Dental Acts Amendment Act of 1939 (3 Geo Vi No. 14) (Qld)

MEDICAL. 3 GEO. VI. No. 14, 1939. Dental Acts Amendment Act. 17611 MEDICAL. (1) Dental Acts Amendment Act oJ 1939 (2) MedicalAct of 1939 .. (3) Opticians Acts Amendment Act of 1939 (4) Pharmacy Acts Amendment Act of 1939 3 Geo. VI. No. 14 3 Geo. VI. No. 10 3 Geo. VI. No. 15 3 Geo. VI. No. 16 An Act to Amend" The Dental Acts, 1902 to 1935," 3 N G o 'E . O. 14 V . I. in certain particulars, and for other purposes. TBlII DENTAL ACTS AMENDMENT [ASSENTED TO 21sT NOVEMBER, 1939.] ACT OF 1939. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Dental Acts Short title. Amendment Act of 1939," and shall be read as one with *" The Dental Acts, 1902 to 1935" (being" The Dental Acts, 1902 to 1933," as amended by Parts Ill. and VII. of t" The Medical and Other Acts Amendment Act of 1933," and by section nine of t" The Dental Acts Amendment Act of 1935 " ) herein referred to as the Principal Act. The Principal Act and this Act may be collectively ~ ~ pective cited as "The Dental Acts, 1902 to 1939." tl e. Amendments of the Principal Act. 2. Section seven of the Principal Act is hereby Reseal of repealed and the following new section is inserted in lieu ~ 7. new thereof, namely:- "[7"] The Governor in Council may upon theBoar~ may recommendlttion of the Public Service Commissioner :~~:tand appoint such officers and inspectors other than the inspectors. registrar as may be deemed necessary for carrying out the provisions and objects of this Act. The salary of the registrar and of any officers and inspectors so appointed shall from time to time be determined by the Governor in Council." * 2 Edw. VII. No. 25 and amending Acts, 8upra, pages 8061 et 8eq. t 24 Geo. V. No. 31, aupra, page 14669. ~ 26 Geo. V. No. 30, aupra, 15554.

17612 MEDICAL. Dental Acts Amendment Act. 3 GEO. VI. No. 14, s R a . n e 1d p 6 e n. a e l wof repea 3 le . dSaenctdiotnhesfioxltleoewninogfntehwe sPecritniocnipsailxtAeecnt iissinhseerretbedy in lieu thereof, namely :- Power to " [16.] (1.) If any dentist is, whether before or after ~ ; ~~eto the passing of *"The Dental Acts Amendment Act of disciplinary 1939 "_. punishmer.ts. '( i.) Convicted in any part of His Majesty's Dominions or elsewhere of an indictable offence or of any other offence for which he should, in the opinion of the Board formed after due inquiry, be subjected to disciplinary punishment; or (ii.) Adjudged by the Board after due inquiry to have been guilty of misconduct in a professional respect, the Board may, according as it shall deem just under the circumstances- (a) Order his name to be erased from the register ; or (b) Order that his registration be suspended for such time as it shall specify; or (c) Order that he shall pay to the Board by way of a pecuniary penalty such sum, not exceeding fifty pounds, as it shall specify; or (d) Order him to be reprimanded. o E off x m ttee e nrm a s n io in n g "mis ( c 2 o .) ndWuictthoinutalimpriotifnegsstiohneaml reeasmpnecgt" ofathdeeenxtipsrtessshiaolnl u: miscon.. be guilty of such misconduct who-· duct in a professional respect." (i.) Was within the period of twelve months next preceding the date when he is so charged guilty of addiction to intoxicating liquor or to any deleterious drug; or (ii.) Makes use of any title or description of dental significance other than as' prescribed ; or (iii.) Is guilty of infamous conduct in a professional respect, malpractice, or unprofessional conduct or practice; or . (iv.) Conducts any surgery or any branch surgery or any other place for the practice of dentistry where he himself is not in full-time attendance thereat unless a dentist employed by him is ! * This Act.

