Legal rehabilitation of health professionals in New Zealand

Abstract

Aims A common understanding of 'rehabilitation' is the restoration of physical or mental functioning. However, sometimes the concept is applied by professional disciplinary bodies to restore poorly performing health practitioners to their former level of professional functioning. This article aims to research what 'rehabilitation' means, in the context of New Zealand law. Methods A range of cases were considered to assess what rehabilitation consists of, and when disciplinary boards choose to use it. Where discrepancies between decisions gave rise to questions, further analysis was carried out. Findings It can be seen that the New Zealand's disciplinary decisions do not appear consistent, particularly differing by profession. Nevertheless, a clearer approach is beginning to emerge, one which should become more so in the future. Conclusions Analysis of New Zealand's disciplinary decisions may contribute to the rich international research on professional regulation.