Div 10Title and practice protections

Division 10—Title and practice protections Subdivision 1—Title protections 113—Restriction on use of protected titles (1) A person must not knowingly or recklessly— (a) take or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession; or (b) take or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession. (a) take or use a title in the Table in relation to another person (the second person), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or (b) take or use a prescribed title for a health profession in relation to another person (the second person), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession. (3) Subsections (1) and (2) apply whether or not the title is taken or used with or without any other words and whether in English or any other language. Table—Protected titles Profession Title Aboriginal and Torres Strait Islander Health Practice Aboriginal and Torres Strait Islander health practitioner, Aboriginal health practitioner, Torres Strait Islander health practitioner Chinese Medicine Chinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner, acupuncturist Chiropractic chiropractor Dental dentist, dental therapist, dental hygienist, dental prosthetist, oral health therapist Medical medical practitioner Medical Radiation Practice medical radiation practitioner, diagnostic radiographer, medical imaging technologist, radiographer, nuclear medicine scientist, nuclear medicine technologist, radiation therapist Midwifery midwife, midwife practitioner Nursing nurse, registered nurse, nurse practitioner, enrolled nurse Occupational Therapy occupational therapist Optometry optometrist, optician Osteopathy osteopath Paramedicine paramedic Pharmacy pharmacist, pharmaceutical chemist Physiotherapy physiotherapist, physical therapist Podiatry podiatrist, chiropodist Psychology psychologist 114—Use of title "acupuncturist" (1) A registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist does not commit an offence against section 113(1)(a) merely because the individual takes or uses the title "acupuncturist". (2) A person does not commit an offence against section 113(2)(a) merely because the person takes or uses the title "acupuncturist" in relation to another person who is a registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist. 115—Restriction on use of specialist titles (1) A person must not knowingly or recklessly take or use— (a) the title "dental specialist" unless the person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or (b) the title "medical specialist" unless the person is registered in a recognised specialty in the medical profession; or (c) a specialist title for a recognised specialty unless the person is registered under this Law in the specialty. (2) A person must not knowingly or recklessly take or use— (a) the title "dental specialist" in relation to another person unless the other person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or (b) the title "medical specialist" in relation to another person unless the person is registered in a recognised specialty in the medical profession; or (c) a specialist title for a recognised specialty in relation to another person unless the person is registered under this Law in the specialty. (3) Subsection (1) applies whether or not the title is taken or used with or without any other words and whether in English or any other language. 115A—Claims by persons as to membership of surgical class (1) A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following— (a) take or use the title "surgeon"; (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; (c) claim to be, or hold out as being, a member of a surgical class. Maximum penalty: $60 000 or 3 years imprisonment or both. (2) A person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class— (a) take or use the title "surgeon" in relation to the practitioner; (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; (c) claim the practitioner is, or hold the practitioner out as being, a member of a surgical class. (a) in the case of an individual—$60 000 or 3 years imprisonment or both; or (b) in the case of a body corporate—$120 000. (3) Subsections (1)(a) and (2)(a)— (a) apply whether or not the title "surgeon" is taken or used with or without any other words and whether in English or any other language; but (b) do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner— (i) holds registration in the dentists division of the dental profession; or (ii) is permitted under this Law, or another law of a State or Territory, to take or use the title "surgeon" for practising a profession other than the medical profession. (4) Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to— (a) any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and (b) the surgical training required to be undertaken by members of the proposed class. surgical class means the following classes of medical practitioners— (a) a medical practitioner holding specialist registration in the recognised specialty of surgery; (b) a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology; (c) a medical practitioner holding specialist registration in the recognised specialty of ophthalmology; (d) a medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word "surgeon" in a specialist title for the specialty; (e) another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council. 