Health Professionals Amendment Regulation 2007 (No 1) (ACT)
Health Professionals Amendment Regulation 2007 (No 1)
Subordinate Law SL2007-1
The Australian Capital Territory Executive makes the following regulation under the Health Professionals Act 2004.
Dated 23 December 2006.
Katy Gallagher
Minister
Andrew Barr
Minister
Health Professionals Amendment Regulation 2007 (No 1)
Subordinate Law SL2007-1
made under the
Health Professionals Act 2004
Contents
Page
Name of regulation 1
Commencement 1
Legislation amended 1
New section 3A 1
New section 21 (2) 2
Section 112 2
Section 114 5
New section 115 (1) (aa) 6
New section 115 (1A) 7
New section 115A 7
New section 129 (2) 8
Schedule 1 8
Schedule 2, new note 10
Schedule 2, new section 2.1A 10
Schedule 2, section 2.2 (1) (b) 11
Schedule 2, section 2.3 11
Schedule 2, section 2.4, table 2.4, item 7 11
Schedule 2, section 2.4, table 2.4, item 11 11
Schedule 2, section 2.4, table 2.4, new item 11B 12
Schedule 2, section 2.5 12
Schedule 2, section 2.7 (2) 14
Schedule 2, sections 2.8 to 2.10 14
Schedule 2, further amendments, mentions of medical board 16
Schedule 3, new note 16
Schedule 3, section 3.1, definition of enrolled nurse 17
Schedule 3, section 3.1, definition of nurse practitioner 17
Schedule 3, section 3.6 17
Schedule 3, section 3.7 (2) and (4) 17
Schedule 3, section 3.8 18
Schedule 3, sections 3.10 and 3.11 19
Schedule 3, sections 3.12 (2) (a) and 3.13 (4) (b) 19
Schedule 4, new note 19
Schedule 4, section 4.1, new definition of midwife 20
Schedule 4, sections 4.5 and 4.6 20
Schedule 4, sections 4.8 and 4.9 21
Schedule 4, sections 4.10 (2) (a) and 4.11 (2) (b) 22
New schedules 5 to 12 22
Schedule 13 86
Schedule 14 92
Dictionary, note 2 98
Health Professionals Amendment Regulation 2005 (No 1) 98
Name of regulation
This regulation is the Health Professionals Amendment Regulation 2007 (No 1).
Commencement
(1)Section 41 commences on 7 January 2007.
(2)The remaining provisions commence on 9 January 2007.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This regulation amends the Health Professionals Regulation 2004.
NoteThis regulation also amends the Health Professionals Amendment Regulation 2005 (No 1) (see s 41).
New section 3A
insert
3AOffences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
New section 21 (2)
insert
(2)The executive officer of a health profession board may delegate a function given to the officer under a territory law to a public servant, including the registrar of the board.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Section 112
substitute
Application for registration—Act, s 37 (5) (a)
(1)An application by a person for registration as a health professional must contain the following:
(a)the person’s name;
(b)the name used by the person, or intended to be used by the person, when practising the profession if different from the person’s name;
(c)if the person has previously practised the profession—any other name used by the person when practising the profession;
(d)the person’s business address, or intended business address;
(e)the person’s postal address;
(f)if the person is an individual—each of the following:
(i)the person’s date of birth;
(ii)a recent passport-size photograph of the applicant’s head and shoulders, signed by a person before whom a statutory declaration may be made;
(iii)a statutory declaration stating that the applicant’s right to practise as a health professional in the territory or anywhere else is not suspended and has not been cancelled;
(iv)evidence of the person’s qualifications, including relevant training undertaken;
(g)if the person has been refused registration, or the person’s registration has been cancelled—details of the refusal or cancellation;
(h)if the person has been refused registration (however described) as a health professional, or the person’s registration as a health professional has been cancelled, under a corresponding law of a local jurisdiction—details of the refusal or cancellation;
(i)if the person is a corporation—the information required in paragraphs (d) to (h) for each director of the corporation;
(j)anything else prescribed in the schedule for the health profession.
Note 1A fee may be determined under the Act, s 132 for this section.
Note 2If a form is approved under s 157C for this provision, the form must be used.
Note 3The Statutory Declarations Act 1959 (Cwlth), s 8 requires a statutory declaration to be made before a prescribed person. The Statutory Declaration Regulations 1993 (Cwlth) prescribes people for that section.
Note 4Section 115 requires the board to take into account a person’s convictions when considering whether the person is competent to practise a health profession.
Note 5A corporation may be allowed to apply to be registered as a health profession if a regulation allows a corporation to be registered in the health profession—see Act, s 37 (2).
(2)If an applicant is currently registered (however described) in a local jurisdiction or outside Australia, the application must also include—
(a)the original, or a certified copy, of the applicant’s current registration certificate (however described); and
(b)if required by the board—a statutory declaration to the effect that the applicant has asked the regulatory authority responsible for the registration of the health profession in the place where the applicant is registered for a certificate of standing about the applicant to be given to the board.
(3)Also, an individual applicant must personally provide to the board 100 points of evidence of identity as prescribed under the Financial Transaction Reports Regulations 1990 (Cwlth) for general verification.
Example
presentation of a combination of a passport or citizenship certificate or photographic licence (such as a drivers licence), with a social security card, employment ID, a letter from an employer, credit or debit card or Medicare card
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4)In this section:
certificate of standing about an individual applicant, given by a regulatory authority of a place, means a certificate stating—
(a)that the applicant is registered in the place; and
NoteRegister, a person, includes enrol the person (see Act, dict).
(b)whether any condition or restriction applies to the applicant’s registration; and
(c)if a condition or restriction applies to the registration—the condition or restriction; and
(d)whether any disciplinary action has been taken in relation to the applicant.
Section 114
substitute
Suitability to practise requirements
(1)An individual is suitable to practise in a health profession, or a specialist area of the profession, if the individual—
(a)has the qualifications for the health profession or specialist area set out in the schedule for the health profession; and
(b)has successfully completed training (which may include an internship) set out in the schedule for the health profession or specialist area; and
(c)is generally competent.
Note 1General competence is dealt with in s 115.
Note 2An individual is also suitable to practise in a health profession if the individual is unconditionally registered in another jurisdiction and is entitled to be registered in the ACT under the Mutual Recognition Act 1992 (Cwlth) or the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).
(2)For subsection (1) (b), the schedule for the health profession may require the training to have been completed within a stated time before the application for registration.
