Competence Standards for Optometrists and Dispensing Opticians

Introduction

Legislation which also directly or indirectly affects the professional practice of optometry and optical dispensing includes:

Medicines Act 1981
Medicines Regulations 1984
Privacy Act 1993
Health Information Privacy Code 1994
The Health (Retention of Health Information) Regulations 1996
Consumers Guarantees Act 1993
Fair Trading Act 1986
Health and Disability Commissioner Act 1994
Code of Health and Disability Services
Consumers' Rights
Land Transport Act 1998 (section 18)
Health Act 1956

An individual must maintain a working knowledge of the responsibility placed upon his or her professional activities by current legislation and any new legislation that may be enacted.

Competence Standards

Notification that the practice of a registered practitioner may pose a risk of harm to the public.

If you are a health practitioner you may inform the Board in writing if you believe that a practitioner for whom the Board is responsible, may pose a risk of harm to the public by practising below the required standard of practice. This website contains standards of practice information of a competent practitioner.

No civil or disciplinary proceedings lie against any person in respect of the above, unless the person has acted in bad faith.

The Board will assess whether the matter is frivolous or vexatious. If this is found to be so, the Board does not have to take the matter any further.

The Board may at any time review the competence of a practitioner who holds a current practising certificate, whether or not there is reason to believe that the practitioner's competence may be deficient.

If the Board assesses a risk of serious harm to the public because the practitioner is practising below the required standard of competence, the Board can suspend the practitioner's annual practising certificate or change the practitioner's scope of practice.

The Board may undertake a review of a practitioner and if the Board has reason to believe that the practitioner fails to meet the standard of competence the Board must make one or more of the orders specified in the HPCA Act:

- that the practitioner undertake a competence programme
- that one or more conditions be included in the health practitioner's scope of practice
- that the practitioner sit an examination or undertake an assessment specified in the order
- that the health practitioner be counselled or assisted by one or more nominated persons.

Note to employers of practitioners 

Whenever an employee employed as a health practitioner resigns or is dismissed from his or her employment for reasons relating to competence, the person who employed the employee immediately before that resignation or dismissal must give the Registrar of the Board written notice of the reasons for that resignation or dismissal.



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