Medical Act Amendment Act 1984 (Qld)

261 O3ueenzh nib ANNO TRICESIMO TERTIO ELIZA ET AE SECUNDAE REGINAE No, 20 of 1984 Act to amend the Medical Act 1939-1981 i n certain particulars [ASSENTED TO 22ND MARCH, 1984]

262 Medical Act Amendment Act 1984, No. 20 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as the Medical Act Amendment Act 1984. 2. Principal Act and citation as amended . (1) In this Act the MedicalAct1939-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Medical Act1939-1984. 3. Amendment of s. 2. Parts of Act. Section 2 of the Principal Act is amended by- (a) in the heading " PART VIII-MISCELLANEOUS PROVISIONS (SECTIONS 51, 70B, 71)" omitting the expression " 70s, 71 " and substituting the =expression " 52, 53 "; (b) in the heading " Section 51-Regulated Practices " omitting the words " Regulated Practices " and substituting the words " Maker of medical certificate to be identifiable "; (c) in the heading " Section 7013-Operations When Patient Incapable of Consenting " omitting the expression " 70B " and substituting the expression " 52 "; (d) in the heading " Section 71-" Medical Practitioner" to include Specialist " omitting the expression " 71 " and substituting the expression •" 53 "; (e) inserting after the heading " Section 53- " Medical practitioner " to include Specialist;" the following headings: " PART IX-MEDICAL CALL SERVICES (SECTIONS 54-59)- Section 54-Medical Call Services to be approved ; Section 55-Certificates of Approval; Section 56-Record to be kept; Section 57-Changes to be notified; Section 58-Cancellation and suspension of certificates of approval; Section 59-Delivery of certificate of approval to Board; ". 4. Amendment of s. 4. Meaning of terms . Section 4 of the Principal Act is amended by- (a) inserting after the definition ".By-laws-" the. -following definition: " " Certificate of Approval "-A certificate of approval issued or renewed pursuant to section 55; ";

Medical Act Amendment Act 1984, No. 20 263 (b) inserting after the definition " Medical company " the following definition:- MMeeddiciaclal director "-In respect of a medical call service- the medical practitioner nominated as the person responsible for all medical aspects of that service; "; (c) inserting after the definition " Registrar " the following definition:- Responsible person "-A medical practitioner, registered nurse or other natural person considered by the Board to be a suitable applicant for a certificate of approval; ". 5. Amendment of s. 5. Regulations, Proclamations , etc. Section 5 of the Principal Act is amended by, in subsection (2), omitting the fourth paragraph and substituting the following paragraph:- " Every such Proclamation, Order in Council, rule, by-law or regulation shall be laid before the Legislative Assembly within 14 sitting days after publication in the Gazette.". 6. Amendment of s. 14. Funds of Board. Section 14 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (2A) The Board may, with the approval of the Minister, appropriate any portion of its funds, not required by the Board for any of the purposes mentioned in subsection (2) or for the purposes of the Medical Act and Other Acts (Administration) Act1966-1980, for medical education and research.". 7. Amendment of s. 16. Power to make by -laws. Section 16 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) The Board, with the approval of the Governor in Council, may from time to time make by-laws not inconsistent with this Act providing for all or any purposes whether general or to meet particular cases that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act. The power to make, with respect to any persons, matters or things, any by-law includes power to make that by-law so that it may be of general or specially limited application according to time, place, purpose, class or circumstance, or otherwise as is prescribed, and so that any by-law of specially limited application may or may not differ from any other by-law of specially limited application with respect to the same person, matter or thing. The power to make by-laws with respect to any matter or thing includes power to make by-laws under this section prohibiting that matter or thing either generally or to meet particular cases. Without limiting the power conferred by the foregoing provisions, by-laws may be made in respect of the following matters:- (i) the powers, duties and functions of the registrar, officers and inspectors appointed for the effectual administration of this Act;

264 Medical Act Amendment Act 1984, No. 20 (ii) the register of medical practitioners and the register of specialists and the manner of keeping them; (iii) the making of applications to the Board, and the effect of furnishing false particulars therein; (iv) the conduct of meetings of the Board; the entitlement of members to vote upon business before a meeting; (v) the seal of the Board and the attesting of documents by and on behalf of the Board; (vi) the fees payable under this Act and the purposes for which they are payable; the waiver or remittance by the Board of such fees ; (vii) the form to be used for the purposes of this Act; (viii) regulating and controlling the use by medical practitioners (including specialists) of titles, letters or words indicating or describing their qualifications; prescribing titles, letters or words that shall or may be used to indicate or describe that any person is a medical practitioner orto indicate or describe any particular medical qualification; prohibiting the use by medical practitioners, in relation to their qualifications as medical practitioners or the practice by them of medicine of any titles, letters or words, other than those prescribed for such use or prohibiting any prescribed titles, letters or words from being so used and, in relation to medical qualifications, either generally or except to indicate or describe a particular qualification; regulating, controlling and prohibiting canvassing or soliciting work or business by, for or on behalf of medical practitioners; (ix) providing for and regulating advertisements and notices concerning the provision of professional services by a medical practitioner and the use by a medical practitioner of any mode or form of advertising, either generally or in a particular case; prescribing the minimum requirements for any such advertisements or notices that the Board may require to be undertaken or given by a medical practitioner, either generally or in a particular case; prescribing the modes and forms of advertising and the practices associated with advertising by a medical practitioner that are prohibited; (x) 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; (xi) prescribing the experience in medicine and surgery and the aggregate amount of the period or periods of such experience to be obtained as part of the qualification for registration as a medical practitioner or specialist;