(3)Unless the schedule for a health profession otherwise provides, a corporation is suitable to practise the health profession, or a specialist area of the health profession, if each director of the corporation is suitable to practise the health profession or specialist area of the health profession.
New section 115 (1) (aa)
insert
(aa)whether the person has communication skills that allow the person to practise the profession effectively without endangering patients;
NoteUnder the Act, s 37 (1) (b), the person must have knowledge of written and spoken English that is adequate to allow the person to practise in a health profession.
New section 115 (1A)
insert
(1A)Unless the schedule for a health profession otherwise provides, a health profession board, in deciding whether a corporation is generally competent in relation to a profession, must consider the matters in subsection (1) (a) to (d) in relation to each director of the corporation.
New section 115A
insert
115AShort-term registration—Act, s 37 (5) (b)
(1)On application by an individual under section 112, the executive officer of a health profession board may, on behalf of the board, register the individual if satisfied that—
(a)if the board were to consider the individual’s application, it would—
(i)register the individual unconditionally; or
(ii)register the individual conditionally because the person would be entitled to apply for unconditional registration if a degree or award to which the person is entitled had been conferred or granted by the institution concerned; and
(b)it is appropriate to conditionally register the person because the board will not meet to consider the application soon.
(2)Registration under this section is subject to—
(a)the condition that it ends on the earlier of—
(i)the day the health profession board decides the application for registration; or
(ii)the day 3 months after the day the executive officer registers the individual under this section; and
(b)any other condition the executive officer considers appropriate.
(3)However, if the health profession board decides to register the individual, the registration is taken to have started on the day the executive officer of the board conditionally registered the individual.
New section 129 (2)
insert
(2)Unless the schedule for a health profession otherwise provides, a corporation must ensure that each director of the corporation remains suitable to practise the profession in which the corporation is registered.
Schedule 1
substitute
Schedule 1Regulated professions
(see s 4)
| column 1 item | column 2 health profession board | column 3 health profession | column 4 relevant schedule |
| 1 | ACT Medical Board | medical practitioners | 2 |
| 2 | ACT Nursing and Midwifery Board | nurses | 3 |
| 3 | ACT Nursing and Midwifery Board | midwives | 4 |
| 4 | ACT Pharmacy Board | pharmacists | 5 |
| 5 | ACT Dental Board | dentists, dental hygienists and dental therapists | 6 |
| 6 | ACT Psychologists Board | psychologists | 7 |
| 7 | ACT Dental Technicians and Dental Prosthetists Board | dental technicians and dental prosthetists | 8 |
| 8 | ACT Podiatrists Board | podiatrists | 9 |
| 9 | ACT Physiotherapists Board | physiotherapists | 10 |
| 10 | ACT Optometrists Board | optometrists | 11 |
| 11 | ACT Veterinary Surgeons Board | veterinary surgeons | 12 |
| 12 | ACT Chiropractors and Osteopaths Board | chiropractors | 13 |
| 13 | ACT Chiropractors and Osteopaths Board | osteopaths | 14 |
| 14 | ACT Medical Radiation Scientists Board | medical radiation scientists | 15 |
Schedule 2, new note
insert
Note to sch 2
The Act and Regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:
· under the Act, s 37 (1) (b), an applicant must have a knowledge of written and spoken English that is adequate to allow the person to practise
· under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
· under s 112, certain matters must be included in an application for registration
· under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
(a)whether the person is mentally and physically well enough to practise; and
(b)whether the person has communication skills that allow the person to practise effectively without endangering patients; and
(c)whether the person has an addiction to alcohol, another drug or another substance that may affect the person’s ability to practise; and
(d)whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
(e)whether the person’s experience is recent and sufficient to allow the person to practise.
Schedule 2, new section 2.1A
before section 2.1, insert
2.1ADefinitions—sch 2
In this schedule:
board means the ACT Medical Board.
medical practitioner means an individual registered as a medical practitioner under this schedule.
regulatory authority means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate medical practitioners in the jurisdiction or place.
NoteA local jurisdiction is a State or New Zealand (see Act, dict).
Schedule 2, section 2.2 (1) (b)
substitute
(b)have successfully completed a period of supervised training approved by the board.
NoteUnder s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
Schedule 2, section 2.3
omit
Schedule 2, section 2.4, table 2.4, item 7
substitute
| 7 | general practice | Fellowship of Royal Australian College of General Practice (FRACGP) |
Schedule 2, section 2.4, table 2.4, item 11
substitute
| 11 | ophthalmology | Fellowship of Royal Australian and New Zealand College of Ophthalmologists (FRANZCO) |
Schedule 2, section 2.4, table 2.4, new item 11B
insert
| 11B | palliative medicine | Fellowship of Royal Australasian College of Physicians (FRACP) Fellowship of Australasian Chapter of Palliative Medicine (FAChPM) |
Schedule 2, section 2.5
substitute
2.5Maintenance and demonstration of professional development, continued competence and recency of practice for medical practitioners—Act, s 23 (d)
(1)To demonstrate adequate professional development at the time of application for registration as a medical practitioner, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant attended and satisfactorily completed a training program approved by the board; or
(b)that the applicant is undertaking, and making satisfactory progress towards completing, a program of continuing medical education approved by the board and provided by an Australian medical college; or
(c)that the applicant has undertaken professional development activities; or
(d)that otherwise demonstrates professional development that the board considers adequate.
(2)To demonstrate continuing competence at the time of application for registration as a medical practitioner, the applicant must, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.
(3)To demonstrate recency of practice at the time of application for registration as a medical practitioner, the applicant must, if required by the board, give the board—
(a)written evidence that the applicant has practised as a medical practitioner for an average of at least 8 hours each week in the 5 years before the day the application is made; or
(b)written evidence that the applicant has attended and satisfactorily completed a refresher course approved in writing by the board; or
(c)for medical practitioners who are not members of an Australian medical college—written evidence of satisfactory progress in an education program approved in writing by the board; or
(d)other written evidence that demonstrates the applicant’s recency of practice.
Example
At renewal, Mary includes in her application evidence that, during the year, she has earned 4 points towards a continuing medical education package accredited by the board.
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4)In this section:
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for medical practitioners developed or endorsed under section 131.
NoteRegister, a person, includes renew the person’s registration (see Act, dict).
