Physiotherapists Act Amendment Act 1976 (Qld)

456 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 48 of 1976 An Act to amend The Physiotherapists Acts, 1964 to 1965 in certain particulars [ASSENTED TO 27TF SEPTEMBER, 1976] 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 and citation . (1) This Act may be cited as the Physiotherapists Act Amendment Act 1976. (2) The Physiotherapists Act of 1964 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Physiotherapists Act1964-1976.

Physiotherapists Act Amendment Act 1976, No. 48 457 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by omitting the definition " Physiotherapy " and substituting the following definition:- " " Physiotherapy "-The use of those methods of treatment for curing, alleviating or preventing abnormal conditions of the human body duly recognized by the Board as approved methods of treatment: The term includes the assessment, based on specialized knowledge, of abnormalities of movement or posture and other signs associated with physical disability, for the purpose of determining the appropriate method of treatment; ". 3. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) in subsection (I)- (i) in provision (b), omitting the words " to represent the physiotherapists "; (ii) at the end thereof adding the following paragraphs:- " From the expiration of the term of office of the members constituting the Board at the commencement of the Physiotherapists Act Amendment Act 1976 at least two of the members nominated by the Minister pursuant to provision (a) shall be physiotherapists. A person who has attained the age of 70 years is not eligible for appointment as a member of the Board."; (b) in subsection (3)- (i) adding at the end of paragraph (a) the words " if they are eligible for appointment to the Board "; (ii) omitting provision (i) from paragraph (b) and substituting the following provision:- " (i) attains the age of 70 years or dies; ". 4. Repeal of and new s . 11. The Principal Act is amended by repealing section I I and substituting the following section:- " 11. Allowances and expenses . (1) Such allowances as are prescribed shall be paid to every member of the Board and to every member of an advisory committee appointed pursuant to section JO, save to a member who is an officer of the Public Service of Queensland in respect of his attendance at meetings of the Board or such advisory committee during his ordinary hours of duty as such an officer. (2) Every member of the Board and every member of an advisory committee appointed pursuant to section 10 shall be paid out of pocket expenses necessarily incurred by him in attending any meeting of the Board or such advisory committee or in connexion with the discharge by him of any function as such a member and approved by the Board.". 5. Amendment of s. 13. Section 13 of the Principal Act is amended by omitting subsection (3).

458 Physiotherapists Act Amendment Act 1976, No. 48 6. Amendment of s. 15 . Section 15 of the Principal. Act is amended by omitting subsection (3) and substituting the following subsection:- (3) The Registrar shall cause to be published- (a) by the thirtieth day of June in each year the " List of Physiotherapists, Queensland " 'certified by him as correct to the first day of May in that year, (b) from time to time, as he thinks desirable, a supplementary list indicating all alterations, additions, revisions and removals made in the register during the period indicated in such supplementary list and certified by him to a date indicated in that list.". 7. Repeal of and new s . 16. The Principal Act is amended by repealing section 16 and substituting the following section.- 16. Registration of Physiotherapists . (1) Subject to this Act, a person who makes application to the Board in that behalf in the prescribed form and pays the prescribed fees shall be entitled to be registered under this Act as a physiotherapist if he proves to the Board that- (a) he is the holder of a degree or diploma in physiotherapy granted after due examination by any university in Queensland; or (b) he is the holder of one of the qualifications set out in the First Schedule to this Act or in that schedule as amended from time to time by the Governor in Council; or (c)- (i) he is the holder of one of the qualifications set out in the Second Schedule to this Act or in that schedule as amended from time to time by the Governor in Council; and (ii) he has undertaken the period of supervised practice of physiotherapy asset out in the Second Schedule under the heading of the country in which such qualification was obtained in a hospital in the Commonwealth approved by the Board; and (iii) he produces to the Board a certificate or certificates as prescribed that the supervised practice referred to in subparagraph (ii) was performed and completed to the satisfaction of the competent authority or authorities controlling the hospital or hospitals concerned; or (d) - (i) he is the holder of a degree, diploma or certificate in physiotherapy conferred by a university, college or other body in a country outside the Commonwealth and which university, college or other body is duly recognized in the country in which it is situated as competent to confer the same, which degree, diploma or certificate is recognized by the Board as qualifying the applicant to practise physiotherapy in that country; and