116—Claims by persons as to registration as health practitioner (1) A person who is not a registered health practitioner must not knowingly or recklessly— (a) take or use the title of "registered health practitioner", whether with or without any other words; or (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) the person is a health practitioner; or (ii) the person is authorised or qualified to practise in a health profession; or (c) claim to be registered under this Law or hold himself or herself out as being registered under this Law; or (d) claim to be qualified to practise as a health practitioner. (a) take or use the title of "registered health practitioner", whether with or without any other words, in relation to another person who is not a registered health practitioner; or (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) another person is a health practitioner if the other person is not a health practitioner; or (ii) another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or (c) claim another person is registered under this Law, or hold the other person out as being registered under this Law, if the other person is not registered under this Law; or (d) claim another person is qualified to practise as a health practitioner if the other person is not a registered health practitioner. 117—Claims by persons as to registration in particular profession or division (1) A registered health practitioner must not knowingly or recklessly— (a) claim to be registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered, or hold himself or herself out as being registered in a health profession or a division of a health profession if the person is not registered in that health profession or division; or (b) claim to be qualified to practise as a practitioner in a health profession or a division of a health profession in which the practitioner is not registered; or (c) take or use any title that could be reasonably understood to induce a belief the practitioner is registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered. (2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (3) A person must not knowingly or recklessly— (a) claim another person is registered under this Law in a health profession or a division of a health profession in which the other person is not registered, or hold the other person out as being registered in a health profession or a division of a health profession if the other person is not registered in that health profession or division; or (b) claim another person is qualified to practise as a health practitioner in a health profession or division of a health profession in which the other person is not registered; or (c) take or use any title in relation to another person that could be reasonably understood to induce a belief the other person is registered under this Law in a health profession or a division of a health profession in which the person is not registered. A contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken. 118—Claims by persons as to specialist registration (1) A person who is not a specialist health practitioner must not knowingly or recklessly— (a) take or use the title of "specialist health practitioner", whether with or without any other words; or (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) the person is a specialist health practitioner; or (ii) the person is authorised or qualified to practise in a recognised specialty; or (c) claim to be registered under this Law in a recognised specialty or hold himself or herself out as being registered under this Law in a recognised specialty; or (d) claim to be qualified to practise as a specialist health practitioner. (a) take or use the title of "specialist health practitioner", whether with or without any other words, in relation to another person who is not a specialist health practitioner; or (b) take or use a title, name, initial, symbol, word or description in relation to another person who is not a specialist health practitioner that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) the other person is a specialist health practitioner; or (ii) the other person is authorised or qualified to practise in a recognised specialty; or (c) claim another person is registered under this Law in a recognised specialty or hold the other person out as being registered under this Law in a recognised specialty if the other person is not registered in that recognised specialty; or (d) claim another person is qualified to practise as a specialist health practitioner if the person is not a specialist health practitioner. A contravention of this section by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken. 119—Claims about type of registration or registration in recognised specialty (1) A registered health practitioner must not knowingly or recklessly— (a) claim to hold a type of registration or endorsement under this Law that the practitioner does not hold or hold himself or herself out as holding a type of registration or endorsement if the practitioner does not hold that type of registration; or (b) claim to be qualified to hold a type of registration or endorsement the practitioner does not hold; or (c) claim to hold specialist registration under this Law in a recognised specialty in which the practitioner does not hold specialist registration or hold himself or herself out as holding specialist registration in a recognised specialty if the person does not hold specialist registration in that specialty; or (d) claim to be qualified to practise as a specialist health practitioner in a recognised specialty in which the practitioner is not registered. (2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (3) A person must not knowingly or recklessly— (a) claim another person holds a type of registration or endorsement under this Law that the other person does not hold or hold the other person out as holding a type of registration or endorsement if the practitioner does not hold that type of registration or endorsement; or (b) claim another person is qualified to hold a type of registration or endorsement that the other person does not hold; or (c) claim another person holds specialist registration under this Law in a recognised specialty which the other person does not hold or hold the other person out as holding specialist registration in a recognised specialty if the other person does not hold specialist registration