Form NMD-1 1. Contact information Connected Health Team National Systems Development Programme Ministry of Health PO Box 5013 WELLINGTON Attention: Ross McKenna connectedhealth@moh.govt.nz 04 816 3534 2. The 2ld applied for .health.nz 3. Define the community of interest The community of interest is the health and disability sector (the Sector). It is defined as: Organisations whose principal purpose is to provide health and disability services through registered health practitioners and government bodies whose principal purpose is supporting health and disability service delivery or public health. This definition rests on the concept of a registered practitioner, which is defined in the Health Practitioners Competence Assurance Act 2003 (“the Act”). Only registered practitioners of professions which are listed under the Act are eligible for .health.nz names. The Act provides a mechanism for health services that are not listed professions in the Act to become listed professions. In practice the definition covers: • Practices, clinics, surgeries and consulting rooms which deliver health and disability services through registered practitioners. • Hospitals and DHBs. • The Ministry of Health, ACC and other government health and disability bodies. 4. Explain how your proposed 2ld meets the criteria of clause 5.4 and 6.2 of InternetNZ 2ld policy 5.4 The criteria for a new 2LD are that the 2LD: 5.4.1 Represents an identifiable, significant community of interest; where: (a) 'significant' can mean either quantitatively or qualitatively; and (b) the community of interest can be defined in a clear written statement. The Sector is significant in qualitative and quantitative terms. The Sector comprises over 17,000 organisations and has up to 100,000 practitioners. It is a critical part of New Zealand that touches the lives of everyone. 5.4.2 Represents an on-going and long-lived community of interest. The Sector is ongoing and long-lived. 5.4.3 Does not conflict with, duplicate or cause confusion about, any existing 2ld, and is a useful addition to the current DNS hierarchy. A .health.nz 2ld does not cause conflict or confusion with any other 2ld. There is no ‘natural’ 2ld for health and disability services in New Zealand. DHBs, for instance, are currently registered in three different 2lds. .health.nz would be a useful addition to the DNS hierarchy because it recognises and builds confidence in a unique, large, and important part of New Zealand. 5.4.4 Uses a name to represent the domain that is an obvious derivative of a word that properly describes the community of interest, e.g. .org.nz for organisation, or a complete word, e.g. .maori.nz. The name .health.nz is brief, obvious and descriptive. 5.4.5 Does not bring the .nz domain name space into disrepute. Adding a .health.nz 2ld does not bring the .nz domain name space into disrepute. Rather the opposite: it enhances the space by providing a clear distinguishing feature for the Internet presence of a sector that touches the lives of all New Zealanders. The community of interest for the 2ld must: 6.2.1 Be represented by a properly constituted organisation as a "designated 2ld moderator" with authority to implement policy. The Ministry of Health is the core government body with responsibility for the Sector. The Ministry sets government policy for health and disability services. Through the Health Practitioners’ Competency Assurance Act 2003 the Government defines the authorities which register health practitioners. 6.2.2 Comprise a well-defined, strong, and long-lived community of interest. Well-defined and long-lived are covered above. The Sector is strong in terms of its impact, its importance, its size and its budget. 5. Why does the 2ld have to be moderated? To ensure the authority of the 2ld. It is important that the public can have confidence that .health.nz names are used by certified health practitioners and the organisations that support them. Form NMD-2 1. The 2ld this application relates to .health.nz 2. The community of interest The health and disability sector. 3. Moderator Connected Health Team National Systems Development Programme Ministry of Health PO Box 5013 WELLINGTON Attention: .health.nz Moderator 04-816 3507 4. Contact point Connected Health Team National Systems Development Programme Ministry of Health PO Box 5013 WELLINGTON Attention: Mikel Huth 04-816 3507 5. Proposed process for accepting moderation requests There are two cases: 1. Initial allocation of names The Ministry intends initially to allocate names to clinics, DHBs etc. The process will be: • The Moderator will contact each potential registrant and suggest an appropriate domain name. The Moderator will negotiate if necessary, while ensuring that the names do not cause confusion or mislead. The Moderator will gather sufficient information from the registrants to enable the name to be made live. • The Moderator will advise the Health Registrar as names are agreed. The Health Registrar will register the names in the name of registrants and make them live. 2. Names applied for or modified by registrants • The Health Registrar will pass all requests for new names or changes to the registrant fields for existing names automatically to the moderator. • The Moderator will aim to make a decision within 3 business days although this cannot be guaranteed, especially in cases where names may appear ambiguous or generic. • The Moderator will advise the Registrar and the applicant of its decision. 