Physiotherapists Act Amendment Act 1976, No. 48 459 (ii) he is entitled under subsection (2) to be so registered, and further satisfies the Board that- (e) he is of good fame and character; and (f) he has a sound understanding of the English language and possesses sufficient knowledge of and sufficient skill in the expression of that language , both written and oral; and ( g) he is medically fit to practise physiotherapy. The Board may, where it thinks fit, appoint a Committee of Assessors composed of medical practitioners (whether or not they are members of the Board) and may require an applicant for registration to appear before the Committee of Assessors who shall determine the medical fitness to practise physiotherapy of an applicant and the Board shall be bound by a certificate issued by the Committee of Assessors as to the medical fitness to practise physiotherapy of the applicant. (2) A person whose application for registration depends partly on a qualification referred to in subsection ( 1) (d) shall not be entitled to be so registered unless- (a) he has prior to making such application undertaken and passed a preliminary examination , conducted in the English language , as may be approved by the Board; and (b) he has undertaken and passed a written examination relevant to the conditions governing the practice of physiotherapy in Australia and recognized by the Board; and (c) if the Board requires it he has undertaken and passed a practical and oral examination, conducted by examiners approved by the Board , at a standard equal to that required by any university in Queensland for the grant by it of a degree or diploma in physiotherapy; and (d)- (i) that qualification is a degree , diploma or certificate approved by the Board as equal to or higher than the degree or diploma in physiotherapy conferred after due examination by any university in Queensland; or (ii) where that qualification is a degree, diploma or certificate which is not approved by the Board, under subparagraph (i) he has proved to the satisfaction of the Board that- (A) subsequent to obtaining that degree, diploma or certificate he has,obtained post graduate experience in physiotherapy and in respect thereof holds a qualification or has had such experience as would in the opinion of the Board qualify him for ,registration; and (B) he has the knowledge, skill and ability to practise physiotherapy efficiently in Queensland.

460 Physiotherapists Act Amendment Act 1976, No. 48 (3) A person shall be deemed to have complied with subparagraphs (a) and (b) of subsection (2) if the Board, in its discretion, by its certificate exempts him therefrom by reason that he has proved to the satisfaction of the Board that- (a) subsequent too4Yaining the degree, diploma or certificate upon which, he so, depends, he has obtained post graduate experience in physiotherapy and in respect thereof holds a qualification or has had such experience as would in the opinion of the Board qualify him for registration and (b) he has the knowledge, skill and ability to practise physiotherapy efficiently. in Queensland. (4) For the purposes of paragraph (b) of subsection. (2), the Board may apIloint examiners who may include in any certificate by them to the Board a condition that such certificate is given subject to the examinee being're uired to undertake a period of supervised practice in physiothera y. (5) The Board may require a person to whom the provisions of subsection (2) apply to.complete a period of supervised practice in physiotherapy, as determined by the Board. (6) The Governor in Council may by Order in Council amend the First Schedule and the Second Schedule to this Act by adding -Words, omitting words, or omitting words and substituting other words as he thinks fit., Upon amendment the Schedule as so amended shall be taken to be the' First Schedule or, as the case may be, the Second Schedule to;.this Act. (7) If a certificate of supervised practice referred to in paragraph (c) (iii) of subsection (1) is not provided.by the competent authority referred to in that paragraph and"the applicant concerned shows to the Board that, prima facie, he iSjustly entitled to the certificate, the Board ihay, by' notice in writing to the competent authority, call upon it to show-cause to the Board at a place, date and time specified by it 'in such notice' why the certificate should not be provided. If such pause. is not shown to the Board's satisfaction as requested by the Board, the, Board may direct the competent authority to provide • the applicant with the certificate within the time specified by the. Board. If the certificate- is not duly provided by the competent authority the Board may proceed with the applicant's application for registration as if such certificate had been provided. The Board shall report to the Minister upon any case arising under this subsection.". 8. New s. 16A. The Principal Act is amended by inserting after section 16 as substituted by this Act the following section:- " 16A. Conditional registration . (1) When a person has applied to the Board for registration under the provisions of section 16 (1) (c) and he desires to undertake the period of supervised practice in physiotherapy specified thereunder in a hospital in the State, the Board may grant him a certificate in the prescribed form of conditional registration.