Schedule 2, section 2.7 (2)
substitute
(2)However, subsection (1) does not apply to a medical practitioner if the medical practitioner—
(a)is covered by medical indemnity insurance (the other insurance) other than insurance maintained by the medical practitioner; and
(b)only practises as a medical practitioner while covered by the other insurance.
Schedule 2, sections 2.8 to 2.10
substitute
2.8Application requirements—Act, s 37 (5) (a)
An application for registration as a medical practitioner must be accompanied by each of the following:
(a)unless the board exempts the applicant in writing, the original certificate, issued not more than 6 months before the day the application is made, by the Australian Federal Police describing the applicant’s criminal history (if any);
(b)if the application is for conditional registration in the public interest because the applicant believes the applicant is someone mentioned in section 117 (1) (c) or (g)—evidence from a medical college that the training the applicant proposes to undertake is appropriate for the applicant;
(c)if the application is for conditional registration in the public interest because the applicant believes the applicant is someone mentioned in section 117 (1) (d)—evidence that the applicant is an applicant for, or has enrolled in, an examination required under the Act;
(d)if the application is for conditional registration under section 117 (1) (e)—a letter of offer from the applicant’s prospective employer stating the conditions of employment and giving the name of the applicant’s proposed supervisor;
(e)if the application is for conditional registration in the public interest because the applicant believes the applicant is someone mentioned in section 117 (1) (f)—
(i)a certificate from the chief executive stating that the position to be filled by the applicant is in an area of unmet need; and
(ii)a letter of offer from the applicant’s prospective employer stating the conditions of employment and giving the name of the applicant’s proposed supervisor.
2.9Conditional registration of student medical practitioners—Act, s 37 (5) (b)
(1)The board may register an individual as a medical practitioner if satisfied that the individual is undertaking, or about to undertake—
(a)medical study at a medical school in the ACT accredited by the Australian Medical Council; or
(b)a clinical placement in the ACT arranged by an educational institution, whether or not the placement is for a course accredited by the Australian Medical Council.
(2)Registration in accordance with this section is subject to the condition that the individual only practises as a medical practitioner—
(a)as part of the study or placement; and
(b)under the supervision of a medical practitioner whose registration entitles the practitioner to practise medicine without supervision.
(3)The board may impose any other condition on the registration of the individual that it considers appropriate.
(4)The board must not determine a fee for registration under this section.
Schedule 2, further amendments, mentions of medical board
omit
medical board
substitute
board
in
· section 2.2 (2) (a)
· section 2.4 (4) (b)
· section 2.6 (1)
· section 2.7 (1)
· section 2.11
· section 2.12
Schedule 3, new note
insert
Note to sch 3
The Act and Regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:
· under the Act, s 37 (1) (b), an applicant must have a knowledge of written and spoken English that is adequate to allow the person to practise
· under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
· under s 112, certain matters must be included in an application for registration
· under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
(a)whether the person is mentally and physically well enough to practise; and
(b)whether the person has communication skills that allow the person to practise effectively without endangering patients; and
(c)whether the person has an addiction to alcohol, another drug or another substance that may affect the person’s ability to practise; and
(d)whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
(e)whether the person’s experience is recent and sufficient to allow the person to practise.
Schedule 3, section 3.1, definition of enrolled nurse
substitute
enrolled nurse means a nurse who is enrolled in accordance with this schedule.
Schedule 3, section 3.1, definition of nurse practitioner
substitute
nurse practitioner means a nurse registered in the specialist area of nurse practitioner.
Schedule 3, section 3.6
omit
Schedule 3, section 3.7 (2) and (4)
omit
specialty
substitute
specialist
Schedule 3, section 3.8
substitute
3.8Maintenance and demonstration of professional development, continued competence and recency of practice for nurses—Act, s 23 (d)
(1)To demonstrate adequate professional development at the time of application for registration or enrolment as a nurse, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant attended and satisfactorily completed a training program approved by the board; or
(b)that the applicant has undertaken at least 30 hours of professional development activities during the period of 3 years ending on the day the applicant applied for registration or enrolment; or
(c)that the applicant has otherwise demonstrated professional development the board considers appropriate.
(2)To demonstrate continuing competence at the time of application for registration or enrolment as a nurse, the applicant must, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.
(3)To demonstrate recency of practice at the time of application for registration or enrolment as a nurse, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant has practised as a nurse within the period of 5 years ending on the day the application is made; or
(b)that the applicant attended and satisfactorily completed a training course approved by the board; or
(c)that otherwise demonstrates recency of practice that the board considers adequate.
(4)In this section:
enrolment includes renewal of enrolment.
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for nurses developed or endorsed under section 131.
registration includes renewal of registration.
NoteFor application requirements, see s 112.
Schedule 3, sections 3.10 and 3.11
omit
Schedule 3, sections 3.12 (2) (a) and 3.13 (4) (b)
after
registered nurse
insert
whose registration entitles the registered nurse to practise nursing without supervision
Schedule 4, new note
insert
Note to sch 4
The Act and Regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:
· under the Act, s 37 (1) (b), an applicant must have a knowledge of written and spoken English that is adequate to allow the person to practise
· under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
· under s 112, certain matters must be included in an application for registration
· under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
(a)whether the person is mentally and physically well enough to practise; and
(b)whether the person has communication skills that allow the person to practise effectively without endangering patients; and
(c)whether the person has an addiction to alcohol, another drug or another substance that may affect the person’s ability to practise; and
(d)whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
(e)whether the person’s experience is recent and sufficient to allow the person to practise.
Schedule 4, section 4.1, new definition of midwife
insert
midwife means an individual who is registered as a midwife under this schedule.
Schedule 4, sections 4.5 and 4.6
substitute
4.5Maintenance and demonstration of professional development, continued competence and recency of practice for midwives—Act, s 23 (d)
(1)To demonstrate adequate professional development at the time of application for registration as a midwife, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant attended and satisfactorily completed a training program approved by the board; or
(b)that the applicant has undertaken at least 30 hours of professional development activities during the period of 3 years ending on the day the applicant applied for registration or enrolment; or
(c)that the applicant has otherwise demonstrated professional development the board considers appropriate.
(2)To demonstrate continuing competence at the time of application for registration as a midwife, the applicant must, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.
(3)To demonstrate recency of practice at the time of application for registration as a midwife, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant has practised as a midwife within the period of 5 years ending on the day the application is made; or
(b)that the applicant attended and satisfactorily completed a training course approved by the board; or
(c)that otherwise demonstrates recency of practice that the board considers adequate.