6. Moderation criteria Who may have a name: The health and disability sector (the Sector) is defined as: Organisations whose principal purpose is to provide health and disability services through registered health practitioners and government bodies whose principal purpose is supporting health and disability service delivery or public health. Names are to be available to all members of the Sector. It will normally be appropriate for the name to be registered in the name of the clinic, practice or surgery rather than in the name of an individual practitioner. What name(s) may they have: The name should be the trading name of the organisation or a reasonable abbreviation thereof. Generic names (eg public.health.nz) will only be accepted where they represent a sector-wide initiative with approval of the Ministry. For more detail refer to the moderation policy. Moderation policy - .health.nz second level Internet domain 1 Introduction The New Zealand Internet country code top level domain .nz has second level domains or namespaces (“2lds”). Some of these (e.g. .govt, .mil, .cri and .iwi) have strict requirements for registering names (e.g. ssc.govt.nz or army.mil.nz). Such 2lds are called "moderated domains". The .health.nz namespace is moderated to preserve the authority of health and disability sector websites and email addresses, and to enable easy identification of the Sector on the Internet. This will give people confidence that they are dealing with bona fide health providers, improve security and privacy of patients’ health information and simplify the implementation of health and disability sector networking. This is the Moderation Policy (“the Policy”) for the .health.nz. The Policy sets out: • Who may have Internet domain names ending in .health.nz • What name(s) they may have • What restrictions there are on use of the names • The identity of the Moderator who enforces the Policy • The processes for obtaining and managing names. This paper is divided into four sections: 1. Introductory material about .health.nz and definitions of the Sector and other terms used 2. The policy on .health.nz domain names 3. The processes around .health.nz names 4. The rights and responsibilities of those involved. 1.1 Definitions of terms In the context of the .health.nz Internet domain name: • The health and disability sector (“the Sector”) comprises: 1 registered practitioners and organisations whose principal purpose is to provide health and disability services through registered practitioners; and 2 government bodies whose principal purpose is supporting health and disability service delivery or public health. • Registered practitioners are practitioners of professions listed in the Health Practitioners Competency Assurance Act 2003 (the Act) and amendments who are registered with the respective registration authorities described under the Act. The professions and authorities are listed in Appendix 1. Other professions or authorities will be added to this list if they become registered in terms of the Act. • Generic names are domain names which refer to functions, projects or programs rather than to organisations or individuals. An example is public.health.nz. • Registrants are members of the health and disability sector which hold, or are applying for, .health.nz domain names. • Moderation is the process of assessing whether a Registrant is able to register a .health.nz domain name, and whether the proposed name is within the Domain Name guidelines. Moderation is a quality management system designed to achieve valid, fair and consistent assessment of requests for names. • The Moderator is the office that performs moderation and enforces this policy. • Registration is the process by which the licence to use a name is recorded and passed to New Zealand Registry Services (“NZRS”) for insertion into the Domain Name System (“DNS”). Registration gives the organisation the exclusive right to the use of that name for a period and the right to renew the Registration at the end of that period. • The Registrar is the body that performs registration for .health.nz domain names. • The Governance Body is a body comprising a number of Sector representatives, not all from government agencies, to which the Moderator will be accountable. 2 Policy Every application for a .health.nz name will be subject to moderation. Moderation is performed on a case by case basis. No approval or refusal of an application can be taken as a precedent for a subsequent request. Registrants must ensure that approval is gained before the domain name is used in any way. Registrants will be assessed against this policy. Registrations will not be approved purely on the basis of stationery or promotional material having already been printed. By requesting a name in the .health.nz space, an organisation or practitioner accepts the terms and conditions relating to this space, as laid out in this policy, and in the standard terms and conditions required by InternetNZ (http://www.internetnz.net.nz/) and the Domain Name Commissioner (http://www.dnc.org.nz/). The Moderator will