Mr Ihle [counsel for the CM Board] referred to the main purpose of the Act as set out in s 1(a) and (c) as being protection of the public by the provision of registration of health practitioners, and the regulation of advertising of regulated health services.
He submitted that acupuncture is usually delivered by regulated professionals and that it is a regulated health service. He referred to s 80(2) in support of this submission. That sub-section prohibits the use of the title in a Table of titles, which title could be reasonably understood to induce a belief that the person is appropriately registered under the Act. One of these titles is 'acupuncturist'. The sub-section states that the use of other words in addition to the title does not avoid the prohibition.
Accordingly, it was submitted, the addition of the word 'laser' to the word 'acupuncture' does not avoid the prohibition, and so in this case the appellant breached the Act by claiming to specialise in laser acupuncture. It was submitted that the use of the word 'laser' does not indicate some lesser form of acupuncture, or remove it from the operation of the legislation. I accept that submission.
Mr Ihle further submitted that the element of intention or recklessness in the charge under s 80(1) requires the application of an objective test, as to the use of the title, not in relation to what is understood by others. I am satisfied on the evidence that the appellant was reckless in her use of the name or words 'laser acupuncturist'.
As to the alleged breaches under s 94, charges 2, 3 and 4, I accept Mr Ihle's submission that acupuncture is a regulated health profession [sic] by reason of the definition in sub-section 3. He submitted that both acupuncture and laser acupuncture are intended to be covered by the section. I also accept that submission. The appellant advertised acupuncture, even though described as laser acupuncture [sic], and indeed her website offered it as being acupuncture without the needles.
Having carefully considered the evidence and the submissions of counsel I am satisfied beyond reasonable doubt that each of the charges is proven. Accordingly, the orders of the Magistrates' Court are set aside, and the same orders substituted.[12]