NOTIFICATION OF AN IMPAIRMENT

The Act provides for support of practitioners who suffer from an impairment.

What does the Board consider to be an impairment?

Section 10 of the Physiotherapists Act 2001 (the Act) states:

(1) For the purposes of this Act, a person suffers from an impairment if the person suffers from any physical or mental impairment, disability, condition or disorder that detrimentally affects or is likely to detrimentally affect the person’s physical or mental capacity to practise physiotherapy.

(2) For the purposes of this Act, a person who habitually abuses alcohol or is addicted to a deleterious drug is taken to suffer from an impairment.

Protecting the Public

The role of the Board is to ensure public safety. There is provision in the Act to support practitioners with impairments and ensure public safety.

In accordance with section 55 of the Act the Board must, if at any time it is satisfied that such action is necessary for the purpose of protecting the life or physical or mental health of any person:

(a) by order suspend the registration of a registered physiotherapist for such period (not exceeding 8 weeks) as is specified in the order, or

(b) impose on a registered physiotherapist’s registration such conditions, relating to the physiotherapist’s practising physiotherapy, as it considers appropriate.

How impairment matters are handled by the Board

Section 58 of the Act states the following:

(1) This section applies if the Board takes action against a registered physiotherapist under section 55 because the Board is of the opinion that the physiotherapist suffers from an impairment.

(2) The Board must, as soon as practicable after taking that action and, in any event, within 7 days after taking that action, notify the Commission (Health Care Complaints Commission) that it has taken that action.

(3) The Board is to consult with the Commission to see if agreement can be reached as to whether the matter should be:

(a) dealt with as a complaint against the physiotherapist, or

(b) referred to an Impaired Registrants Panel.

(4) The matter is to be dealt with as a complaint against the physiotherapist only if, following that consultation:

(a) the Board and the Commission agree that it should be dealt with as a complaint, or

(b) either the Board or the Commission is of the opinion that the matter should be dealt with as a complaint.

(5) In such a case, the Board is to refer the matter to the Commission and the matter is to be dealt with by the Commission as a complaint made to the Commission against the physiotherapist concerned.

(6) The Commission is to investigate the complaint or cause it to be investigated and, as soon as practicable after it has completed its investigation, refer the complaint to the Tribunal or to the Board to be dealt with by inquiry at a meeting of the Board under Division 4.

(7) Section 37 (Serious complaints must be referred to Tribunal) applies in respect of any such action by the Commission.

(8) If subsection (4) does not apply, the Board is to refer the matter to an Impaired Registrants Panel.

(9) A matter may be referred to an Impaired Registrants Panel under this section even though the physiotherapist has been suspended under section 55. Part 5 applies in respect of such a referral as if the physiotherapist were a registered physiotherapist.

Notification of an impairment

The annual renewal process requires practitioners to report to the Board any issues relating to impairments. The Board considers the likely impact on the practitioner’s ability to safely practice physiotherapy if suffering from an impairment and what measures are in place to manage the impairment. The impairment process is not a discriminatory process. The Board is aware that if a practitioner suffers from an impairment it does not necessarily mean that it will affect their ability to practise physiotherapy.

Notice of the impairment can come from anyone: the practitioner, peers, supervisors or members of the public.

Notice of impairment may come through the complaints handling process as the complaint may be the result of an impairment.

The Impaired Registrants Panel

Part 9 of the Physiotherapists Act 2001 provides for Impaired Registrants Panels to be appointed by the Physiotherapists Registration Board whenever the Board decides to refer a matter for consideration by a Panel. Section 98 of the Act provides that the Board appoints two (2) persons to each Panel, at least one of whom is a registered physiotherapist.

The Impaired Registrants Panel meets with the physiotherapist and reviews all available information, including medical reports. The Panel may counsel the physiotherapist or may recommend that the physiotherapist agree to a voluntary suspension or conditions being imposed on registration. The Board may impose conditions or suspend the registration of a physiotherapist only if a Panel has recommended that the Board do so, and if the Board is satisfied that the physiotherapist has voluntarily agreed to the conditions. If a physiotherapist cannot be satisfactorily dealt with by a Panel, the Panel may recommend to the Board that the impairment be dealt with as a complaint.

While the Board is responsible for deciding to refer a matter to an Impairment Panel, appointing persons to sit on a Panel, and paying the Panel’s expenses from the Board’s account, the Board does not direct the Panel or influence its decisions in any way ensuring independent consideration by the Panel.

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