Conduct and competence concerns
If you have concerns about a registered doctor or physician associate, you can refer the matter to the Council.
Referring concerns about a doctor or physician associate to Council
Anyone can refer concerns, or make a notification, about a doctor or physician associate to Council.
Before making a written referral, you are welcome to discuss your concerns with our Professional Standards Team. They will explain how the process works, what information is needed and what support is available to you.
It is important to know that information provided in your written referral, including your name, will be given to the doctor so they can respond. This ensures the Council is acting in accordance with the principles of natural justice and fulfilling our obligations under the Privacy Act 2020.
Providing a detailed referral, including examples of incidents, or copies of relevant documents, makes it easier for the doctor to reply. It also means we are better informed and able to take action if required.
Please note that in some circumstances, we are required by law to refer your concerns directly to the Health and Disability Commissioner. Our Team can advise you further on this.
If you are the employer of a doctor or physician associate who has resigned or been dismissed due to competence issues, the Health Practitioners Competence Assurance Act 2003 states that you must inform Council.
What happens when we receive a notification?
Here is an overview of the process:
1. We receive a notification
The Council can receive notifications from various sources, including:
- Colleagues (including doctors, physician associate and all other health practitioners)
- Employers
- The Ministry of Health
- The Accident and Compensation Corporation
- Patients by way of the HDC
2. We request a response from the doctor or physician associate
The information provided in your written referral, including your name, will be given to the doctor or physician associate so they can respond. This ensures the Council is acting in accordance with the principles of natural justice and fulfilling our obligations under the Privacy Act 2020.
3. The referral is handled by the Notifications Triage Team (NTT).
Once the doctor or physician associate's response is received, all the information is considered at the next NTT meeting. The NTT will then decide what should happen. Possible outcomes include that:
- No further action is required.
- No further action is required other than providing the doctor with further education on a specific issue.
- The matter is referred to a full Council meeting.
- There are concerns about the doctor’s professional conduct, so the matter is referred to a Professional Conduct Committee (PCC) for further investigation, under delegation by the Registrar
- There are concerns that the doctor’s continued practice may pose an immediate risk to public health and safety. In this case, an agreement may be entered into with the doctor that sets temporary limitations on their practice.
4. If referred to Council, the doctor or physician associate is given a further opportunity to respond.
5. The matter is referred to Council at the next available meeting
The Council will then make a decision on what should happen. Possible outcomes include that:
- No further action is required
- No further action is required other than providing the doctor or physician associate with further education on a specific issue.
- The doctor or physician associate is required to undergo a tailored recertification programme.
- There are concerns about the doctor or physician associate's competence to practise, so they are referred to a Performance Assessment Committee (PAC).
- There are concerns about the doctor or physician associate's professional conduct, so they are referred to a Professional Conduct Committee (PCC).
- There are concerns that the doctor or physician associate's continued practice may pose an immediate risk to public health and safety. In this case, an agreement may be entered into with the doctor that sets temporary limitations on their practice. In more serious cases, the doctor or physician associate may be suspended or conditions placed on their practice. This is usually ordered with a referral to a PAC or PCC.
Things to consider before referring a doctor or physician associate to Council
As an employer, colleague or health practitioner, you may become concerned about a doctor or physician associate's competence or conduct. Before referring the matter to the Council, it is worth considering the following:
- Have you discussed your concerns with the doctor or physician associate?
- Was it a one-off incident, or is a pattern emerging? For example, has the doctor failed to prescribe properly on multiple separate occasions over the last 3 months?
- Was it a minor incident or a serious departure from accepted medical practice? If it was a departure, did the doctor or physician associate have an acceptable explanation?
- Has there been a recent change in the doctor or physician associate's behaviour or ability? If so, a health issue could be affecting their performance. Information on having concerns about a practitioner’s health is available at the page below.
Legal liability
You may choose to tell the doctor or physician associate that you are considering telling the Council about your concerns. If you refer the matter to us, as long as you act in good faith and with reasonable care, you will not be legally liable for your statements.
Our statement, What to do when you have concerns about a colleague contains further information that you may find useful.
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All doctors have a duty to act on their concerns about another doctor, but doctors in management roles have an extra responsibility to ensure that there are appropriate reporting procedures in place, and these procedures are known to staff who may need to use them. This statement provides guidance for doctors who are concerned about a medical colleague's conduct, performance, competence or health, and provides suggestions on what to do and who to approach.
Further information
For more information, please refer to the following links.
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If you have concerns about the care you received, or about a doctor or physician associate's behaviour or professionalism, you can notify either the Health and Disability Commissioner (HDC) or the Medical Council of New Zealand (Council). We work closely together, but our roles are different.
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A Professional Conduct Committee (PCC) is an investigatory body appointed by the Council. Its purpose is to investigate matters and concerns referred to it by the Council about a registered doctor. Although a PCC is appointed by the Council, it is separate from the Council, and regulates its own procedures.
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The Performance Assessment Committee (PAC) is made up of two medical members and a lay member. The PAC can assess a doctor’s performance at any time.
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The Privacy Act controls how 'agencies' collect, use, disclose, store and give access to 'personal information'. The privacy Codes of Practice do the same, but they apply to specific areas - particularly health, telecommunications and credit reporting.