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Human Assisted Reproductive Technology Act 2004

Enforcement and miscellaneous provisions - Transitional provisions

81: Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period

You could also call this:

"Fertility service providers must follow health and safety rules during a certain time."

Illustration for Human Assisted Reproductive Technology Act 2004

When you provide fertility services during a certain time, you are seen as following the rules in section 9 of the Health and Disability Services (Safety) Act 2001 if you meet some conditions. You must be certified by the Director-General of Health and have had an audit report done by an approved organisation. You also need to give the Director-General a copy of the report within five days of getting it.

You must also follow any standards approved by the Director-General of Health under section 82. If you are accredited by an approved organisation, you are seen as being certified for the purposes of section 26 of the Health and Disability Services (Safety) Act 2001.

The Director-General can approve an organisation to do audits and accredit you if they have the right expertise and experience. This organisation can be based in New Zealand or overseas. The time period when these rules apply is called the interim period, which starts after this Act is approved and ends when standards for fertility services are approved under section 13 of the Health and Disability Services (Safety) Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319819.

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80: Health and Disability Services (Safety) Act 2001 applies to fertility services, or

"Fertility services, like helping people have babies, must follow safety rules from the Health and Disability Services Act."

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82: Approval of standards during interim period, or

"Temporary rules for fertility services during a special time"

Part 4Enforcement and miscellaneous provisions
Transitional provisions

81Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period

  1. During the interim period, the provision of fertility services by a person is deemed to comply with section 9 of the Health and Disability Services (Safety) Act 2001 if the person who provides those services—

  2. is certified by the Director-General of Health; and
    1. has been the subject of an audit report completed, for the purposes of the person's accreditation, by an organisation approved under subsection (4); and
      1. has, within 5 days after the receipt of the most recent report of the kind described in paragraph (b), given the Director-General a copy of the report; and
        1. complies with any standards approved by the Director-General of Health under section 82.

          1. For the purposes of subsection (1)(a), a person who is accredited by an organisation approved under subsection (4) is deemed to be certified for the purposes of section 26 of the Health and Disability Services (Safety) Act 2001.

          2. The provision of fertility services is not in compliance with section 9 of the Health and Disability Services (Safety) Act 2001 unless it is deemed to comply with that section by subsection (1).

          3. The Director-General may approve any organisation to act as auditing agency to accredit a person for the purposes of the interim period if the Director-General is satisfied that the organisation has the expertise and experience to carry out that function.

          4. An organisation approved under subsection (4) may be a body corporate or an association of persons, whether or not that body is incorporated, or any of those persons reside, in New Zealand or overseas.

          5. In this section and in section 82, interim period means the period that commences on the day after the date on which this Act receives the Royal assent and ends immediately before the commencement of the first notice under section 13 of the Health and Disability Services (Safety) Act 2001 that approves standards for fertility services.