Chiropractors and Osteopaths Amendment By-law (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 134 Chiropractors and Osteopaths Act 1979 CHIROPRACTORS AND OSTEOPATHS AMENDMENT BY-LAW (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 By-law amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 17 (Qualifications for registration) . . . . . . . . . . . . . . . . . . 2 4 Replacement of Pts 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 4—PRACTICE Division 1—Preliminary 19 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 20 Approved logos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 21 Approved professional associations . . . . . . . . . . . . . . . . . . . . . . . . . . 3 22 Permissible advertising matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Advertising 23 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 24 Advertising by newsletter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 25 Advertising on screen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 26 Practice names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 27 Canvassing or soliciting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 28 Obligation on members of associations . . . . . . . . . . . . . . . . . . . . . . . 7

s1 2 s4 Chirpractors and Osteopaths Amendment (No. 1) No. 134, 1994 ˙ Short title 1. This by-law may be cited as the Chiropractors and Osteopaths Amendment By-law (No. 1) 1994 . ˙ By-law amended 2. This by-law amends the Chiropractors and Osteopaths By-law 1990 . ˙ Amendment of s 17 (Qualifications for registration) 3. Section 17(1)(a) and (b)— omit, insert— ‘ (a) Bachelor of Applied Science (Chiropractic) of— (i) the Phillip Institute of Technology, Melbourne; or (ii) the Royal Melbourne Institute of Technology; or (b) Bachelor of Applied Science (Osteopathy) of— (i) the Phillip Institute of Technology, Melbourne; or (ii) the Royal Melbourne Institute of Technology; or ’. ˙ Replacement of Pts 4 and 5 4. Parts 4 and 5— omit, insert— ‘PART 4—PRACTICE ‘Division 1—Preliminary ˙ ‘Definitions ‘19. In this Part — “advertise” means advertise a practice, or advertise a person as being a chiropractor and osteopath, by— (a) giving a newsletter to a person; or

s4 3 s4 Chirpractors and Osteopaths Amendment (No. 1) No. 134, 1994 (b) placing an advertisement in a newspaper; or (c) placing an entry in a directory; or (d) displaying a sign; or (e) using printed stationery; or (f) doing any other thing; “advertise on screen” means advertise by— (a) making an entry in a video directory; or (b) advertising on television; or (c) otherwise displaying an advertisement on a screen; “approved logo” for a practice means a logo approved for the practice under section 20 (Approved logos); “approved professional association” means a professional association approved under section 21 (Approved professional associations); “permissible advertising matter” means a matter mentioned in section 22 (Permissible advertising matters); “practice” means a chiropractic and osteopathy practice; “registered charity” means an association registered as a charity under the Collections Act 1966 . ˙ ‘Approved logos ‘20. The Board may approve a logo for a practice if it is satisfied that the logo— (a) is not offensive; and (b) is not misleading as to the nature of the practice; and (c) does not imply superiority for the practice over other practices. ˙ ‘Approved professional associations ‘21. The Board may approve a professional association for the purposes of this Part if it is satisfied the association—

s4 4 s4 Chirpractors and Osteopaths Amendment (No. 1) No. 134, 1994 (a) has an acceptable code of ethics; and (b) provides for the continuing professional education of its members. ˙ ‘Permissible advertising matters ‘22.(1) The following are “permissible advertising matters” for a practice— (a) the name of the practice; (b) the following particulars for each chiropractor and osteopath who works in the practice— (i) name; (ii) registered qualifications; (iii) the name (written out in full) of any approved professional association of which the chiropractor and osteopath is a member; (iv) any other competency held by the chiropractor and osteopath approved under subsection (2); (c) the business address of the practice; (d) the places where the practice is carried on; (e) the telephone numbers of the practice (including any after hours number); (f) the fact that it is a chiropractic and osteopathy practice or that each person mentioned in paragraph (b) is a chiropractor and osteopath; (g) the days and hours the practice is attended; (h) an approved logo for the practice; (i) a matter required to be included in an advertisement by another law (for example, information required by the Corporations Law to appear on the practice’s stationery).