grant an application for a name if: 1. The applicant is: a. a registered practitioner; or b. the authorised representative of a body whose primary purpose is to deliver health and disability services through one or more registered practitioners; or c. the authorised representative of a government body whose primary purpose is to support the delivery of health and disability services or public health; and 2. The name applied for is the name of the applicant or a clear derivation of that name or a trading name of the applicant but is at least four letters long; and 3. The name does not in the Moderator’s view cause confusion or bring the Sector into disrepute. In addition, the Moderator may: • grant applications from government health bodies for generic names where deemed to be in the public interest; and • apply for and/or grant such names as it deems necessary for the operation of the .health.nz domain. 2.1 Who may apply for a .health.nz domain name? The .health.nz namespace is reserved for bona fide members of the Sector, as defined above at clause 1.1. Generally practitioners will access a .health.nz domain name through the organisation in which they normally work, e.g. a DHB or clinic, but in some cases the domain will be allocated directly to the individual practitioner. Each decision is arrived at on a case by case basis and no decision should be interpreted as a precedent. 2.2 Names not automatically acceptable A Registrant’s applied for name is not automatically acceptable for registration merely because the Registrant is a member of the Sector as defined at clause 1.1. 2.3 What names may be applied for? Most names in the .health.nz domain will be the practice or trading name, or a reasonable abbreviation, of the organisation or individual Registrant within the Sector. For example, Dr John Smith working through the Newlands Clinic might be john@ or john.smith@newlandsclinic.health.nz. The name newlandsclinic.health.nz would be granted to the practice of which John Smith is part, even if he is its only doctor. How the practice allocates its email addresses (ie john, john.smith or some other form) is up to the practice, although firstname.lastname is the most common form for email addresses in New Zealand. In this example, the practice would be the registrant for the domain name. 2.4 Names must be chosen to avoid confusion Registrants will need to choose names which avoid confusion with other organisations within the Sector or within the wider internet .nz domain. The Moderator will adjudicate in any case where a name could conceivably be seen as representing a different organisation or organisations. 2.5 Multiple names per organisation permitted in some cases In some cases an organisation might be granted more than one .health.nz domain name. This could arise when the organisation’s name is sometimes abbreviated, or is commonly abbreviated in more than one way. This is not to imply that an organisation may automatically be able to get every name that it applies for. Extra names will only be granted where, in the view of the Moderator, they are necessary to prevent confusion. The criteria of suitability, acceptability, and avoiding confusion with others will apply. 2.6 Generic names and acronyms Generic names are those which refer to some aspect of health rather than a health provider or other health organisation. An example is public.health.nz. A generic name (defined at Clause 1.1) will only be granted where it refers to a national function, body, project or programme. When a generic name is granted, it will not affect the Registrant’s usual .health.nz name or any other generic names it holds – i.e. generic names are not covered by the policy about extra names in Clause 2.5. Names with four or fewer letters (not including the “.health.nz”) will normally be used only to represent government bodies or Sector-wide initiatives where the abbreviation is, or is intended to be, widely recognised by the New Zealand general public (e.g. ACC). Notwithstanding the other paragraphs in this section, the moderator may apply for or grant an application for a generic name that is necessary for the running of the .health.nz domain. 2.7 Names not to bring Sector into disrepute Names will not be accepted that might inadvertently or otherwise bring the Sector into disrepute. Particular care should be given to acronyms that could be pronounced as a word. The moderator may withdraw or disable a name if it is being used in way that could bring the Sector into disrepute. More information is given under Withdrawal by Moderator at clause 3.5. 2.8 What may names be used for? Names are granted for use in matters related to health provision or to the business or governance of that provision. Organisations using .health.nz domain names retain their legal and ethical obligations to protect the confidentiality of patient information. They must not give access to their domain name to people outside the organisation, or use it for unrelated purposes. Passing a name on beyond the Sector or using it for unrelated purposes would constitute behaviour likely to bring the Sector into disrepute and could form grounds for the Moderator to withdraw the name. The Moderator may permit the passing on of a 4th level domain based on a generic Dot Health name to a supplier of services to the Sector where the Moderator deems it to be in the Sector’s interest. 