(4)In this section:
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for midwives developed or endorsed under section 131.
Note 1Register, a person, includes renew the person’s registration (see Act, dict).
Note 2For application requirements, see s 112.
Schedule 4, sections 4.8 and 4.9
omit
Schedule 4, sections 4.10 (2) (a) and 4.11 (2) (b)
after
midwife
insert
whose registration entitles the midwife to practise midwifery without supervision
New schedules 5 to 12
insert
Schedule 5Pharmacists
(see s 4 and sch 1)
Note to sch 5
The Act and Regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:
· under the Act, s 37 (1) (b), an applicant who is an individual must have a knowledge of written and spoken English that is adequate to allow the person to practise
· under the Act, s 37 (1) (c), if an applicant is a corporation, each individual who will be providing health services on behalf of the corporation must have knowledge of written and spoken English that is adequate to allow the individual to practise in the profession on behalf of the corporation
· under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
· under s 112, certain matters must be included in an application for registration
· under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
(a)whether the person is mentally and physically well enough to practise; and
(b)whether the person has communication skills that allow the person to practise effectively without endangering patients; and
(c)whether the person has an addiction to alcohol, another drug or another substance that may affect the person’s ability to practise; and
(d)whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
(e)whether the person’s experience is recent and sufficient to allow the person to practise.
5.1Definitions—sch 5
In this schedule:
board means the ACT Pharmacy Board.
close relative, of a pharmacist, means a domestic partner, parent, child or grandchild of the pharmacist.
NoteFor the meaning of domestic partner, see the Legislation Act, s 169.
community pharmacy means a pharmacy at a place other than an institution.
institution means a correctional centre, hospital or residential care facility.
pharmacist means a person registered as a pharmacist under this schedule.
pharmacy means premises where a pharmacist practises as a pharmacist.
regulatory authority means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate pharmacy in the jurisdiction or place.
NoteA local jurisdiction is a State or New Zealand (see Act, dict).
residential care—see the Aged Care Act 1997 (Cwlth), section 41-3 (Meaning of residential care).
residential care facility means a residential facility that provides residential care to residents at the facility.
5.2Restriction on pharmacy premises—supermarkets
(1)To protect the public, a pharmacist must not operate or practise in a community pharmacy inside, or partly inside, premises being used as a supermarket.
(2)In this section:
supermarket means a large shop selling food and other household items where the selection of goods is organised on a self-serve basis.
NoteThis definition is the same as the definition of supermarket in the territory plan.
5.3Standard of premises
(1)To protect the public, premises where a pharmacist operates a community pharmacy must—
(a)be under the direct, personal control of a pharmacist; and
(b)have direct access, or through access, to the premises; and
(c)comply with standards approved under subsection (2).
(2)The board may approve standards about premises for community pharmacies for subsection (1) (c).
(3)A pharmacist must comply with any standard approved under this section.
NoteUnder s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
(4)In this section:
through access, to premises, means access to the premises through the public area of a shopping centre, mall, plaza or health centre.
5.4General area of operation of pharmacy profession—Act, s 22 (1) (a)
(1)The practice of pharmacy involves—
(a)dispensing medicine; and
(b)formulating and preparing medicine; and
(c)supplying medicine and health-related products; and
(d)giving advice and information about medicines.
Example—par (c)
first aid items; medical devices; inhalers for people with asthma
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)In particular, the practice of pharmacy includes the following:
(a)dispensing prescription and non-prescription medicines;
(b)providing health-related products;
(c)formulating and compounding medicines;
(d)conducting medication reviews;
(e)diagnosing minor health conditions, giving advice on health care matters that do not require a doctor’s advice and referring people to other health professionals if they require other advice;
(f)prescribing medicines that do not require a prescription from a medical practitioner;
(g)ensuring the correct use of medicines and health-related products;
(h)providing clinical testing services in pharmacies for health monitoring;
(i)conducting research in relation to medicines, including interpreting medicinal data;
(j)regulating pharmacy practices, policies and procedures;
(k)educating and training other people in pharmacy practice.
(3)To remove any doubt, a person also practises as a pharmacist if the person—
(a)owns a pharmacy; or
(b)practises pharmacy (see subsections (1) and (2)) as part of a business other than the business of operating a pharmacy.
(4)However, a person is not practising as a pharmacist if the person has applied under section 5.14 (Operation of pharmacy on death of pharmacist) for permission to operate a pharmacy and the application has not been refused.
(5)In this section:
sell includes each of the following:
(a)offer or expose for sale;
(b)barter (or offer or expose for barter);
(c)exchange (or offer or expose for exchange);
(d)have in possession for sale.
supply—
(a)includes each of the following:
(i)offer to supply;
(ii)supply for value (or offer or expose to supply for value);
(iii)supply for free (or offer or expose to supply for free);
(iv)sell;
(v)dispense; but
(b)does not include administer.
5.5Qualifications as suitability to practise for individual pharmacists—Act, s 23 (a)
(1)To practise as a pharmacist, an individual—
(a)must—
(i)be a graduate of a course of education in pharmacy offered in the ACT or a local jurisdiction that is accredited by COPRA or approved by the board or the regulatory authority of a local jurisdiction; and
NoteUnder s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
(ii)have completed training in the ACT or a local jurisdiction that is accredited by COPRA or approved by the board or the regulatory authority of a local jurisdiction; or
(b) must—
(i)have completed a program in pharmacy offered by APEC; and
(ii)have a certificate issued by APEC that certifies that the person has satisfied the requirements of APEC to practise as a pharmacist.
(2)In this section:
APEC means the Australian Pharmacy Examining Council Incorporated.
COPRA means the Council of Pharmacy Registering Authorities.
5.6Qualifications as suitability to practise as corporate pharmacist—Act, s 23 (a)
To practise as a pharmacist, a corporation must—
(a)have the board’s written approval to practise as a pharmacist; and
(b)have a constitution that provides that—
(i)the object of the corporation is to practise as a pharmacist; and
(ii)only an individual who is a pharmacist may be a director; and
(iii)a director can not be a director of another incorporated pharmacist without the written consent of the board; and
(iv)all voting rights exercisable at a general meeting of the corporation are exercisable only by or on behalf of pharmacists who are directors or employees of the corporation; and
(v)a shareholder in the corporation must be either a pharmacist or a close relative of a shareholder; and
(c)have a constitution that ensures that each share in the corporation is beneficially owned by—
(i)a pharmacist who is a director or employee of the corporation; or
(ii)a close relative of a person mentioned in subparagraph (i); and
(d)for a corporation that is to practise pharmacy as a trustee—only be a party to a trust deed that relates to the corporation’s practice as a pharmacist if—
(i)the deed provides that all beneficiaries are to be pharmacists who are directors or employees of the corporation or close relatives of the pharmacists; and
(ii)the proposed trust deed has been approved in writing by the board; and
(e)have a constitution that is appropriate to a corporation formed to practise as a pharmacist.
