Nurses and Masseurs Registration Act of 1928 (19 Geo v No. 10) (Qld)

12202 MEDICAL. Nurses and MassMlrs Registration Act. 19 GElO. V. No. ID, .," MARKETING. See PRiMARY PRODUCE. MARRIAGE OF CHILDREN. See CHILDREN. MASSEURS REGISTRATION. See MEDICAL. MEDICAL. NURSES AND MASSEURS. 19 Geo. v. An Act to :Make Provision for the Training, Quali- . N;~ O. fication, and Registration of Nurses and NUM1I.8EAS ANSD SE M U as 1 se I u . r 8 s' ' and for other purposes • REGISTRA- TION ACT OF [ASSENTED TO 27TH OCTOBER, 1928.] 1928. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title. 1. This Act may be cited as "The Nurses and Masseurs Registration Act of 1928." . Definitions. 2. In this Act, unless the context otherwise indicates or requires, the following terms have. the meanings respectively assigned to them, that is to say;- Board. " Board "-The Nurses and Masseurs Registration Bo~ rd constituted under this Act ; Massage. "Massage "-The use by external application to the human body of manipulation remedial exercises, electricity, heat, or light, for the purpose of curing or alleviating any abnormal condition of the body, or the use for such purpose of any other method of treatment that may be recognised by the Board as an approved method of performing massage, but does not include the internal use of any drug or medicine or the application of any medical or surgical appliance except so far as the

1928. MEDICAL. Nurses and Masseurs Registration Act. 12203 application of such appliance is necessary in the use as aforesaid of manipulation remedial exercises, electricity, heat, light, or other approved method; " Masseur "-The term also includes a masseuse; Masseur. "Medical practitioner "-A legally qualified Medi~ B: l medical practitioner registered under *" The practitlOner. MedicalAct of 1925"; " Minister "-The Home Secretary or other Minister. Minister of the Crown charged with the administration of this Act; ~' Prescribed "-Prescribed by this Act; Prescribed. " Register "-The register of nurses and masseurs Register. under this Act ; _. " Registered nurse' '-A nurse registered or deemed Registered to be registered under this Act: the term nurse. also includes a registered male nurse; " Regulation "-Regulations made under the Regulation. provisions of this Act ; " This Act "-This Act and all regulations made This Aot. thereunder. 3. Subject to this Act, the following amendments Amendment are made in t" The Health Acts, 1900 to 1922" :-. ~e:l' £~ct8, 1900 to 1922." (a) Sections two hundred and four to two hundred Amend- and thirteen (inclusive) of such Acts are m20e4nttos o2f13ss. . repealed; also (b) In section two hundred and fourteen of such Amendment Acts, all words from and including "and in of s. 214. respect" to the end of the section are repealed; also . (c) Section two hundred and fifteen of such Acts Amendment is repealed; also of s. 215. (d) The following words are added to the definition Amendment of " Registered nurse" in section one hundred of s. 189. and eighty-nine of such Acts, namely:- " The term also means a nurse registered as a general nurse or midwifery nurse or mental nurse under t"The Nurses and Masseurs Registration Act of 1928." " * 16 Geo. V. No. 24, supra, page 11337. t 64 Vic. No. 9 and amending Acts, supra, pages 7735 and 10012 (reprinted * up to 1922 amendments in pamphlet form). 19 Geo. V. No. lO (this Act). G

12204 MEDICAL. •YuJ'ses and Masseurs Registration Act. 19 Gm. V. No. 10, Rt'lgistration 4. (l.) There shall be established a Board for the Board. registration of duly qualified nurses and masseurs. The Board shall consist of seven members, and shall be constituted as follows :- Constitution thereof. (a) One member shall be nominated by the Minister; (v) One member shall be a medical practitioner and shall be nominated by the Medical Board constituted under *"The Medical Act of 1925 " or any Act amending or in substitution of that Act; (c) One member shall ,be a medical practitioner employed by the State in connection with a hospital for the insane; (d) Two members shall be qualified nurses and shall be nominated by an association of or organised body of nurses recognised for the purposes of this paragraph by the Minister, and one of such nurses shall be or have been a matron in a hospital being a training school for nurses; (e) One member shall be the Superintendent of Nurses employed by the State in connection with the child welfare service; (j) One member shall be a qualified person engaged in the practice of massage in Queens- land: . Provided that if, after the constitution of the first Board, there is in existence an association of or organisa- tion of registered masseurs and recognised as such by the Minister, such member shall be nominated by such association or organisation. The members shall be appointed by the Governor in Council and shall hold office for three years, but they shall be eligible for reappointment. First appoint. ments. (2.) The first appointments shall be made to take effect as and from the first day of January, one thousand nine hundred and twenty-nine, but the Nurses Registra- tion Board at present established pursuant to t" The Health Acts, 1900 to 1922," shall continue in office until the appointment of the first Board under this Act. * 19 Geo. V. No. 24, supra, page 11337. t 64 Vie. No. 9 and amending Acts, supra, pages 7735 and 10012.