2.9 Identity of the Moderator The Moderator for the .health.nz domain is an office of the Ministry of Health. The Moderator considers applications for names against this policy, and enforces this policy, and performs such other actions as it considers necessary to protect the integrity of the .health.nz domain. The moderator will be accountable to the Governance Body. 3 Processes The Ministry will select an accredited .nz registrar to be the Registrar. The Ministry may review this selection from time to time. All applications for names will be done through the Registrar. Registrants will not be able to change .health.nz names to a different .nz registrar. The Registrar will provide optional name service at no charge to the Registrant. Registrants are encouraged to use this unless they are confident their ability to arrange or provide their own name service. 3.1 Applications for names Registrants from within the Sector will apply for their domain name directly using a web page operated by the Registrar. The Registrar will pass all requests for domain name registration to the Moderator for a decision. The Moderator will record the decision, either approved or declined, on the Registrar’s system. This process will also apply if a Registrant applies to change registration details for a name. Registrants will be required to provide the following details: • Domain name requested • Organisation name • Type of organization (note: could be sole trader) • Name of practitioner • Profession practiced, e.g. medicine, physiotherapy etc • Registration number (this will be checked against Ministry records) • Postal address • Name, telephone number and email address of person in the organisation who is responsible for the registration of this domain name (business contact) • Name, telephone number and email address of person in the organisation who is responsible for the registration of this domain name (technical – could be the organisation’s Internet Service Provider (“ISP”)) • Name server information (if in doubt, refer to your ISP). Other information may be required from time to time. The Registrar will advise the registrant of the decision, and if approved, will add the name to the Registry. This will make the name ‘live’ on the Internet. 3.2 Payment for domain names The registry fees for all .health.nz domain names will be paid directly by the Ministry of Health on behalf of the Sector. The Ministry will also pay the Registrar costs. Registrants will not be charged by the Ministry or the Registrar for .health.nz names. Registrants remain responsible for their other business and information and communications technology costs (“ICT”). 3.3 Implementation phase of .health.nz An implementation phase will follow the approval by InternetNZ of the .health.nz second-level domain. During this period, the Moderator may contact practitioners inviting them to register specific names and providing links to the appropriate page at the Registrar’s site. 3.4 Withdrawal by the organisation or practitioner An organisation or practitioner may cease use of a domain name at any time. They must advise the moderator that a name has been abandoned. To prevent confusion, abandoned or withdrawn names will generally not be reissued, but will be made inactive to reduce costs to the Ministry. Should a practitioner lose his or her certification, he or she must cease all use of a .health.nz domain name. If there are no other practitioners in the clinic or organisation, then the domain name must be released back to the Moderator. 3.5 Withdrawal by the moderator The Moderator’s role is not merely as a gatekeeper on the domain, but is also the manager of domain names on behalf of the Sector. The Sector as a whole stands to benefit from having an authoritative domain, and bears the costs of maintaining it. The Moderator has the right to review and terminate all Registrations. If a Registration is deemed to be invalid, for technical reasons, incorrect usage or because it refers to someone who is no longer a practitioner, the Moderator will enter into negotiation with the Registrant to either change to a valid name or to withdraw the name if the Registrant is no longer a registered practitioner. The Moderator will from time to time review the currency of existing domain names and may enter into negotiation with a Registrant to withdraw a name which is not being used, or issue 30 days notice of intention to terminate, subject to appeal. The Moderator has the right to withdraw or disable a name with immediate effect if, in the Moderator’s opinion, the name is being used in such a way as it will damage the reputation of the Sector as a whole or the integrity of the domain name system. An example of such use would be a .health.nz website hosting viruses or other illegal material. The Moderator will attempt to contact the Registrant, but may withdraw or disable the name regardless of whether contact was successful. If a name is disabled rather than withdrawn it may be reinstated once all issues have been resolved. Reinstatement is at the discretion of the moderator. 