5.7Maintenance and demonstration of professional development, continued competence and recency of practice for individual pharmacists—Act, s 23 (d)
(1)To demonstrate adequate professional development at the time of application for registration as an individual pharmacist, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant attended and satisfactorily completed a training program approved by the board; or
(b)that the applicant has undertaken professional development activities; or
(c)that the applicant otherwise demonstrates professional development the board considers adequate.
(2)To demonstrate continuing competence at the time of application for registration as an individual pharmacist, the applicant must, if required by the board, give the board written evidence—
(a)of the applicant’s competence assessed against the board’s standards statement; or
(b)that the applicant otherwise demonstrates continuing competence the board considers satisfactory.
(3)To demonstrate recency of practice at the time of application for registration as an individual pharmacist, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant has practised as a pharmacist in the 5 years before the day the application is made; or
(b)that the applicant attended and satisfactorily completed a training course approved by the board; or
(c)that otherwise demonstrates recency of practice that the board considers adequate.
(4)In this section:
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for pharmacists developed or endorsed under section 131.
Note 1Register, a person, includes renew the person’s registration (see Act, dict).
Note 2For application requirements, see s 112.
5.8Board membership—Act, s 24
(1)The board is made up of the president and the following individuals:
(a)3 elected members;
(b)5 appointed members, 2 of whom are community representatives.
(2)One of the community representatives must be a lawyer who has been a lawyer for a continuous period of at least 5 years before the day of appointment.
5.9Required insurance policy—Act, s 37 (1) (d)
(1)A pharmacist must maintain a policy of professional indemnity insurance at a level approved by the board.
(2)However, subsection (1) does not apply to a pharmacist if the pharmacist —
(a)is covered by professional indemnity insurance (the other insurance) other than insurance maintained by the pharmacist; and
(b)only practises as a pharmacist while covered by the other insurance.
5.10Conditional registration of pharmacists with unapproved qualifications—Act, s 37 (5) (b)
(1)The board may register an individual as a pharmacist if satisfied that the individual—
(a)is a graduate of a course of education or training in pharmacy that is not approved under section 5.5 (Qualifications as suitability to practise for individual pharmacists—Act, s 23 (a)); and
(b)needs to be registered to do 1 or both of the following:
(i)undertake further education or training approved by the board to achieve the standard required of pharmacists in the ACT;
(ii)undergo a period of practice as a pharmacist under the supervision of a pharmacist to allow the individual to become registered in the ACT.
(2)Registration in accordance with this section is subject to the condition that the individual only practises pharmacy—
(a)under the supervision of a pharmacist whose registration entitles the pharmacist to practise pharmacy without supervision; and
(b)if the individual needs to undertake further education—as part of the education.
(3)The board may impose any other condition on the registration of the individual that it considers appropriate.
5.11Conditional registration for pharmacists who want to teach etc—Act, s 37 (5) (b)
(1)This section applies if—
(a)an individual has applied for registration as a pharmacist; and
(b)the individual needs to be registered to take up a teaching or research position.
(2)The board may register the individual if—
(a)satisfied that the individual has qualifications the board considers appropriate for the position the individual intends to take up; and
(b)the individual provides a letter of offer from the individual’s prospective employer stating the conditions of employment and giving the name of the individual’s proposed supervisor.
(3)The board may impose any condition on the registration of the individual that it considers appropriate.
5.12Conditional registration for non-practising pharmacists—Act, s 37 (5) (b)
(1)This section applies if—
(a)a person has applied for registration as a pharmacist; and
(b)the board is satisfied that the person does not intend to practise pharmacy, whether or not because the person is retired.
(2)The board may register the person on condition that the person must not practise as a pharmacist.
5.13Conditional registration not limited
This schedule does not limit when a pharmacist may be conditionally registered or the conditions that may be imposed on registration.
5.14Operation of pharmacy on death of pharmacist
(1)This section applies if—
(a)a pharmacist dies; and
(b)at the time of the pharmacist’s death, the pharmacist was operating a pharmacy.
(2)A person who is an executor of the estate, or a close relative, of the pharmacist, but who is not qualified to be a pharmacist, may apply for permission to operate the pharmacy.
(3)The board may allow the person to operate the pharmacy for not longer than 12 months to allow for the sale or disposal of the pharmacy on the condition that the pharmacy is under the direct, personal control of a pharmacist at all times when the pharmacy is being operated.
5.15Registration end date—regulation, s 120 (b) (i) and s 121 (c)
The registration end date for a certificate of registration is 31 October following registration.
Schedule 6Dentists, dental hygienists and dental therapists
(see s 4 and sch 1)
Note to sch 6
The Act and Regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:
· under the Act, s 37 (1) (b), an applicant must have a knowledge of written and spoken English that is adequate to allow the person to practise
· under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
· under s 112, certain matters must be included in an application for registration
· under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
(a)whether the person is mentally and physically well enough to practise; and
(b)whether the person has communication skills that allow the person to practise effectively without endangering patients; and
(c)whether the person has an addiction to alcohol, another drug or another substance that may affect the person’s ability to practise; and
(d)whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
(e)whether the person’s experience is recent and sufficient to allow the person to practise.