::\IEDICAL. 12205 1928. lVurses and Jllasseurs Registrat1'on Act. ill (3.) If within fourteen days from the time appointed Power of . by the Ml· llI.St er any aSSOC.lat'IOn or b 0 dy aforesaI' d f a ' I lS, CGoouvnecrniloirn neglects, or refuses to nominate any person for appoint- event of ment to t h e B oar d , t h e G overnor I . n C ounCl '1 may, nreofmusianlatteo. without nomination, appoint any person to be a member of the Board, and the person so appointed shall for all purposes be deemed to have been duly appointed. (4.) If a member fails to attend three or more M~ : nber consecutive meetings of the Board extending over a f~! ill~ to period of not less than three months without leave of an. absence from the Board, he or she shall cease to be a member. (5.) If at any time a vacancy in the Board is caused Vacancies. by death, resignation, or otherwise, the Governor in Council shall appoint some fit and proper person, having the same qualification and nomination (if any) as the previous occupant of the vacant position, who shall hold office until the date when the member whose place he fills would have gone out of office in the ordinary course: Provided that in the case of appoint- ments made under this clause the member appointed shall be a medical practitioner if the previous occupant of the position was a medical practitioner, or a qualified nurse if the previous occupant of the position was a nurse, or by a qualified masseur if the previous occupant of the position was a masseur. (6.) The business and procedure of the Board shall Busin~ ss be conducted and carried out in the manner prescribed proce ure. by the regulations. 5. (1.) The Board shall cause such nurses and Register to masseurs to be registered in a register to be kept for the be kept. purpose, in the following classes:- Nurses- (a) General nurses; (b) Midwifery nurses; (c) Child welfare nurses; (d) Mental nurses. 211asseurs- (a) Masseurs: (b) Masseuses.

12206 l\IEDICAL. N~ I: rses and JJla.ssenrs Registration Act. 19 GEO. V. No. 10, Publication (2.) A copy of the register, distinguishing the various ( t ] h a e z r e e tt o e f . in classes, shall be published in the Government Gazette in the month of January, one thousand nine hundred and twenty-nine; and thereafter in the month of January in every year in which the Minister so directs the Board shall cause a copy of the register, corrected to the thirty-first day of December then last past, to be published in the Government Gazette. In the month of January in every year in which a copy of the register is not published after the year one thousand nine hundred and twenty-nine, a supplementary list, showing all alterations, additions, revisions, and removals made in the register during the preceding twelve months, shall be published in the Government Gazette. Every supplementary list so published shall be deemed to be part of the last-published copy of the register, and such last-published copy shall be read and construed as subject to every such list. Applicant (3.) Before registration of any person as a nurse or : ~ ; . : ~ ! : rod masseur, the Board shall be satisfied that the applicant <character. is a person of good fame and character. Examina- tions. 6. (1.) The Board shall from time to time hold examinations of persons who are desirous of qualifying for a certificate of registration as a general nurse, mental nurse, midwifery nurse, child welfare nurse, or masseur : Provided that no certificate of registration shall be granted tq any person who has not attained the age of twenty-one years. Regulations shall prescribe the qualifications and forms of examination required for each class of nurses or masseurs respectively. Duty of (2.) The Board may register in their proper classes ! ~ ~! ; o candidates who pass the prescribed examinations, and, can~ dates upon application and upon payment of the prescribed fee, ~ ~: ~ ~ation. shall issue a certificate of registration in the prescribed form, together with a badge bearing bis or her name and the date of registration, to every perflon so registered. Registration 7. During the month of January, one thousand nine fee. hundred and twenty-nine, and thereafter in the month of January of every year, every person registered under this Act other than a mental nurse shall pay to the Board an annual registration fee of two shillings and sixpence, and on failing to make such payment shall

