In Confidence
Office of the Minister of Health
Cabinet Legislation Committee
Health Practitioners (Replacement of Statutory References to Medical
Practitioners) Bill: Approval for Introduction
Proposal
1.
I propose that the Health Practitioners (Replacement of Statutory
References to Medical Practitioners) Bill (the Bill) be approved for
introduction to the House of Representatives.
Policy
2
On 10 October 2011 and 17 June 2013, Cabinet approved changes to
amend a number of Acts to increase the range of health professionals
who may undertake functions under those Acts, instead of only medical
practitioners (doctors) (CAB Min (11) 36/7 and CAB Min (13) 20/8
refers).
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In addition, the Bill will amend the Misuse of Drugs Act 1975 to allow
“nurse practitioners” and “designated prescriber nurses” to prescribe
controlled drug dependency treatments (referred to as opioid substitution
treatment in CAB Min (13) 20/8).
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The proposed changes originally included an amendment to the Health
and Safety in Employment Act 1992. The Health and Safety in
Employment Act 1992 is now expected to be replaced by the Health and
Safety Reform Bill, which is currently before the Transport and Industrial
Relations Committee. The Ministry of Business Innovation and
Employment will include the equivalent amendment in the Departmental
report on the Health and Safety Reform Bill to the Committee.
5
This Bill is unlikely to be contentious.
Regulatory Impact Analysis
6
Regulatory Impact Statements (RISs) were prepared in accordance with
the necessary requirements and were submitted to the Cabinet after the
policy approvals were obtained (CAB Min (11) 37/6 and CAB Min (13)
20/8 refers].
Compliance
7 The Bill complies with each of the following:
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a.
b.
c.
d.
e.
f.
the principles of the Treaty of Waitangi
the rights and freedoms contained in the New Zealand Bill of Rights
Act 1990 and the Human Rights Act 1993
a disclosure statement has been prepared and is attached to the
paper
the principles and guidelines set out in the Privacy Act 1993
relevant international standards and obligations
the Legislation Advisory Committee Guidelines: Guidelines on
Process and Content of Legislation.
Consultation
8
The following departments and agencies have been consulted on this
paper: Ministry of Business, Innovation and Employment; Ministry of
Justice, Ministry of Social Development; Ministry of Transport; State
Services Commission; The Treasury and the Accident Compensation
Corporation. The Department of the Prime Minister and Cabinet has
been informed.
9
The Ministry of Health previously consulted on with the relevant
responsible authorities and professional organisations whose members
have prescribing rights when developing the prescribing proposals,
these being the New Zealand Medical Association, the Royal New
Zealand College of General Practitioners, and the Nursing Council of
New Zealand.
Binding on the Crown
10
The Bill amends various statutes, but makes no changes to the statutes’
application to the Crown.
Creating new agencies or amending law relating to existing agencies
11
The Bill will not create any new agencies or amend the existing coverage
of the Ombudsmen Act 1975, Official Information Act 1982, or the Local
Government Official Information and Meetings Act 1987 relating to
existing agencies.
Allocation of decision making powers
12
The Bill makes no changes to the decision-making powers in the
statutes amended by this Bill.
Associated regulations
13
The Bill may affect some existing regulations. These have been
discussed with, and will be managed by, the relevant government
departments.
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Other instruments
14
The Bill makes no provisions to empower the making of other
instruments that are deemed to be legislative instruments and/or
disallowable instruments.
Definition of Minister/department
15
The Bill provides no definition of Minister or department.
Commencement of legislation
16
The amended sections of the various Statutes will come into force on a
date or dates to be appointed by the Governor-General by Order in
Council. Commencement by Order in Council is provided to allow time
for the relevant responsible authorities to ensure that the scopes of
practice of their members allow them to carry out the new statutory
functions.
Parliamentary stages
17
I propose that the Bill be introduced to the House by 31 May 2015 and
be enacted by 31 December 2015.
18
I propose that this Bill be referred to the Health Committee.
Recommendations
19
I recommend that the Committee:
1.
note that the Health Practitioners (Replacement of Statutory
References to Medical Practitioners) Bill is on the 2015 Legislation
Programme as Priority 3;
2.
note that the Health Practitioners (Replacement of Statutory
References to Medical Practitioners) Bill amends the legislation
through an Omnibus Bill to change certain references from
“medical practitioners” to “health practitioners” or other specified
health practitioner:
3.
approve for introduction the Health Practitioners (Replacement of
Statutory References to Medical Practitioners) Bill, subject to the
final approval of the government caucus;
4.
agree that the Health Practitioners (Replacement of Statutory
References to Medical Practitioners) Bill be introduced to the
House by 31 May 2015;
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5.
agree that the Government propose that the Health Practitioners
(Replacement of Statutory References to Medical Practitioners) Bill
be:
5.1 referred to the Health Committee for consultation;
5.2 enacted by 31 December 2015.
Hon Dr Jonathan Coleman
Minister of Health
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