Physiotherapists Act Amendment Act 1976, No. 48 461 (2) When a person has applied to the Board for registration under the provisions of section 16 (1) (d) and the Board has required him to undertake a period of supervised practice pursuant to section 16 (5), the Board may grant him a certificate in the prescribed form of conditional registration. (3) The practice of physiotherapy by a person who has been granted a certificate of conditional registration under this section shall be limited to supervised practice but, subject to this subsection and the conditions contained in the certificate, he shall be deemed to be registered as'a physiotherapist for as long as the certificate remains valid. If he shall fail to carry out any of such conditions to the satisfaction of the Board, the Board may direct the Registrar to cancel the certificate and that person shall thereupon cease to be deemed to be registered as a physiotherapist under this Act and the cancellation shall be deemed to be a r. fusal by the Board of that person's application to be registered as a physiotherapist.". 9. Amendment of s. 17. Section 17 of the Principal Act is amended by omitting from the proviso in subsection (2) all words from and including the words ", and, as respects " to the end of the proviso. 10. New s. 17A. The Principal Act is amended by inserting after section 17 as amended by this Act the following section:- " 17A. Registration for a limited period . (1) Subject to this Act, a person who makes application to the Board in that behalf in the prescribed form and who satisfies the Board that he is of good fame and character and that he is the holder of a degree, diploma or certificate in physiotherapy (in each case recognized by the Board and obtained after due examination) conferred by an institution recognized in the State of the Commonwealth, or other country wherein it is situated and by the Board as authorized to confer such degree, diploma or certificate and that he has come to Queensland- (a) at the request of a university in Queensland, any State authority or any association recognized by the Board as representative of physiotherapists for the purpose of teaching, lecturing, giving clinical demonstrations or engaging in .research work; or (b) to undertake post graduate study in physiotherapy, shall be entitled to registration as a physiotherapist at all times during the period he is so engaged. Provided that such period of registration shall not exceed twelve months unless the. Board on application extends it. (2) A person registered under this section shall notify the Board forthwith upon his ceasing to engage in the duties mentioned in subsection (1) and the Board shall then direct the Registrar to remove that person' s name from the register. (3) The Board may at any time by notice in writing call upon a person registered under this section to show cause at a place, date and time specified by the Board in such notice why

462 Physiotherapists Act Amendment Act 1976, No. 48 his name should not be erased from the register. If such cause be not shown to the Board's satisfaction as requested by the Board, the Board may direct the Registrar to remove that person's name from the register.". 11. Amendment of s. 18. Section 18 of the Principal Act is amended by inserting in subsection (2) after the words " the Board may " the words " direct the Registrar to ". by12. Amendment of s. 19. Section 19 of the Principal Act is amended - (a) omitting therefrom and from the heading thereto the word " license " wherever it occurs and substituting in each case the word " licence "; (b) omitting from the second paragraph of subsection (1) the words "of every year" and substituting the words "in each year or, where another period is prescribed in respect thereof (the Board being hereby thereunto authorized), within that other period in each year as is prescribed "; (c) in subsection (3)- (i) omitting the words " the Board shall, upon application " and substituting the words " or under section 20 (1) the Board shall, upon application, direct the Registrar to ": (ii) inserting after the words " payment of " the words " such annual licence fee and ". 13. Repeal of and new s. 20. The Principal Act is amended by repealing section 20 and substituting the following section:- "20. Removal of name from register . (1) The Board may direct the Registrar to remove from the register the name of any physiotherapist- (a) who applies in writing to have his name removed therefrom; or (b) whose name has at any time been ordered to be erased from the register of physiotherapists maintained by any other- registration authority and whose name at the material time has not been restored to that register. (2) If it comes to the notice of the Board that any person whose name then appears upon the register may be medically unfit to practise physiotherapy, the Board may appoint a Committee of Assessors, composed of medical practitioners (whether or not they are members of the Board) and may require that person to appear before the Committee of Assessors who shall determine the medical fitness to practise physiotherapy of that person and shall certify to the Board according to its finding. If a certificate issued to the Board by a Committee of Assessors states that the person named therein is medically unfit to practise physiotherapy or has failed to appear before it the Board may by notice in writing call upon such person to show cause at a place, date and time specified by the Board in such notice why his name should not be erased from the register.

