Physiotherapists Registration (Amendment) Act 1959 (NSW)
| PHYSIOTHERAPISTS | REGISTRATION | (AMEND |
MENT) ACT.
Act No. 19, 1959.
EUzabethn, An Act to prohibit, subject to certain exemptions No. ^ 1 9 5 9 . practice of physiotherapy by unregistered
persons; for this and other purposes to amend the Physiotherapists Registration Act, 1945, as amended by subsequent Acts; and for purposes connected therewith, [Assented to, 14th October, 1959.]
O E it enacted by the Queen’s Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as
follows: —
| Short title, | 1. (1) This Act may be cited as the | ‘Physiotherapists |
| commence? Registration (Amendment) Act, 1959”. | commence |
| ment. |
(2) The Physiotherapists Registration Act, 1945, as amended by subsequent Acts and by this Act, may be cited as the Physiotherapists Registration Act, 1945-1959.
(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
Amendment 2. The Physiotherapists Registration Act, 1945, as
| 9^̂ 945^° | amended by subsequent Acts, is amended— |
| Sec. 2. | (a) (i) by omitting from section two the definition of |
| (interpre- | “Physiotherapy” and by inserting in lieu thereof the following definition—■ |
“Physiotherapy” means the use by external
application to the human body of
massage, being the manipulation of the
soft
| Physiotherapists Registration (Amendment) Act. | 73 |
soft tissues of the human body. No. 1 9 ,1959.
passive movements, remedial exercises,
muscle re-education, electricity, heat,
light, sound, water, ultrasonic therapy
apparatus, or any proclaimed method,
for the purpose of curing or alleviat
ing any abnormal condition of the
human body, and includes the appli
cation of any medical or surgical
appliance so far as the application of
such appliance is necessary in the use
as aforesaid of massage, passive move
ments, remedial exercises, muscle
re-education, electricity, heat, light,
sound, water, or any proclaimed
method.
(ii) by inserting at the end of the same section the following new definition ; —
“Ultrasonic therapy apparatus” means any
| apparatus | employing | ultrasonic |
mechanical vibrations that is capable of being used for the treatment of the human body by way of physiotherapy.
| (b) | by inserting at the end of section eighteen the Sec. 18. | |
|
| (2) For the purpose of ascertaining— | cf. ActNo. 10,1934, s. 5 |
| (a) | whether any provision of this Act or (2). the regulations has been or is being contravened by any physiotherapist; or |
| (b) | whether a physiotherapist is so con ducting himself as to be guilty of misconduct in a professional respect, |
an inspector duly appointed under this section may enter any premises of any physiotherapist in which such physiotherapist is carrying on the practice of physiotherapy and may make such inquiries therein as such inspector may think fit.
(c)
Physiotherapists Registration (Amendment) Act.
| No. 19,1959. | (c) by inserting next after section twenty-one the follow |
| New see. | ing new section : —• |
| 21a. |
| Certificate | 21a. (1) When a person has applied to be regis |
| of |
| provisional | tered, the President of the Board, or, in his absence |
| registration | from the City of Sydney, any other member of the |
| may be | |
| granted, | Board authorised generally in that behalf by the |
| cf. ActNo. | Board, upon being satisfied that such person: — |
| 37,1938, |
| s. 20. | (a) is entitled to be registered under this Act; |
or
| (b) | (i) is of good character; (ii) has attained the age of twenty years; | |||
|
may on payment of the fee to be paid for registration, prescribed under paragraph (g) of subsection one of section thirty-three of this Act, grant to such person a certificate of provisional registration in or to the effect of the prescribed form.
(2) Where a person has obtained a certificate of provisional registration he shall be deemed to be registered under this Act until—
| (a) | the date stated in such certificate as the date upon which the certificate expires, or |
(b) such later date as is fixed by the Board,
the
| Physiotherapists Registration (Amendment) Act. | T5 |
the date so stated or fixed being not later than thre(; TVo. 19,1959.
months after the granting of such certificate :
Provided that if the Board, before the date so stated or fixed, has reason to believe that such person is not entitled to be registered under this Act, it may, without prejudice to his application to be registered under this Act, cancel such certificate; and sudi person shall thereupon cease to be deemed to be registered under this Act.
| (3) | If a person to whom a certificate of |
provisional registration has been granted becomes registered under this Act, his registration shall, unless otherwise decided by the Board, date from the grant ing of such certificate.
| (d) | by inserting next after subsection one of section Sec. 24. | |
|
(1a) Without limiting the meaning of the expres sion “misconduct in a professional respect” in subsection one of this section, a physiotherapist shall be guilty of such misconduct who—^
| (a) | carries on the practice of physiotherapy under a name other than his own name except whilst he is acting as the duly appointed locum tenens of another physio therapist; or |
| (b) | allows the use of his name in connection with the practice of physiotherapy at premises at which he or his duly appointed locum tenens is not in regular attendance for the purpose of practice and supervision during the hours in which such premises are open for the practice of physiotherapy; |
| (c) | allows any person, not being a physio therapist, to practise physiotherapy in contravention of the provisions of section |
twenty-six
76 Physiotherapists Registration (Amendment) Act.
| No. 19,1959. | twenty-six of this Act at premises used by him or his duly appointed locum tenens for the purpose of carrying on the practice of physiotherapy; or |
,(d) advertises otherwise than in accordance with the regulations or advertises in contra vention of the regulations; or
| (e) | for fee, salary, or other reward is employed by or associates himself with a person, not being a physiotherapist or a medical prac titioner, in carrying on the practice of physiotherapy. In this paragraph “person” includes a body or corporation, but does not include— |
(i) the Crown;
(ii) a public hospital or charitable or philanthropic institution;
(iii) a society registered under the Friendly Societies Act, 1912, or any amendment thereof;
(iv) any body or corporation which upon application made for the purpose has been approved by the Board.