3.6 Appeals In the event that the Moderator declines an application for a name or terminates a Registration, the affected organisation or practitioner may appeal the decision. All appeals must be submitted in writing to the address below. Consideration may or may not include a request for additional information or a requested meeting with the appellant. The appeal should provide additional details of the intended use outlined briefly in the initial application, and state why the organisation or practitioner believes the moderator's decision should be reviewed. Appeals will be considered by a subcommittee of the Governance Body. This subcommittee will contain at least one person from the wider Sector, i.e. not from the government. Each appeal will be considered on a case-by-case basis. The success or failure of any appeal will not set a precedent for any other appeals. Appeals should be addressed to: Chief Advisor, Health Information Ministry of Health PO Box 5013 Wellington 4 Rights and responsibilities The Ministry of Health recognises the nature of delegated domain spaces as per Internet standards document RFC 1591 (http://www.iana.org). The Ministry of Health notes and accepts the InternetNZ policy position that Registration of a domain name in the .nz space implies no direct property rights but constitutes a renewable licence to use the name. 4.1 Registrant rights and responsibilities Sector members are permitted to apply for .health.nz names. All Registrants must apply on their own behalf; a third party cannot register names on behalf of any Sector member. Registrants of .health.nz names should ensure that they use their domain name in accordance with all appropriate governance requirements. These may include, but is not limited to, any or all of the following: • Health Information Privacy Code • Privacy Act • Health Practitioner Competency Assurance Act 4.2 Registrar rights and responsibilities The Registrar is a service entity that manages the process of domain name Moderation in the .health.nz space, and interfaces with the .nz registry. It is a .nz accredited Registrar as defined by the Domain Name Commission (“DNC”). The Registrar will manage the process of establishing new names in a timely manner. However, the act of Moderation may mean delays to registrations that are beyond the Registrar’s control. The Registrar will act on policy decisions provided by the Moderator. 4.3 Moderator rights and responsibilities Any applications that fail to meet the stipulated criteria for Registration in the .health.nz domain will either be; - returned to the Registrant for further development; or - declined as not meeting, nor able to meet, the stipulated criteria The Moderator will conduct any checks it considers necessary to assure itself that an Registrant for a .health.nz name is a bona fide health organisation or Registered Practitioner as set out in the definition of the Sector at clause 1.1. This will involve, among other checks, validating an application against the Health Practitioners Index (“HPI”) maintained by the Ministry. The Moderator will give due consideration to each case. In normal circumstances, where no issues are raised, the process should be completed within five (5) working days. The Moderator does not guarantee any particular timeframe, however, applications should be made well in advance of the business need. 4.4 Exclusion of Liability The Moderator and the Registrar will not be liable to a Registrant for any action or failure to act (unless in bad faith) in connection with the operation of the .health.nz domain. Appendix 1 – List of Professions and Authorities The Health Practitioners Competency Assurance Act 2003 (the Act) defines professions and authorities that register members of those professions. Each authority maintains its own register. Only registered practitioners of those professions count as regisitered practitioners for the purposes of .health.nz. As at May 2008, the list of professions and authorities is: Authority Profession Dental Council Dentists Dental hygenists Clinical dental technologists Dental technologists Dental therapists Midwifery Council Midwives Osteopathic Council Osteopaths Pharmacy Council Pharmacists Chiropractic Board Chiropractors Dieticians Board Dieticians Medical Laboratory Medical lab technicians Science Board Medical radiation technicians Medical Council Medical practitioners Nursing Council Nurses Occupational Therapy Occupational therapists Board Optometrists and Dispensing opticians Dispensing Opticians Board Optometrists Physiotherapy Board Physiotherapists Podiatrists Board Podiatrists Psychologists Board Psychologists Psychotherapy Board Psychotherapists The Act allows professions to be added to an existing authority or to a new authority by Order in Council (s115). The conditions for this are set out in s116 which says that is should be done if there is a risk of harm to the public or if it is in the public interest. This section also requires as a precondition that there is agreement within the profession about standards, qualifications and competencies. In May 2007 the profession of psychotherapy was added under this section, and an authority created for it. If further professions or authorities are added to the Act they will be added to this policy, so practitioners of those professions will become eligible to register .health.nz names.