Physiotherapists Act Amendment Act 1976, No. 48 463 If such. cause be not shown to the Board's satisfaction as requested by the Board, the Board may instruct the Registrar to erase the name of that person from the register.". 14. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the word " physiotherapist " in paragraph (c) the following expression and words:- 44 ; or (ca) has been convicted of an offence against this Act "; (ii) omitting from paragraph (f) the words " fifty pounds " and substituting the expression " $1 000 "; (b) adding at the end thereof the following subsection:- " (7) Where a Board has dealt with a physiotherapist under the provisions of subsection (I), the Board may order that the physiotherapist pay to the Board by way of costs such sum of money as it thinks fit.". 15. Amendment of s. 23. Section 23 of the Principal Act is amended by omitting the word " it " and substituting the words " the Registrar ". 16. New ss. 24A, 24B. The Principal Act is amended by inserting after the heading " PART IV-MISCELLANEOUS " and before section 25 the following sections:- "24A. Approved methods of treatment . Without limiting the methods of treatment that may be recognized by the Board as approved methods for the purposes of this Act, such methods may include the external application to the human body of- (a)_ movements, remedial exercises, manipulations or massage; (b) special procedures to improve respiratory function; (c) support; (d) heat, cold, water, electricity, light or sound. 24B. Physiotherapist not to prescribe certain drugs or medicines. A physiotherapist shall not prescribe any drug or medicine to any person for internal use.". 17. Repeal of and new s. 25. The Principal Act is amended by repealing section 25 and substituting the following section:- "25. Prohibited practices . (1) A person who is not registered under this Act shall not- (a) practise physiotherapy; (b) take or use the name of or title of physiotherapist. physiotherapeutist, physical therapist or physical therapeutist or electrotherapist, or hold himself out as being a physiotherapist or a physiotherapeutist or electrotherapist, or assume, take or use any name, initials, word, title, addition, symbol or description which, having regard to the circumstances in which it is

464 Physiotherapists Act Amendment Act 1976,.No. 48 assumed, taken or used , indicates or is capable of being understood to indicate, or is calculated to lead persons to infer that he is a physiotherapist, or is qualified to be registered under this Act as a physiotherapist, or is competent or willing to practise physiotherapy in contravention of this section. Penalty: $400. (2) This section shall not operate to prevent- (a) the practice of chiropody; (b) the application of massage by any person in the course of*training persons engaged in playing or training for physical culture or any games , sports or athletics, or for the purpose of alleviating injuries received by persons in the course of their being engaged in or training for physical culture or any games , sports or athletics; (c) the - practice of face massage or scalp massage for cosmetic purposes only; (d) the practice of physiotherapy by a person undergoing a course of study and training in physiotherapy conducted by any body in Queensland recognized by the Board for the purposes of section 16 (1) (a) and who acts under the direct instruction and supervision of a physiotherapist; (e)'the practice of physiotherapy by a person granted conditional registration pursuant to section 16A under the direct instruction and supervision of a physiotherapist; (f) an assistant to a physiotherapist carrying out, in the execution of his duties as such assistant , physiotherapy procedures whilst under the direct instruction and supervision of a physiotherapist responsible for the proper performance of those procedures where the Board has for the time being approved the carrying out of those procedures by such assistants: Provided that the provisions of subsection (1) - relating to the assumption, taking or using of the name or title of physiotherapist are not. contravened.". 18. Amendment of s. 27. Section 27 of the Principal Act is amended by omitting from subsection (1) the words " one hundred pounds " and substituting the expression " $400 ". 19. Amendment of s. 28. Section 28 of the Principal Act is amended by omitting from subsection (2) the words " fifty pounds " and substituting the expression " $300 ". 20. Amendment of s. 31. Section 31 of the Principal Act is amended by omitting from paragraph (vii) of subsection (1) the words " twenty pounds " and substituting the expression " $100 ". 21. First and Second Schedules . The Principal Act is amended by inserting after section 32 the following FIRST SCHEDULE and SECOND SCHEDULE:-