s4 5 s4 Chirpractors and Osteopaths Amendment (No. 1) No. 134, 1994 ‘(2) The Board may approve, as a permissible advertising matter for a practice, a specified competency held by a chiropractor and osteopath who works in the practice. Examples— • qualifications other than registered qualifications • training successfully completed • an area of specialty. ‘(3) The Board must ensure that its criteria for approving a competency of a particular description (for example, that a person is a specialist in an area) are consistently applied. ‘Division 2—Advertising ˙ ‘Advertising ‘23.(1) A chiropractor and osteopath must not advertise if the advertisement contains anything other than a permissible advertising matter. Maximum penalty—25 penalty units. ‘(2) Subsection (1) does not apply to a chiropractor and osteopath while— (a) acting as a spokesperson for an approved professional association; or (b) acting for a registered charity. ‘(3) Subsection (1) is subject to section 24 (Advertising by newsletter). ˙ ‘Advertising by newsletter ‘24.(1) A chiropractor and osteopath must not give a newsletter to a person other than— (a) a patient of the practice; or (b) a chiropractor and osteopath; or (c) a medical practitioner; or

s4 6 s4 Chirpractors and Osteopaths Amendment (No. 1) No. 134, 1994 (d) a physiotherapist; or (e) a person who has requested the newsletter. Maximum penalty—25 penalty units. ‘(2) A chiropractor and osteopath must not give to a person a newsletter that— (a) is false, misleading or deceptive; or (b) is vulgar or sensational in a way that is likely to adversely affect the standing of the chiropractic and osteopathy professions; or (c) claims or implies superiority for the chiropractor and osteopath or the practice over other chiropractors and osteopaths or practices; or (d) denigrates other professions; or (e) contains an endorsement or testimonial about the chiropractor and osteopath or the practice. Maximum penalty—25 penalty units. ‘(3) Section 23(1) (Advertising) does not apply to a chiropractor and osteopath who gives a newsletter to a person in compliance with this section. ˙ ‘Advertising on screen ‘25. A chiropractor and osteopath must not advertise on screen unless the advertisement consists only of a single screen image. Maximum penalty—25 penalty units. Example— This section would allow permissible advertising matters for a practice to be displayed by a single image on a television screen, but not by a moving picture. ˙ ‘Practice names ‘26.(1) A chiropractor and osteopath must not practice under a name other than—

s4 7 s4 Chirpractors and Osteopaths Amendment (No. 1) No. 134, 1994 (a) the name of the chiropractor and osteopath; or (b) if the chiropractor and osteopath practices as a member of a partnership and the name of the partnership consists only of the names of its members or former members—the name of the partnership; or (c) a name approved by the Board. Maximum penalty—25 penalty units. ‘(2) The Board may approve a name for a practice if it is satisfied that the name— (a) is not offensive; and (b) is not misleading as to the persons working in the practice or the nature of the practice; and (c) does not imply superiority for the practice over other practices. ˙ ‘Canvassing or soliciting ‘27.(1) A chiropractor and osteopath must not— (a) canvass or solicit business as a chiropractor and osteopath; or (b) allow a person to canvass or solicit business on behalf of the chiropractor and osteopath. Maximum penalty—25 penalty units. ‘(2) In subsection (1)— “solicit” includes offer an inducement to use a particular chiropractor and osteopath. ˙ ‘Obligation on members of associations ‘28.(1) Each member of an association of persons engaged in the practice of chiropractic and osteopathy must ensure that appropriate procedures are in place to ensure this by-law is complied with. Maximum penalty—25 penalty units.

s4 8 s4 Chirpractors and Osteopaths Amendment (No. 1) No. 134, 1994 ‘(2) In this section— “member” has the meaning given by section 25A of the Act. ’. ENDNOTES 1. Made by the Chiropractors and Osteopaths Board of Queensland on 14 March 1994. 2. Approved by the Governor in Council on 14 April 1994. 3. Notified in the Gazette on 15 April 1994. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Health. © State of Queensland 1994