Running a business in the healthcare industry carries several risks. As such, it’s essential that you’re well-protected by having the right legal documents in place. Our team can help you with your legal needs, from contracts to regulatory compliance and privacy obligations.
To open a healthcare or medical practice in New Zealand, you will need to prepare and register a variety of legal documents. Key requirements include:
- Registering your business name with the New Zealand Companies Office (https://companies-register.companiesoffice.govt.nz/).
- Obtaining Workers' compensation insurance and business insurance (e.g. professional indemnity, public liability).
- Securing Council approval (if operating from a commercial premise) and a lease agreement (if renting premises).
- Registering with the Medical Council of New Zealand (https://www.mcnz.org.nz/) for doctors or the Nursing Council of New Zealand (https://www.nursingcouncil.org.nz/) for nurses, depending on your practice.
- Having Health and safety policies and procedures in place, in accordance with WorkSafe New Zealand (https://www.worksafe.govt.nz/).
- Complying with privacy and data protection policies and procedures, as outlined by the Privacy Commissioner (https://www.privacy.org.nz/).
If you're running a health business in New Zealand, you're likely to be collecting and managing customers' health information. Under New Zealand privacy laws, health information is considered more sensitive than standard data. As such, there are additional requirements that apply.
For instance, if your health business is collecting health information, you are legally required to have a Privacy Policy in place in accordance with the Privacy Act 2020 regardless of your business size.
The sensitive nature of health information means that your business needs to have well-drafted Privacy Policies, Cookie Policies, NDAs, and Terms and Conditions in compliance with privacy laws.
If you're conducting business in the EU, your Privacy Policy will need to comply with the GDPR.
Yes, you can start a healthcare business or medical practice online in New Zealand. This is likely to be considered a telehealth business.
However, being online does not exempt you from your legal obligations as a health business. The specific privacy laws for health information in New Zealand still apply to you, and you must take measures to ensure these obligations are met virtually.
For example, your online platform should have strong security systems and cybersecurity measures to keep your customers' data safe when being shared online. This may require two-factor authentication or training your staff with a Data Breach Response Plan.
You should also have the relevant NDAs, confidentiality agreements, T&Cs, and disclaimers on your website to protect both you and your customers.