Physiotherapists Act Amendment Act 1976, No. 48 465 FIRST SCHEDULE [Section 16 (1) (b)] QUALIFICATIONS FOR REGISTRATION AS A PHYSIOTHERAPIST AUSTRALIA (other than the State of Queensland) (a) A degree, diploma or certificate in physiotherapy conferred after due examination by a university, college or other body which university, college or other body is duly recognized in the State where it is situated and by the Board as competent to confer the same; and (b) Eligibility for full registration in that State to practise physiotherapy which registration would not be subject to any limitation:, or conditions as to additional training or supervision. AUSTRALIA Final certificate conferred by the Australian Examining Council of Physiotherapy. GREAT BRITAIN (a) Certificate of the Chartered Society of Physiotherapy awarded after completion of the course of study required by that Society at a School of Physiotherapy approved by the Society; and (b) The successful completion of that Society's examinations in the theory and practice of physiotherapy. CANADA (a) A qualification conferred by a university in Canada set out in the following table which qualification is therein set out opposite the name of the university which conferred the same. TABLE University conferring qualification Qualification recognized University of Alberta Diploma in Physical Therapy, or Bachelor of Physical Therapy University of British Columbia B.Sc. in Rehabilitation Universito Laval B.Sc. (Santo) (Physiotherapie) McGill University Bachelor of Physical Therapy, or B.Sc. in Physical Therapy University of Manitoba Diploma in Physical Therapy, or Bachelor of Physical Therapy Universito de Montreal B.Sc. (Physiotherapie) Queens University Diploma in Physical Therapy, or B.Sc. in Physical Therapy University of Toronto Diploma in Physical and Occupational Therapy, or B.Sc. (Physical Therapy) University of Western Ontario B.Sc. in Medical Rehabilitation (Physical Therapy) I and (b) Completion of the necessary internship requirements to qualify for membership of the Canadian Physiotherapy Association.

466 Physiotherapists Act Amendment Act 1976, No. 48 NEW ZEALAND (a) Certificate of the Physiotherapy Board of New Zealand, awarded after the prescribed course of study at the New Zealand School of Physiotherapy; and (b) The successful completion of the State Examination in Physiotherapy in New Zealand. SOUTH AFRICA A qualification conferred by a university, college or school in South Africa set out in the following table which qualification is therein set out opposite the name of the university, college or, as the case may be, school which conferred the same. TABLE University, College or School granting qualification Qualification recognized University of Cape Town Pretoria College of Physiotherapy Diploma or Degree in Physiotherapy National Diploma in Physiotherapy Physiotherapy School, King Edward National Diploma in Physiotherapy VIII Hospital, Durban University of Stellenbosch B.Sc. in Physiotherapy University of the Witwatersrand B.Sc. (Physiotherapy) THE NETHERLANDS Certificate of competence as a physiotherapist issued by the Ministry of Social Affairs and Public Health of The Netherlands to graduates of the course of training prescribed by the 1965 Physiotherapists Decree; in The Netherlands the certificate is described as Bewijs van bevoegdheid van Fysiotherapeut, the Ministry is described as Ministerie van Sociale Zaken en Volksgezondheid, and the Decree is described as the 1965 Fysiotherapeutenbesluit. DENMARK Authorization as a Physiotherapist, which is in Denmark called Autorisation Som Fyfioterapeut ", issued by the Minister of the Interior (in Denmark) upon graduation from a School of Physiotherapy at Aarhus, Holstebro or Copenhagen since 1969 or at Skodsporg since 1973.

Physiotherapists Act Amendment Act 1976, No. 48 467 SECOND SCHEDULE [ Section 16 (1) (c)] RESTRICTED QUALIFICATIONS FOR REGISTRATION AS A PHYSIOTHERAPIST FINLAND (a) Qualification as a physiotherapist ( in Finland called a " laakintavoimistelija "); and (b) Qualification as a specialized physiotherapist ( in Finland called a " erikoislaakintavoimistelija "), gained after study at a college of Physiotherapy at Helsinki , Lappeenranta , Tampere , Jyvaskyla, Oulu or Turku. Period of supervised practice in physiotherapy - 6 months. WEST GERMANY (a) Registration as a physiotherapist (in West Germany called a " krankengymnast (in) "); and (b) Graduation since June 1971 from a School of Physiotherapy approved by the German Physiotherapy Association. Period of supervised practice in physiotherapy-] 2 months."