322ADefinition of health practitioner may be limited

1. The Minister may, from time to time, by notice, declare that a person is not a health practitioner of a particular health profession for any purposes of this Act that are specified in the notice if—

2. the person is a member of a class described in the notice; and
3. the person's registration or deemed registration as a practitioner of that health profession under the Health Practitioners Competence Assurance Act 2003 is related to the person's membership of that class.

4. For the purposes of subsection (1), a class of persons may be described in any way the Minister thinks fit, including, without limitation, in any 1 or more of the following ways:

5. by reference to the scopes of practice of the persons, including, without limitation, to any limitations, restrictions, or conditions in the scopes of practice:
6. by reference to the qualifications of the persons:
7. by reference to the fact that the persons are not permitted to perform services of a stated kind under their scopes of practice:
8. by reference to the fact that the persons lack qualifications of a stated kind.

9. The Minister may not give a notice under this section without first consulting any persons or organisations that the Minister considers appropriate, having regard to the subject matter of the proposed notice.

10. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).