Medical Act Amendment Act 1984, No. 20 265 (xii) prescribing the duties and responsibilities of medical practitioners and the procedures to be adopted by them in providing a continuous service for their patients; (xiii) prohibiting or restricting the establishment, use, conduct of or participation in medical call services; prescribing where, in what circumstances and subject to what standards, terms, conditions, duties or responsibilities a responsible person may establish, use, conduct or participate in medical call services; prescribing such other matters and things as in the Board's opinion are necessary or desirable in relation to medical call services; (xiv) all matters required or permitted by this Act to be prescribed by by-laws.". 8. Amendment of s. 19. Registration of medical practitioners. Section 19 of the Principal Act is amended by in subsection (4), in subparagraph (b) omitting the word " of " and substituting the word " or " 9. Amendment of s. 37A. When Board may impose disciplinary punishment . Section 37A of the Principal Act is amended by in subsection (1), inserting after the first paragraph the following paragraph:- " Where the Board deals with a medical practitioner under this subsection it may in addition to any order made by it order that the medical practitioner pay such costs of the investigation as are prescribed.". 10. Amendment of heading to Part VIII. Regulated Provisions. The Principal Act is amended by in the heading to Part VIII omitting the word " REGULATED " and substituting the word " MISCELLANEOUS ". 11. Re-numbering of sections . The Principal Act is amended by re-numbering sections 70B and 71 as sections 52 and 53, respectively. 12. New Part IX. Medical Call Services . The Principal Act is amended by inserting after section 53 as so numbered by this Act the following heading and sections:- " PART IX -MEDICAL CALL SERVICES 54. Medical call services to be approved . No person shall without a certificate of approval establish or conduct a medical call service. 55. Certificates of approval . (1) A certificate of approval shall not be issued or renewed unless the medical call service in question has a medical director. (2) A responsible person may apply for a certificate of approval by lodging an application therefor with the Board in the prescribed form accompanied by the prescribed fee.

266 Medical Act Amendment Act 1984, No. 20 (3) A certificate of approval shall remain in force for a period of 12 months from the date of granting thereof unless it is sooner cancelled or suspended by the Board or surrendered by the holder thereof. (4) A responsible person may apply for the renewal of a certificate of approval by lodging an application therefor with the Board in the prescribed form accompanied by the prescribed fee not later than one month prior to the date of expiry of the certificate of approval. 56. Record to be kept. The Board shall from the particulars disclosed by a responsible person on an application for a certificate of approval or renewal thereof make and keep a proper record of all medical call services approved in the State. 57. Changes to be notified . particulars- Where any change occurs in the (a) contained in an application for a certificate of approval or renewal thereof; (b) that have otherwise been supplied to the Board in respect of the medical call service in question, the holder for the time being of the certificate of approval shall within 14 days of those changes occurring notify the Board thereof. 58. Cancellation and suspension of certificates of approval. (1) A certificate of approval may be cancelled or suspended- (a) if its holder, the medical director or any person engaged in the conduct of the medical call service in respect of which the certificate was issued- (i) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy or insolvent debtors; (ii) has been convicted in Queensland of an indictable offence or elsewhere than in Queensland in respect of an act or omission that if done or made by him in Queensland would have constituted an indictable offence; (iii) has been convicted of an offence against this Act; (iv) is found guilty of misconduct in a professional respect; (b) if in the opinion of the Board such cancellation or suspension is necessary for the more effective and efficient operation of medical call services in Queensland; or (c) in such other circumstances as are prescribed by by-laws. (2) Where the Board suspends a certificate of approval- (a) the certificate shall not have any force or effect; and (b) the medical call service in respect of which the certificate was issued shall not be operated, during the period of the suspension.

Medical Act Amendment Act 1984, No. 20 267 59. Delivery of certificate of approval to Board. Where a certificate of approval is cancelled or suspended the responsible person in whose name it was issued or renewed shall, upon request by a notice in writing served upon him, deliver that cancelled or suspended certificate to the Board forthwith.".