Medical Practitioners (Amendment) Act 1956 (NSW)

MEDICAL PRACTITIONERS (AMENDMENT) ACT.

Act No. 14 ,1956.

An Act to make further provision with respect to the practice of medicine or surgery by unregistered persons; for this purpose to amend the Medical Practitioners Act, 1938, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 6th September, 1956.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-
Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the "Medical Practitioners ''Amendment) Act, 195Q." (2)

(2) The Medical Practitioners Act, 1938, as amended by subsequent Acts and by this Act, may be cited as the Medical Practitioners Act, 1938-1956.

2 . The -Medical Practitioners Act, 1938-1955, is

amended—

(a) by inserting next after section forty-one the following new sections:—

41A. (1) The diseases to which this section applies arc cancer, tuberculosis, poliomyelitis, epilepsy, diabetes and such other disease or diseases as may be prescribed for the purposes of this section.

(2) Subject to subsection three of this section a person not registered under this Act shall not give or perform any medical or surgical advice, service, attendance or operation in relation to—

(a)	any disease to which this section applies; or
(b)	any disease or condition which he alleges to be a disease to which this section applies,

unless, in the case of each person to or upon whom the advice, service, attendance or opera­ tion is given or performed, the giving or performing of the advice, service, attendance or

tered person.	operation is expressly authorised by a regis­
Any person who contravenes any of the provisions of this subsection shall be guilty of an offence and shall bo liable on conviction to a penalty not exceeding one hundred pounds.
Nothing in this subsection affects the opera­ tion of section twenty-seven of this Act.

( 3 )

(3) A person not regis tered under this Act shall not be liable to be prosecuted under this section in respect of anyth ing done or omit ted to be done by him—

(a)	in respect of a disease to which this section appl ies or in respect of any disease or condition which he alleges to be a disease to which this section
app l i e s ; and
(b)	in the bona-fide practice of the religious tenets of any church,

unless, where the disease has been declared to be an infectious disease unde r section twenty- eight of the Publ ic Hea l th Act, 1902, as amended by subsequent Acts , and he is required by subsection one of section twenty-nine of that Act to give the notice refer red to in that sub­ section, he fails to give tha t notice.

41B. A person not regis tered under this Act shall not be entit led to sue or counter-claim for or to set-off o r -o the rwise recover any charge or remunera t ion for any medical or surgical advice, service, a t tendance or operat ion given or per formed by him af ter the commencement of the Medical P rac t i t ione r s (Amendment ) Act,

1 9 5 6 .

(b) (i) by omit t ing subsection two of section forty-

following subsection:—

two and by inser t ing in lieu thereof the

(a) A n y person, not regis tered under this Act, who, af ter the expirat ion of three months from the commencement of the Medical P rac t i t i one r s (Amendment ) Act, 1 9 5 6 , adver t i ses himself to be entit led, qualified, able or willing to prac t i se medi­ cine or su rge ry in any of i ts branches or to give or pe r form any medical or surgical

(2)

advice,

advice, service, attendance or operation shall be guilty of an offence and shall be liable on conviction to a penalty not exceed- ing fifty pounds.

(b) No registered person shall,

otherwise than in accordance with the regulations, advertise himself to be entitled, qualified, able or willing to prac- tise medicine or surgery in any of its branches or to give or perform any medical or surgical advice, service, attendance or operation.

Any person who contravenes any of the provisions of this paragraph shall be guilty of an offence and shall be liable on convic- tion to a penalty not exceeding fifty pounds.

(ii)   by omitting from subsection three of the same section the words " , but shall apply to every advertisement by any other person whether or not registered under this Ac t " ;

(c)	by omitting from subsection one of section forty-nine the words ' ' or registered veterinary surgeon" and by inserting in lieu thereof the. words ' ' , registered veterinary surgeon, regis-' tered physiotherapist, chiropodist or chiro- prac tor" ;
(d)	by omitting subsection (2A) of section fifty-1 three. i