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Culling bad apples, blowing whistles and the Health Practitioners Competence Assurance Act 2003 (NZ)
1Faculty of Law, University of Canterbury, Christchurch, New Zealand. sue-rogers@clear.net.nz
Abstract:
The Health Practitioners Competence Assurance Act 2003 (NZ) became New Zealand law on 18 September 2003. This article looks at the background to the Act and reasons for resistance to it. It discusses the record so far on the medical profession's self-regulation of fitness-to-practise issues and the legal duties of practitioners who have reason to believe a colleague is putting patients at risk. It looks at some of the changes the Act brings, compares the experience of English and American medico-legal reforms, where applicable, and attempts to draw some conclusions on the chances for successful change.
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