Dental Technicians and Dental Prosthetists Amendment By-law (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 432 Dental Technicians and Dental Prosthetists Act 1991 DENTAL TECHNICIANS AND DENTAL PROSTHETISTS AMENDMENT BY-LAW (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 By-law amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new Pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 3—ADVERTISING Division 1—Preliminary 7 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8 Approved logos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9 Approved professional associations . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10 Permissible advertising matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 2—Advertising 11 Advertising practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12 Advertising not to be false, misleading or deceptive . . . . . . . . . . . . 4 13 Newspapers, magazines and journals . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Classified telephone directory entries . . . . . . . . . . . . . . . . . . . . . . . . 5 15 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Obligation on members of practice . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Amendment of Pt 3 (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Amendment of s 7 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 2 s3 Dental Technicians and Dental Prosthetists No. 432, 1994 Amendment (No. 1) ˙ Short title 1. This by-law may be cited as the Dental Technicians and Dental Prosthetists Amendment By-law (No. 1) 1994 . ˙ By-law amended 2. This by-law amends the Dental Technicians and Dental Prosthetists By-law 1992 . ˙ Insertion of new Pt 3 3. After section 6— insert — ‘ PART 3—ADVERTISING ‘ Division 1—Preliminary ˙ ‘ Definitions ‘ 7. In this Part— “advertise” means advertise a practice, or advertise a person as being a dental technician or dental prosthetist, by— (a) distributing a newsletter or circular; or (b) placing an advertisement in a newspaper, magazine or journal; or (c) placing an entry in a directory; or (d) displaying a sign; or (e) using printed stationery; or (f) doing any other thing. “approved logo” for a practice means a logo approved for the practice under section 8 (Approved logos). “approved professional association” means a professional association approved under section 9 (Approved professional associations).

s3 3 s3 Dental Technicians and Dental Prosthetists No. 432, 1994 Amendment (No. 1) “practice” means— (a) a dental technology practice; or (b) a dental prosthetic practice. ˙ ‘ Approved logos ‘ 8. The Board may approve a logo for a practice if it is satisfied 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; and (d) would not adversely affect the standing of the dental technology or dental prosthetic profession. ˙ ‘ Approved professional associations ‘ 9. The Board may approve a professional association for the purposes of this Part if it is satisfied the association— (a) has an acceptable code of ethics; and (b) provides for the continuing professional education of its members. ˙ ‘ Permissible advertising matters ‘ 10.(1) The following are “permissible advertising matters” for a practice— (a) the name of the practice; (b) the following particulars for each dental technician or dental prosthetist who works in the practice— (i) name; (ii) qualifications;

s3 4 s3 Dental Technicians and Dental Prosthetists No. 432, 1994 Amendment (No. 1) (iii) the name of any approved professional association of which the dental technician or dental prosthetist is a member; (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 type of practice; (g) the fact that each person mentioned in paragraph (b) is a registered dental technician or a registered dental prosthetist; (h) the days and hours that the practice is attended; (i) an approved logo for the practice; (j) 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). ‘ Division 2—Advertising ˙ ‘ Advertising practice ‘ 11.(1) A dental technician or dental prosthetist must not advertise if the advertisement contains anything other than a permissible advertising matter. Maximum penalty—10 penalty units. ‘ (2) Subsection (1) does not apply to a dental technician or dental prosthetist while acting as a spokesperson for an approved professional association. ˙ ‘ Advertising not to be false, misleading or deceptive ‘ 12. A dental technician or dental prosthetist must not advertise in a way that— (a) is false, misleading or deceptive; or (b) is vulgar or sensational in a way that is likely to adversely affect

s3 5 s3 Dental Technicians and Dental Prosthetists No. 432, 1994 Amendment (No. 1) the standing of the dental technology or dental prosthetic profession; or (c) implies superiority for the practice over other practices; or (d) relates to anything other than the practice of dental technology or dental prosthetics. Maximum penalty—10 penalty units. ˙ ‘ Newspapers, magazines and journals ‘ 13.(1) A dental technician must not place an advertisement in a newspaper, magazine or journal that is not primarily circulated within the dental profession or an associated industry. ‘ (2) However, a dental technician may advertise for employment in any newspaper, magazine or journal. ‘ (3) A dental prosthetist may advertise in any newspaper, magazine or journal. ‘ (4) However, a dental prosthetist or dental technician must not place, in a newspaper, magazine or journal, a display advertisement that is more than 61 mm x 84.5 mm in size. Maximum penalty for subsections (1) and (4)—10 penalty units. ˙ ‘ Classified telephone directory entries ‘ 14.(1) A dental technician or dental prosthetist must not place an entry for a practice in a classified telephone directory, other than an entry specified in subsection (2). ‘ (2) The entries that may be made in a classified telephone directory are— (a) 1 entry under the alphabetical listing for persons who perform dental technical work or provide dental prosthetic services; and (b) 1 entry under the locality guide listing for persons who perform dental technical work or provide dental prosthetic services; (c) 1 entry in the form of a display advertisement, not more than

s3 6 s3 Dental Technicians and Dental Prosthetists No. 432, 1994 Amendment (No. 1) 61 mm x 84.5 mm in size, under the alphabetical listing for persons who perform dental technical work or provide dental prosthetic services. ‘ (3) A dental technician may place an advertisement in a classified telephone directory only if the advertisement states that the dental technician’s services are not available directly to the public. Maximum penalty for subsections (1) and (3)—10 penalty units. ˙ ‘ Signs ‘ 15.(1) A dental technician or dental prosthetist must not display— (a) a sign other than the signs specified in subsection (2); or (b) a sign illuminated by a light other than a stationary light of constant intensity; or (c) a sign at a place other than at or near the practice’s premises. Maximum penalty—10 penalty units. ‘ (2) The signs that may be displayed are— (a) 2 signs each with an area of not more than 15 000 cm 2 and with letters or figures not more than 30 cm high; and (b) a nameplate with an area of not more than 1 200 cm 2 and with letters or figures not more than 10 cm high; and (c) in the passageway of a building or in the concourse or mall of a shopping arcade, shopping centre or similar complex in which the premises are located— (i) if the absence of a sign would result in the premises being difficult to locate—a sign of not more than 1 800 cm 2 indicating the location of the practice; and (ii) an entry on each directory board of occupiers in the complex using letters and figures not more than the size most commonly used to display entries for other occupiers; and (d) a sign with an area of not more than 1 800 cm 2 indicating the location of car parking facilities; and

s4 7 s5 Dental Technicians and Dental Prosthetists No. 432, 1994 Amendment (No. 1) (e) a sign for each marked parking bay allocated to the practice of not more than 1 000 cm 2 . ˙ ‘ Obligation on members of practice ‘ 16. Each dental technician and dental prosthetist who is a member of a practice must ensure that appropriate procedures are in place to ensure that the practice complies with this Part. Maximum penalty—10 penalty units.’. ˙ Amendment of Pt 3 (Miscellaneous) 4. Part 3, heading— omit, insert — ‘ PART 4—MISCELLANEOUS ’. ˙ Amendment of s 7 (Fees) 5. Section 7— renumber as section 17. ENDNOTES 1. Made by the Dental Technicians and Dental Prosthetists Board on 17 November 1994. 2. Approved by the Governor in Council on 8 December 1994. 3. Notified in the Gazette on 9 December 1994. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Health. © State of Queensland 1994