The approval of the Board referred to in subparagraph (iv) of this paragraph shall not be granted unless the Board is satisfied that the interests of the public generally or any section of the public, other than physiotherapists, warrant the granting of such approval. Any such approval may be granted subject to any terms and con ditions the Board may think fit to impose, and may be revoked by the Board for any cause which it deems reasonable.
( IB)
| Physiotherapists Registration (Amendmeht)^ Act. | 77 |
(1b) For the purposes of this section, no person No. 1 9 ,1959.
shall be deemed to be a duly appointed locum tenens
unless—
| (a) | he is appointed in writing by a physio therapist ; |
| (b) | he is a physiotherapist at the time of taking up his duties; and |
| (c) | he is employed only during the temporary absence of his employer and for a period not exceeding twelve months or for suc:h further period as the Board may in any particular case permit. |
| (e) | by omittmg section twenty-six and by inserting in Substituted | |
|
26. (1) A person who is not registered under Unregistered
this Act shall n o t -
or hold
| (a) practise physiotherapy; | himself out as physio- |
| (b) | take or use the name or title of physio | ||
|
therapist or physical therapeutist or electro therapist, hold himself out as being a physiotherapist or a physiotherapeutist or a physical therapist or physical therapeutist 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 assumed, taken or used, indicates, or is capable of being understood to indicate, or is calcu lated to lead persons to infer, that he is registered under this Act as a physio therapist, or is qualified to be registered under this Act as a physiotherapist, or is competent or willing to practise physio therapy in contravention of this section.
(2)
78 Physiotherapists Registration (Amendment) Act.
| No. 19,1959. | (2) Nothing in this section shall operate to |
| ---- | prevent the practice of physiotherapy— |
| (a) | by a medical practitioner or a dentist regis tered under the Dentists Act, 1934, as amended by subsequent Acts, in the ordinary course of his practice as a medical practitioner or dentist, as the case may be; |
| (b) | by a nurse acting under instructions given to him or her by a medical practitioner, dentist registered as aforesaid, or physio therapist ; |
| (c) | by a person who practises physiotherapy in the course of his undergoing a course of study and training in physiotherapy con ducted by any body in New South Wales recognised by the Board for the purposes of subparagraph (d) of subsection one of section twenty-one of this Act and who does so acting under the direct instructions and personal supervision of a medical prac titioner, dentist registered as aforesaid, or physiotherapist; |
| (d) | being such part of the practice of physio therapy as consists of the use by external application to the human body of ultra sonic therapy apparatus, by any person authorised by the Board to so use such apparatus; |
| (e) | being such part of the practice of physio therapy as consists of the use by external application to the human body of massage, being the manipulation of the soft tissues of the human body, passive movements, remedial exercises, muscle re-education, or heat— |
(i) by any person in the course of the practice by him of chiropractic, osteopathy or chiropody;
(ii)
| Physiotherapists Registration (Amendment) Act. | 79 |
| (ii) | the practice by him of face or scalp massage where such part of the practice of physiotherapy as |
by any person in conjunction with No. 19,1959. purposes only; or
(iii) by any person in the course of training persons engaged in or ■training for physical culture or ^any games, sports or athletics or for the purpose of curing or alleviating injuries received by persons in the course of their being engaged in or .training for physical culture or .any games, sports or athletics.
(3) In this section—
‘Chiropractic” means the system of palpating and adjusting the articulations of the human spinal column by hand only, for the relief of nerve pressure.
‘Osteopathy” means the adjustment by hand only of the bones or soft tissue of the human body for the purpose of curing or alleviating any disease or abnormal condi tion of the human body.
“Chiropody” means the care of the nails and the treatment of their disorders and the treatment of superficial excrescences of the feet.
| (4) | A person guilty of an offence against |
this section shall be liable to a penalty not exceeding
one hundred pounds.
2 6 a .
Physiotherapists Registration (Amendment) Act.
| No. 19,1959. | 26a. (1) A physiotherapist shall not for fee or |
| Physio- | reward— |
| ttJgrapists |
| not to | (a) diagnose or attempt to diagnose any |
| perform |
| certain acts. | abnormal condition of the human body; |
(b) prescribe any diet for any person;
| (c) | prescribe any drug or medicine for internal use by any person. |
(2) Any person guilty of an offence against this section shall be liable to a penalty not exceed ing one hundred pounds.
| Sec. 29. | (f) by omitting from section twenty-nine the words “or |
| tions to be |
| (Informa | police” ; |
| laid by secretary, etc.) |
| Sec. 33. | (g) by inserting at the end of subsection one of section |
| tions.) |
| (Regula | thirty-three the following new paragraph ; — |
| (h) | specifying the manner in which and the extent to which a physiotherapist is authorised to advertise. |
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