6.1Definitions—sch 6
In this schedule:
board means the ACT Dental Board.
dental care provider means—
(a)a dentist; or
(b)a dental hygienist; or
(c)a dental therapist.
dental hygienist means an individual who is registered as a dental hygienist under this schedule.
dental procedure means—
(a)a general dental procedure; or
(b)a dentist procedure;
dental therapist means an individual who is registered as a dental therapist under this schedule.
dentist means an individual who is registered as a dentist under this schedule.
dentist procedure—each of the following is a dentist procedure when carried out by a dentist:
(a)providing a technical or professional service for the dental care or treatment of a patient, whether or not in support of another dental service;
(b)prescribing and administering drugs or medicine for a dental examination or treatment;
(c)supplying a dental prosthesis to a patient or renewing or maintaining a dental prosthesis;
(d)a procedure that a dental hygienist can carry out under the supervision of a dentist, whether carried out under supervision or otherwise;
(e)a procedure that a dental therapist can carry out under the supervision of a dentist, whether carried out under supervision or otherwise.
general dental procedure —each of the following is a general dental procedure when carried out by a dental care provider:
(a)applying a topical preparation to a patient;
(b)applying a local anaesthetic to a patient;
(c)giving information about a service or treatment relating to dental care;
(d)providing diagnostic and recording services (including radiography) if the service relates to a dental procedure;
(e)removing plaque (including calculus) from a patient’s teeth;
(f)enamel shaping of a patient’s tooth;
(g)polishing a patient’s teeth;
(h)placing fissure sealants on a patient’s teeth.
regulatory authority means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate the dental profession in the jurisdiction or place.
NoteA local jurisdiction is a State or New Zealand (see Act, dict).
under the supervision of a dentist, for a procedure carried out by a dental hygienist or dental therapist, means under the direct or indirect supervision of a dentist as required by a standard of practice for the procedure.
6.2General area of operation of dentist profession—Act, s 22 (1) (a)
The practice of a dentist involves the prevention, diagnosis and treatment of conditions and disorders of teeth and related structures.
6.3General area of operation of dental hygienist profession—Act, s 22 (1) (a)
The practice of a dental hygienist involves carrying out procedures under the supervision of a dentist, including—
(a)carrying out a procedure assisting a dental procedure undertaken by a dentist; and
(b)measuring and recording a patient’s periodontal condition; and
(c)carrying out an orthodontic procedure assisting a dental procedure undertaken by a dentist specialising in orthodontics; and
(d)in-office bleaching of a patient’s teeth.
6.4General area of operation of dental therapist profession—Act, s 22 (1) (a)
The practice of a dental therapist involves carrying out procedures on people who are younger than 19 years old under the supervision of a dentist, including—
(a)diagnosing or recording a child’s dental condition or planning and arranging appropriate treatment; and
(b)extracting non-permanent teeth without surgery; and
(c)performing pulpotomy and placing pulp dressing in non‑permanent teeth; and
(d)restoring non-permanent and permanent teeth affected by tooth decay; and
(e)treating an injured permanent tooth.
6.5Qualifications as suitability to practise requirements for dental care providers—Act, s 23 (a)
To practise as a dentist, dental hygienist or dental therapist, an individual—
(a)must be a graduate of a course of education offered in the ACT or a local jurisdiction that is accredited by the Australian Dental Council or approved by the board or the regulatory authority of the local jurisdiction; or
NoteUnder s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
(b)must have completed training in the ACT or a local jurisdiction that is accredited by the Australian Dental Council or approved by the board or the regulatory authority of the local jurisdiction; or
(c)must have—
(i)completed a course of education outside Australia approved by the Australian Dental Council as a course of education in the relevant dental practice; and
(ii)passed an examination in dental practice held by an organisation approved by the Australian Dental Council; or
(d)must have—
(i)completed training outside Australia approved by the Australian Dental Council as training in the relevant dental practice; and
(ii)a practising certificate issued by the Australian Dental Council that certifies that the person is a dentist, dental hygienist or dental therapist; or
(e)must—
(i)have a qualification from the United Kingdom or Republic of Ireland accredited by the Australian Dental Council; and
(ii)be registered (however described) as a dentist, dental hygienist or dental therapist in the United Kingdom or Republic of Ireland.
6.6Qualifications as suitability to practise requirements for dental therapists—Act, s 23 (a)—transitional
(1)This section applies to a person—
(a)who was entitled to carry out an approved dental procedure under the Dentists Act 1931, section 74 (Practising dentistry—dental therapists) immediately before the commencement of this schedule; and
(b)who does not satisfy the requirements of section 6.5 as a dental therapist.
(2)Despite section 6.5, the board may register the person as a dental therapist if—
(a)satisfied that the person is someone to whom this section applies; and
(b)the person applies to be registered before 9 January 2009; and
(c)the person has not previously been registered under this section.
(3)The board may renew the person’s registration as a dental therapist if—
(a)the person’s registration has not ended under section 124 (1) (a) or (b) (When does registration end?); or
(b)if the person’s registration has ended under section 124 (1) (a) or (b)—the person’s registration was renewed under section 127 (Late payment of registration) or section 128 (Retrospective re-registration).
(4)This section expires on 9 January 2009.
(5)This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
6.7Specialist areas and suitability to practise requirements—Act, s 23 (c)
(1)Each of the areas mentioned in table 6.7, column 2 is a specialist area of dentistry.
(2)A person meets the requirements for registration in a specialist area of dentistry if—
(a)the person—
(i)is registered under the Act; and
(ii)has a qualification mentioned in table 6.7, column 3 in a specialist area mentioned in column 2; or
(b)the person—
(i)graduated in dentistry, whether from an Australian institution or otherwise; and
(ii)holds a qualification in a specialist area of dentistry awarded by an educational institution outside Australia; and
(iii)the qualification is approved by the board, Australian Dental Council or a regulatory authority.
(3)A reference in subsection (2) (a) (ii) to a qualification (the current qualification) mentioned in table 6.7, column 3 in a specialist area of dentistry includes a reference to a qualification—
(a)awarded before the current qualification was first awarded; and
(b)that the board is satisfied was, at the time it was awarded, an adequate qualification for admission to the specialist area.