in that specialty; or (d) claim another person is qualified to practise in a recognised specialty in which the other person is not registered. A contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken. 120—Registered health practitioner registered on conditions (1) A registered health practitioner who is registered on conditions must not knowingly or recklessly claim, or hold himself or herself out, to be registered without the conditions or any conditions. (2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. Subdivision 2—Practice protections 121—Restricted dental acts (1) A person must not carry out a restricted dental act unless the person— (a) is registered in the dental profession or medical profession and carries out the restricted dental act in accordance with any requirements specified in an approved registration standard; or (b) is a student who carries out the restricted dental act in the course of activities undertaken as part of— (i) an approved program of study for the dental profession or medical profession; or (ii) clinical training in the dental profession or medical profession; or (c) carries out the restricted dental act in the course of carrying out technical work on the written order of a person registered in the dentists or dental prosthetists division of the dental profession; or (d) is a person, or a member of a class of persons, prescribed under a regulation as being authorised to carry out the restricted dental act or restricted dental acts generally. restricted dental act means any of the following acts— (a) performing any irreversible procedure on the human teeth or jaw or associated structures; (b) correcting malpositions of the human teeth or jaw or associated structures; (c) fitting or intra-orally adjusting artificial teeth or corrective or restorative dental appliances for a person; (d) performing any irreversible procedure on, or the giving of any treatment or advice to, a person that is preparatory to or for the purpose of fitting, inserting, adjusting, fixing, constructing, repairing or renewing artificial dentures or a restorative dental appliance. technical work means the mechanical construction or the renewal or repair of artificial dentures or restorative dental appliances. 122—Restriction on prescription of optical appliances (1) A person must not prescribe an optical appliance unless— (a) the person is an optometrist or medical practitioner; or (b) the appliance is spectacles and the person is an orthoptist who— (i) prescribes the spectacles in the course of carrying out duties at a public health facility; or (ii) prescribes the spectacles under the supervision of an optometrist or medical practitioner; or (iii) prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or (c) the person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally. optical appliance means— (a) any appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or (b) contact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight. optometrist means a person registered in the optometry profession. orthoptist means a person whose name is recorded in the Register of Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN 095 11 7 678). 123—Restriction on spinal manipulation (1) A person must not perform manipulation of the cervical spine unless the person— (a) is registered in an appropriate health profession; or (b) is a student who performs manipulation of the cervical spine in the course of activities undertaken as part of— (i) an approved program of study in an appropriate health profession; or (ii) clinical training in an appropriate health profession; or (c) is a person, or a member of a class of persons, prescribed under a regulation as being authorised to perform manipulation of the cervical spine. appropriate health profession means any of the following health professions— (a) chiropractic; (b) osteopathy; (c) medical; (d) physiotherapy. manipulation of the cervical spine means moving the joints of the cervical spine beyond a person's usual physiological range of motion using a high velocity, low amplitude thrust. 123A—Restricted birthing practices (1) A person must not carry out a restricted birthing practice unless the person— (a) is a medical practitioner; or (b) is a midwife; or (c) is a student who carries out the restricted birthing practice in the course of activities undertaken as part of— (i) an approved program of study for the medical profession or the midwifery profession; or (ii) clinical training in the medical profession or the midwifery profession; or (d) is acting under the supervision of a medical practitioner or midwife and is acting in accordance with any standards, codes or guidelines issued by the National Board established for the relevant profession; or (e) without limiting a preceding paragraph—is acting under a form of delegated authority transferred or conferred by a midwife that is recognised by the National Board established for the midwifery profession and is made in accordance with any standards, codes or guidelines issued by that National Board; or (f) is rendering assistance to a woman who is in labour or giving birth to a child, or who has given birth to a child, where the assistance is provided in an emergency. Maximum penalty: $30 000 or imprisonment for 12 months. midwife means a person registered under this Law in the midwifery profession; restricted birthing practice means an act that involves undertaking the care of a woman by managing the 3 stages (or any part of these stages) of labour or child birth and, for the purposes of this definition, the Minister may from time to time, on the joint advice of the Medical Board of Australia and the National Board established for the midwifery profession, by notice in the Gazette, specify activities that will be conclusively taken to constitute the management of any part of 1 or more of these stages of labour or child birth.