MEDICAL. 12207 1928. Nurses and Masseurs Registration Act, cease to be a registered nurse or masseur, but the Board may at any time restore to the register the name of any person failing to make such payment on receiving all 'arrears and on payment of such additional fee as may be prescribed by regulation. 8. Any person who, not being duly registered Unregistered under this Act, takes or uses the name, initials, title, person, addition, designation, or description of a nurse or masseur, with intent to cause or which may reasonably cause any other person to believe that he or she is . registered under this Act, shall be guilty of an offence and shall be liable upon conviction to a penalty not exceeding twenty pounds. 9. For the purpose of enabling nurses and masseurs, Special who have obtained training and certificate by examina- cases. tion from any body w authority outside the State of Queensland recognised by the Board and who do not come within the provisions of section six of this Act, to be registered under this Act, the Board may, upon payment of the prescribed fee and on the terms and conditions prescribed by regulation, grant registra- tion in the class of nurses for which application is made. 10. Notwithstanding anything herein contained, MP<?w: er of the 1\ 1 ~ 1 . '" t. lnlS t er may dI' spense W.Ith such 0 f the cert' 1 fi - di1spllelsntseer to cates, examinations, or other conditions for the registra- wit~ fi t I'On 0 f nurses under t hI' S A C t as to hl' m may seem J.Ust , certl cates. in favour of any person who, before the passing of *"The Health Act Amendment Act of 1911," had for a period of three years followed the calling of a nurse. Notwithstanding anything herein contained, the Minister may dispense with such of the certificates, examinations, or other conditions for the registration of masseurs under this Act as to him may seem just, in favour of any person who before the passing of this Act has followed the calling of a masseur for a period of three years. 11. (1.) Every nurse registered under t" The Health ~ egistra, u A n c d ts e"r 1th90is0 A to ct. 1922" shall be deemed to be registered t H lO e n a s lthunAdecrts. * 2 Geo. V. No. 26, supra, page 5126. t 64 Vic. No. 9 and amending Acts, supra, pages 7735 and 10012.

12208 MEDICAL. Nur'ses and Masseurs Registration Act. 19 GEO. V. No. 10, Child·welfare nurse. (2.) Every nurse who has been or will be granted a certificate by the Minister for training in child welfare shall be entitled to registration as a child-welfare nurse. Notification of address. (3.) Every registered nurse or masseur shall notify the Board of any change of his or her address; non- compliance with this provision will render the said nurse or masseur liable to have her or his name erased from the register. Penalties for 12. Every person who procures himself or herself ~ ; = d~ ent (as the case may be) to be registered as a nurse or represen· masseur under this Act by means of any false or tation. fraudulent representation, or by the production of any false certificate or testimonial, shall be liable to a penalty not exceeding twenty pounds, and his or her name shall be erased from the register. Any unregistered person who falsely represents or pretends that he or she is qualified or registered as a nurse or massenr under this Act or any other Act, or by any body, corporation, or association, shall be liable to a penalty not exceeding twenty pounds. Any person whose name is ordered to be removed from the register shall, within fourteen days from the notification to him or her, surrender the certificate of registration and badge to the Board. If such person fails to do so he or she shall be liable to a penalty not exceeding two pounds for every day 'during which the offence is continued. Powers and Duties of the Boar~ . Powers and 13. (1.) The povvers and duties of the Board shall dBuotaierds.of be as follows ; - (a) To appoint examiners; (b) To appoint training schools for the purpose of training nurses and masseurs; (c) To determine the character, subjects, ana. conduct of examination; (d) To appoint the places where and the times when examinations shall be held; (e) To issue and cancel certificates of regis- tration; and (f) Generally to do any act or perform any duty which may be necessary for the purposes of this Act.

MEDICAL. 12209 1928. Nurses and Massettrs Registration ~ 4ct. (2.) The Boar:d may- ·Suspension. &c. (i.) Suspend, after due inquiry, any person from practic.e as a registered nurse or masseur for such time as it deems just; or (ii.) Remove from the register the name of any person who is proved to the satisfaction of the Board to be guilty of misconduct or is convicted of any indictable offence: Provided that the Board shal1 not under paragraphs (i.) and (ii.) suspend any person from practice or remove any person's name from the register without sending· to such person by registered letter a statement in writing of the conduct imputed to him or her and without affording such person an opportunity of giving an explanation in writing or in person ; (iii.) Restore to the register the name of any person so removed; (iv.) Suspend any registered nurse or masseur temporarily from such practice if such suspen- sion appears to be necessary to prevent the spread of infection : Provided that the Commissioner of Public Health may prohibit for any specified period the practising of midwifery by any person, whether a registered nurse or not, in any case where he is satisfied that danger exists of communicating any transmissible disease to any patient, and any person who disobeys any such prohi- bition shall be liable to a penalty not exceeding twenty pounds. 14. (1.) If the application of any person to be Appeal to registered as a nurse or masseur (as the case may be) is Minister. refused by the Board upon any ground other than the ground that such applicant has not passed the prescribed examination; or if any person is aggrieved by any decision of the Board under paragraphs (i.), (ii.), and (iii.) of subsection two of section thirteen of this Act, such applicant or person may, within three months after he or she has been notified of such decision, appeal from the decision of the Board to the Minister. (2.) Thereupon the Minister shall inquire into and decide such appeal, and the decision of the Minister shall