Table 6.7Specialist areas of dental practice
| column 1 item | column 2 specialist areas | column 3 qualification |
| 1 | endodontics | 3 year postgraduate endodontics qualification accredited by the Australian Dental Council |
| 2 | orthodontics | 3 year postgraduate orthodontics qualification accredited by the Australian Dental Council |
| 3 | prosthodontics | 3 year postgraduate prosthodontics qualification accredited by the Australian Dental Council |
| 4 | paediatric dentistry | 3 year postgraduate paediatric dentistry qualification accredited by the Australian Dental Council |
| 5 | periodontics | 3 year postgraduate periodontics qualification accredited by the Australian Dental Council |
| 6 | oral and maxillofacial surgery | Fellowship of the Faculty of Oral and Maxillofacial Surgery from the Royal Australian College of Dental Surgeons (FRACDS OMS) |
| 7 | dento-maxillofacial radiology | 3 year postgraduate dento-maxillofacial radiology qualification accredited by the Australian Dental Council |
| 8 | public health dentistry | 3 year postgraduate public health dentistry qualification accredited by the Australian Dental Council |
| 9 | oral pathology | Fellowship of the Faculty of Oral Pathology from the Royal Australia College of Pathologists (FRACP OP) |
| 10 | oral medicine | 3 year postgraduate oral medicine qualification accredited by the Australian Dental Council |
| 11 | special needs dentistry | 3 year postgraduate special needs dentistry qualification accredited by the Australian Dental Council |
6.8Maintenance and demonstration of professional development, continued competence and recency of practice for dental care providers—Act, s 23 (d)
(1)To demonstrate adequate professional development at the time of application for registration as a dental care provider, the applicant must, for the type of dental care provider the applicant is applying to be registered as, if required by the board, give the board written evidence—
(a)that the applicant attended and satisfactorily completed a training program approved by the board; or
(b)that the applicant has undertaken professional development activities; or
(c)that otherwise demonstrates professional development the board considers adequate.
(2)To demonstrate continuing competence at the time of application for registration as a dental care provider, the applicant must, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.
(3)To demonstrate recency of practice at the time of application for registration as a dental care provider, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant has practised as a dental care provider of the kind the applicant is seeking to be registered as in the 5 years before the day the application is made; or
(b)that the applicant attended and satisfactorily completed a training course approved by the board; or
(c)that otherwise demonstrates recency of practice that the board considers adequate.
(4)In this section:
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for dental care providers developed or endorsed under section 131.
Note 1Register, a person, includes renew the person’s registration (see Act, dict).
Note 2For application requirements, see s 112.
6.9Board membership—Act, s 24
(1)The board is made up of the president and the following individuals:
(a)3 elected members who must be dentists;
(b)5 appointed members.
(2)The president must be a dentist.
(3)The appointed members must be—
(a)a dentist (whether admitted to a specialist area of dentistry or otherwise); and
(b)a dental hygienist; and
(c)a dental therapist; and
(d)2 community representatives.
(4)One of the community representatives must be a lawyer who has been a lawyer for a continuous period of at least 5 years before the day of appointment.
6.10Required insurance policy—Act, s 37 (1) (d)
(1)A dental care provider must maintain a policy of professional indemnity insurance at a level approved by the board.
(2)However, subsection (1) does not apply to a dental care provider if the dental care provider—
(a)is covered by professional indemnity insurance (the other insurance) other than insurance maintained by the dental care provider; and
(b)only practises as a dental care provider while covered by the other insurance.
6.11Conditional registration of students—Act, s 37 (5) (b)
(1)The board may register an individual as a dentist if satisfied that the individual—
(a)is a student in a course of education or training in dentistry that is approved under section 6.5 (Qualifications as suitability to practise requirements for dental care providers—Act, s 23 (a)); and
(b)needs to be registered to do 1 or both of the following:
(i)undertake further education or training approved by the board to achieve the standard required of dentists in the ACT;
(ii)undergo a period of practice under supervision as a dentist to allow the person to become registered in the ACT.
NoteA local jurisdiction is a State or New Zealand (see Act, dict).
13.2General area of operation of chiropractic profession—Act, s 22 (1) (a)
The practice of chiropractic involves a service, attendance or procedure, or giving of advice, that involves 1 or more of the following:
(a)assessing conditions related to the spine, non-spinal articulations and the neuro-musculo-skeletal system;
(b)diagnosing, preventing, rehabilitating, managing and educating about the conditions mentioned in paragraph (a);
(c)using chiropractic adjustments and manipulations in accordance with the standards statements for chiropractors.
13.3Qualifications as suitability to practise requirements for chiropractors—Act, s 23 (a)
(1)To practise as a chiropractor, an individual—
(a)must be a graduate of a course of education or training in the ACT or a local jurisdiction that is accredited by CCEA or approved by the board or a regulatory authority; or
NoteUnder s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
(b)must have completed a course of education or training approved by the board; or
(c)must have—
(i)passed an examination in chiropractic that the board requires; and
(ii)gained experience practising as a chiropractor under the supervision of a chiropractor whose registration entitles the chiropractor to practise as a chiropractor without supervision for a period approved by the board; or
(d)must have—
(i)completed a course of education or training at a place outside Australia accredited by CCEA or approved by the board or a regulatory authority; and
(ii)completed the requirements of, and passed the examination conducted by, CCEA.
(2)To avoid doubt, an individual is not practising as a chiropractor if the individual—
(a)is registered as a medical practitioner, osteopath or physiotherapist; and
(b)is offering a service as part of the individual’s health profession that is in the general area of operation of a chiropractor; and
(c)has appropriate training in that area.
(3)In this section:
CCEA means the Council on Chiropractic Education Australasia.
13.4Maintenance and demonstration of professional development, continued competence and recency of practice for chiropractors—Act, s 23 (d)
(1)To demonstrate adequate professional development at the time of application for registration as a chiropractor, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant attended and satisfactorily completed a training program approved by the board; or
(b)that the applicant has undertaken professional development activities; or
(c)that otherwise demonstrates professional development the board considers adequate.
(2)To demonstrate continuing competence at the time of application for registration as a chiropractor, the applicant must, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.
(3)To demonstrate recency of practice at the time of application for registration as a chiropractor, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant has practised as a chiropractor in the 5 years before the day the applicant is made; or
(b)that the applicant attended and satisfactorily completed a training course approved by the board; or
(c)that otherwise demonstrates recency of practice the board considers adequate.
(4)In this section:
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for chiropractors developed or endorsed under section 131.
Note 1Register, a person, includes renew the person’s registration (see Act, dict).
Note 2For application requirements, see s 112.
13.5Board membership—Act, s 24
(1)The board is made up of the president and the following people:
(a)2 elected members;
(b)4 appointed members.
(2)The elected members must be—
(a)a chiropractor elected by chiropractors; and
(b)an osteopath elected by osteopaths.
(3)The appointed members must be a community representative and—
(a)if the president is a chiropractor—1 chiropractor and 2 osteopaths; or
(b)if the president is an osteopath—1 osteopath and 2 chiropractors.
(4)For subsection (3), if the president is a chiropractor and osteopath, the president must choose a profession before the members are appointed and give the Minister written notice of the choice.