MEDICAL. 1939. Dental Acts Amendment Act. in full-time attendance thereat for the purpose of practice and supervision during the hour!:! for which such surgery or branch surgery or other place is open for the practice of dentistry, and the name of such dentist employed by him is conspicuously posted up or indicated on the premises by means of a name-plate or other device in letters of equal dimensions to those of the name of the proprietor of such surgery or branch· surgery or other place; or (v.) Signs or gives under his name and authority any certificate, notification, report, or any document of a kindred character, signed or given by him in his capacity as a dentist for subsequent use in any court of law, or for administrative or governmental purposes, or for the pecuniary interest of himself or other person concerned, where such certificate, notification, report, or other document of a kindred character is untrue, misleading, or improper; or (vi.) Shall by his presence, countenance, advice, assistance, or co-operation knowingly enable any person other. than a dentist or other legally authorised person to attend, treat, or perform any dental operation upon a patient in respect of any matter requiring professional discretion or skill : Provided that this paragraph shall not restrict the proper training and instruction of dental students bona fide admitted to any Faculty of Dentistry in any university in Australia or the legitimate employment of dental mechanics or surgery attendants under the immediate personal supervision of the said dentist: Provided further that this paragraph shall not apply and extend so as to prohibit a dentist from utilising the services of a' dental mechanic, who conducts a dental laboratory, to make and/or repair artificial dentures and/or inlays; or (vii.) Contravenes or fails to comply with, or counsels, procures, aids, abets, or does or omits to do any act for the purpose of 17613

17614 MEDICAL. Dental Acts Amendment Act. 3 GEO. VI. No. 14, enabling any other person to contravene or fail to comply with, any act or law respecting any dangerous drug and/or any poison within the meaning of*"The Health Act of 1937" (or any amendment thereof) whether or not such contravention or failure to comply has been the subject of penal proceedings; or (viii.) Advertises, either directly or indirectly, or sanctions advertisements, or employs or sanctions the employment of agents or canvassers for the purpose of advertising by any means whatsoever otherwise than in any manner prescribed; or . I (ix.) By inference or otherwise holds himself or any other person out as medically qualified to advise on, treat, or cure any illness or disease in human beings other than a dental illness or disease, or treats any illness or disease in human beings other than a dental illness or disease, or advises human beings with respect to any illness or disease other than a dental illness or disease; or (x.) Upon obtaining information which indicates an attempted or completed crime or any illegal operation fails to advise the Director-General of Health and Medical Services by the most speedy method of correspondence, whether the same be by telephone, telegraph, or letter, of such indication of attempted or completed crime or illegal operation; or (xi.) When called upon otherwise than upon reference from a medical practitioner to render any dental treatment as a result of any wound from a cutting instrument or other weapon (not being a firearm) which he is not satisfied was accidentally incurred or to render any dental treatment as a result .of any wound from a bullet, fails to advise the Director-General of Health and Medical Services by the most speedy method of correspondence, whether the same be by telephone, telegraph, or letter; or * 1 Geo. VI. No. 31, supra, page 16597.

MEDICAL. 1939. Dental Acts Amendment Act. (xii.) In his capacity as a dentist omits to do something, or does something, which, in the opinion of the Board, has been, is, or is likely to be, dangerous to the health of the public or of any individual; or (xiii.) Shows in any other way the absence of such skill and attention as is exercised and given or may reasonably be expected according to the ruling practice of dentistry. (3.) Any pecuniary penalty ordered by the Board to be paid to it shall become due and payable forthwith or, if the Board allows time for payment thereof, immediately upon the expiration of the time so allowed. The Board may, either by the order inflicting a pecuniary penalty or by a subsequent order, suspend the registration of the dentist concerned until he shall have duly paid to it the amount of such penalty. Any pecuniary penalty shall be a debt due and owing to the Board and any amount thereof not duly paid may be recovered as such by action in a court of competent jurisdiction, but this right of action shall not prejudice the power of the Board to suspend registration for failure to duly pay the penalty. (4.) During the period of suspension specified in an order made under paragraph (b) of subsection one of this section or subsection three of this section, the name of the dentist concerned shall be deemed to be erased from the Register of Dentists; and such person for such period shall be deemed to be not registered as a dentist under this Act. (5.) In the case of an inquiry as mentioned in paragraph (i.) or paragraph (ii.) of subsection one of this section, the Board shall if so required by the dentist concerned sit as an open court, and such dentist shall be afforded an opportunity of defence either in person or by his counsel, solicitor, or agent. (6.) Any person aggrieved by an order made in his case by the Board under subsection one of this section shall, upon entering into a recognizance before a justice of the peace with or without a surety or sureties conditioned to prosecute the appeal" without delay and pay such costs as the Supreme Court shall award, have the right of appeal to the Supreme Court against such F 17615