12210 MEDICAL. SW'scs and 11'Iasseurs Registration Act. 19 GEO. V. No. 10, be final and conclusive, and shall not be subject to any further appeal to any court of law or other tribunal whatever. Board or (3.) For the purposes of any inquiry held by the Mtoinbiestear Board under this Act, or for the purposes of any appeal, Commission the Board or the Minister, as the case maybe, shall have uOnffdiceiralthe all the powers, authorities, and protection of a com- Inquiries mission under *" The Official Inquiries Evidence Act of EAvcitd. ence 1910." Appoint- ments of nurses. 15. In all appointments of nurses in hospitals subject to t" The Hospitals Acts, 1847 to 1891," and t" The Hospitals Act of 1923," and in asylums for the insane, preference of employment in regard to future vacancies shall be given to registered nurses: Provided that nothing herein contained shall be construed to interfere with the employment of proba- tioner nurses in such institutions. :Fees for 16. There shall be payable to the Board by every roetghiesrtrtahtaionn person who applies for registration other than as a mental as mental nurse the fees mentioned hereunder. nurse. Every registered person shall in addition pay an annual fee for retention of her or his name on the register. £ 8. d. Fee payable for examination of candidate for ~~ ~ ~ Fee payable for registration, including certificate of registration 1I 0 10 ° 6 Fee payable for the retention on the register of the name of any person in any year .. .. 0 2 6 AppoiI~ tment 17. The Board may appoint a Registrar and such of RegIstrar. other officers as the Board think necessary to give effect to this Act, and the Board may pay the Registrar and other officers such salary and allowances as the Board thinks fit. All such persons shall hold office during the pleasure of the Board. Funds of Board. 18. All moneys received by the Board, including any fees and penalties under this Act, shall be paid to the Board and become part of the Board's funds. * 1 Geo. V. No 26, supra, page 748. t 11 Vic. No. 59 and amending Acts, supra, page 951 et seq. :j: 14 Geo. V. No. 44, supra, page 10537.

1928. MEDICAL. Nurses and Masseurs Registratim Act. 12211 The salaries and emoluments of the officers appointed under this Act, and all other expenses of and incidental to the administration of this Act, shall be paid by the Board out of its funds. 19. In any proceeding by or on behalf of the Board !':vidence. under this Act it shall not be necessary to prove the appointment or election of the members, Chairman, or Registrar of the Board. A writing certified by the Registrar to be a true copy of or a true extract from any register, book, certifi- cate, notice, list, declaration, statement, document, or writing of any nature whatsoever in the custody of the Board or of any officer of the Board shall, for all purposes, be prima facie evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original. 20. The Board may, in its own name, by its Board. Registrar or any person thereunto authorised in writing :ou::lsed p-nder the hand of the Chairman, institute, carry on, proceedings. prosecute, and defend any action, complaint, information, or proceeding whatsoever. Every court of law shall take judicial notice of the signature of the Chairman to any such authorisation. 21. (1.) All penalties and fees imposed by or Penalties pursuant to this Act may be recovered in a summary and fees. way by complaint under *" The Justices Acts, 1886 to 1924." (2.) Every person guilty of any breach or contraven- General tion of this Act for which no other penalty is provided penalty. shall be liable to a penalty not exceeding twenty pounds. (3.) All penalties and fees recovered by the Board Penalties :under this Act shall be paid to the Board and become and fees part 0 f I · ts f un d s. payable to Board. 22. (1,) The Board, with the approval of the Regulations, Governor in Council, may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be con- venient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act; and where there may be in this Act no provision or no sufficient provision in respect of any * 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 and 11030.

12212 MEDICAL. Nurses and Masseurs Registration Act. 19 GEO. V. No. 10,1928. matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing provision, such regulations may be made for all or any of the following purposes ;- (i.) Regulating the business and procedure of the Board, including inter alia the appointment of Chairman, or Deputy Chairman, quorum, and defining the duties of its officers ; (ii.) Prescribing the conditions under which a hospital will be recognised as a training school; (iii.) Prescribing the schedule of study, including lectures and the period of training required at a training school prior to registration; (iv.) Issuing and cancelling certificates of registra- tion; (v.) Examination of candidates for certificates of registration as nurses and masseurs; subjects and standards .of such examinations; (vi.) Issuing of certificates for special branches of nursing; (vii.) Fixing fees for examiners; (viii.). Fixing penalties for breaches of this Act; and (ix.) Generally for carrying this Act into effect. Effect of (2.) Such regulations, on being approved by the -regulations. Governor in Council, shall be published in the Gazette, and thereupon shall have the same force and effect as if they were embraced in and formed part of this Act, and shall be judicially noticed, and shall not be questioned iu any proceedings whatever. To be laid (3.) Copies of such regulations shall be laid before ~ :r~ : ment. Parliament within fourteen sittiug days after such publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session. Revocation (4.) Auy such regulations may be revoked or ~ YCGoveilrnor amended by the Governor in Council by Order in In oune. C ounc il publ· IS hed m. the Gazette.