(5)If the Minister has taken all reasonable steps to appoint a member from a particular profession (the prescribed profession) for subsection (3) and has been unable to do so, the Minister may appoint temporarily—
(a)if the prescribed profession is the chiropractic profession—an osteopath; or
(b)if the prescribed profession is the osteopathic profession—a chiropractor.
(6)An appointment under subsection (5) ends when the Minister appoints a member from the prescribed profession.
13.6Required insurance policy—Act, s 37 (1) (d)
(1)A chiropractor must maintain a policy of professional indemnity insurance at a level approved by the board.
(2)However, subsection (1) does not apply to a chiropractor if the chiropractor—
(a)is covered by professional indemnity insurance (the other insurance) other than insurance maintained by the chiropractor; and
(b)only practises as a chiropractor while covered by the other insurance.
13.7Conditional registration for non-practising chiropractors—Act, s 37 (5) (b)
(1)This section applies if—
(a)a person has applied for registration as a chiropractor; and
(b)the board is satisfied that the person does not intend to practise as a chiropractor, whether or not because the person is retired.
(2)The board may register the person on condition that the person must not practise as a chiropractor.
13.8Conditional registration not limited
This schedule does not limit when a chiropractor may be conditionally registered or the conditions that may be imposed on registration.
13.9Registration end date—regulation, s 120 (b) (i) and s 121 (c)
The registration end date for a certificate of registration is 31 August following registration.
Schedule 14
substitute
Schedule 14Osteopaths
(see s 4 and sch 1)
Note to sch 14
The Act and Regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:
· under the Act, s 37 (1) (b), an applicant must have a knowledge of written and spoken English that is adequate to allow the person to practise
· under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
· under s 112, certain matters must be included in an application for registration
· under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
(a)whether the person is mentally and physically well enough to practise; and
(b)whether the person has communication skills that allow the person to practise effectively without endangering patients; and
(c)whether the person has an addiction to alcohol, another drug or another substance that may affect the person’s ability to practise; and
(d)whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
(e)whether the person’s experience is recent and sufficient to allow the person to practise.
14.1Definitions—sch 14
board means the ACT Chiropractors and Osteopaths Board.
chiropractor means an individual who is registered as a chiropractor under schedule 13.
osteopath means an individual who is registered as an osteopath under this schedule.
regulatory authority means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate osteopathy in the jurisdiction or place.
NoteA local jurisdiction is a State or New Zealand (see Act, dict).
14.2General area of operation of osteopathy profession—Act, s 22 (1) (a)
The practice of osteopathy involves a service, attendance or procedure, or giving of advice, that involves 1 or more of the following:
(a)diagnosing and removing biomechanical derangements or somatic dysfunction that affect the human body, including the fluid systems and neural tissues;
(b)applying manual pressure to any part of the human body that affects an appendicular joint or segment of the vertebral column.
14.3Qualifications as suitability to practise requirements for osteopaths—Act, s 23 (a)
(1)To practise as an osteopath, an individual—
(a)must be a graduate of a course of education or training in the ACT or a local jurisdiction that is approved by the board or a regulatory authority; or
Note Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
(b)must have completed a course of education or training approved by the board; or
(c)must have—
(i)passed an examination in osteopathy that the board requires; and
(ii)gained experience in osteopathy under the supervision of an osteopath whose registration entitles the osteopath to practise osteopathy without supervision for a period approved by the board; or
(d)must have—
(i)completed a course of education or training at a place outside Australia approved by the board or a regulatory authority; and
(ii)completed the Competency Based Screening Assessment conducted by the Osteopaths Board of New South Wales.
(2)To avoid doubt, an individual is not practising as a osteopath if the individual—
(a)is registered as a medical practitioner, chiropractor or physiotherapist; and
(b)is offering a service as part of the individual’s health profession that is in the general area of operation of an osteopath; and
(c)has appropriate training in that area.
14.4Maintenance and demonstration of professional development, continued competence and recency of practice for osteopaths—Act, s 23 (d)
(1)To demonstrate adequate professional development at the time of application for registration as an osteopath, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant attended and satisfactorily completed a training program approved by the board; or
(b)that the applicant has undertaken professional development activities; or
(c)that otherwise demonstrates professional development the board considers adequate.
(2)To demonstrate continuing competence at the time of application for registration as an osteopath, the applicant must, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.
(3)To demonstrate recency of practice at the time of application for registration as an osteopath, the applicant must, if required by the board, give the board written evidence—
(a)that the applicant has practised as an osteopath in the 5 years before the day the applicant is made; or
(b)that the applicant attended and satisfactorily completed a training course approved by the board; or
(c)that otherwise demonstrates recency of practice the board considers adequate.
(4)In this section:
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for osteopaths developed or endorsed under section 131.
Note 1Register, a person, includes renew the person’s registration (see Act, dict).
Note 2For application requirements, see s 112.
14.5Board membership—Act, s 24
The board is made up as prescribed under schedule 13.
NoteThe elected members of the board include an osteopath elected by osteopaths (see sch 13, s 13.5 (2) (b)).
14.6Required insurance policy—Act, s 37 (1) (d)
(1)An osteopath must maintain a policy of professional indemnity insurance at a level approved by the board.
(2)However, subsection (1) does not apply to an osteopath if the osteopath—
(a)is covered by professional indemnity insurance (the other insurance) other than insurance maintained by the osteopath; and
(b)only practises as an osteopath while covered by the other insurance.
14.7Conditional registration for non-practising osteopaths—Act, s 37 (5) (b)
(1)This section applies if—
(a)a person has applied for registration as an osteopath; and
(b)the board is satisfied that the person does not intend to practise osteopathy, whether or not because the person is retired.
(2)The board may register the person on condition that the person must not practise osteopathy.
14.8Conditional registration not limited
This schedule does not limit when an osteopath may be conditionally registered or the conditions that may be imposed on registration.
14.9Registration end date—regulation, s 120 (b) (i) and s 121 (c)
The registration end date for a certificate of registration is 31 August following registration.
Dictionary, note 2
substitute
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
· correctional centre
· disallowable instrument (see s 9)
· electoral commissioner
· Executive
· function
· penalty unit (see s 133)
· person
· under.
Health Professionals Amendment Regulation 2005 (No 1)
Section 24 (so far as it inserts schedule 1, items 2 to 11, and schedules 5 to 12)omit
Endnotes
Notification
Notified under the Legislation Act on 4 January 2007.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2007
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