17616 MEDICAL. Dental Acts Amendment Act. 3 GEO. VI. No. 14, 1939. order, and such appeal shall be in the nature of a re-hearing and the Board shall give effect to the decision of the Supreme Court thereon: Provided that the person concerned shall institute such appeal within six weeks after the order is made or such extended time as the Supreme Court allows. (7.) The Board may remove from the register the name of any dentist who is insane or mentally sick. (8.) Any name erased from the register under this section may be restored by the Board. Any suspension of registration may be removed by the Board: Provided that in ordering the removal of a suspension the Board shall have regard to any by-laws in that behalf. (9.) The Board may publish and/or authorise to be published in such manner as to it shall seem fit the findings and order made by it in the case of an inquiry as mentioned in paragraph (i.)· or paragraph (ii.) of subsection one of this section. Evidence (10.) Notwithstanding anything contained in any : s~ ~ : 1: c~ f Act or law, or rule or process of law, or judgment of any in a court of competent jurisdiction, the Board shall in the r p e r s o p fe e s c s t i . onal conduct of any inquiry under this section be fully authorised to receive and admit on production as evidence in the proceedings concerned the judgment and findings of the Supreme Court (or on appeal of the Full Court or Court of Criminal Appeal) whether in its civil or criminal jurisdiction in any case where such judgment and findings are in the opinion of the Board relevant: and moreover the Board shall in the conduct of such proceedings be fully authorised and entitled to receive and admit on production as evidence in the proceedings concerned a transcript of shorthand notes, duly certified as correct, of the evidence of witnesses taken in the Supreme Court, whether in its civil or criminal jurisdiction, which evidence is in the opinion of the Board relevant; and in any such case it shall not be necessary for any such witnesses, the transcript of whose evidence is so produced to the Board, to be present at the proceedings concerned. Repeal of 4. Section seventeen of the Principal Act is hereby s. 17. repealed.

MEDICAL. ,17617 3' GEO. VI. No. 10, 1939. Medical Act. amen 5 d . e d Seacsti £ o 0 n II owtws, enntaym-sei I xy : o-f the Principal Act is oAfms. en26d.ment (a) The following new paragraph (iiiA.) is inserted after paragraph (iii.) of subsection one thereof, namely:- " (iiiA.) The powers, duties, and authorities of inspectors." (b) The following new paragraph (XiiiB.) is inserted after paragraph (xiiiA.) of subsection one thereof, namely:- "(xiiiB.) Providing for and regulating the conduct of persons suspended from registration under this Act during the period of suspension; prescribing what practices by such persons shall be prohibited, and providing for and regulating applications for removal of such suspension." An Act to Consolidate and Amend the Law relating 3 N G o E . O, 10 V . I. to Medical Practitioners and the Control of the ME T D H IC E AL ACT OF Practice of Medicine, and for other purposes. 1939. [ASSENTED TO 9TH NOVEMBER, 1939.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows :- PART I.-PRELIMINARY. PABTI.- PRELWINABY. 1. This Act may be cited as "The MedicalAct of Short title. 1939." 2. This Act is divided into Parts as follows:- PART I.-PRELIMINARY (Sections 1-4)- Section I-Short Title, Section 2-Parts of Act, Section 3-Repeals and Savings, Section 4-Meanings of Terms; Parts of Act.