AUSTRALIAN NATUROPATHIC NETWORK
 Serving the community since 1998

The following extracts are taken from the Queensland government's Medical Act 1939.

Take special note of Section 47 Part 4C.

We are still examining the Act for other relevant sections.

PART 6—PROHIBITED PRACTICES

Prohibited practices

47.(1) No person other than a medical practitioner shall advertise or hold himself or herself out as being, or in any manner pretend to be or possess the status of, or take or use or by inference adopt (either alone or in conjunction with any other title, word, or letter) the name, title, or letters of a physician, doctor of medicine, licentiate in medicine or surgery, master in surgery, bachelor of medicine or surgery, doctor, surgeon, medical or qualified or registered practitioner, apothecary, accoucheur, or take or use or by inference adopt any other medical or surgical name, title, or letters implying, or that may be construed to imply, that the person is a medical practitioner, or that the person is qualified to practise medicine.

(1A) Subsection (1) does not apply in respect of anything said or done by a person authorised to practise medicine or any branch thereof under a law of any other State or a Territory, for the purpose of the person giving to another person medical aid which is reasonable having regard to that other person’s condition at the time and to all the circumstances of the case.

(2) No person other than a medical practitioner shall advertise or hold himself or herself out as being, or in any manner pretend to be or possess the status of, or take or use or by inference adopt (either alone or in conjunction with any other title, word, or letter) the name, title, or letters of a specialist with respect to any branch of medicine, or take or use or by inference adopt any other medical or surgical name, title, or letters implying, or that may be construed to imply, that the person is a specialist or qualified to practise as a specialist with respect to any branch of medicine.

(3) On and after 1 January 1942, no medical practitioner other than a specialist shall advertise or hold himself or herself out as being, or in any manner pretend to be or possess the status of, or take or use or by inference adopt (either alone or in conjunction with any other title, word, or letter) the name, title, or letters of a specialist with respect to any branch of medicine, or take or use or by inference adopt any other medical or surgical name, title, or letters implying, or that may be construed to imply, that the specialist is or is qualified to practise as a specialist with respect to any branch of medicine.

(4) Any person who advertises or holds himself or herself out as being or in any manner pretends to be or possess the status of, or takes or uses (either alone or in conjunction with any other title, word, or letter) the name, title, or letters of ‘consultant’ (or of any word or words which may be construed to imply that the person is a ‘consultant’) with respect to medicine or any branch of medicine, shall—

(a) if the person is not a medical practitioner—be deemed to hold himself or herself out as being a medical practitioner; or

(b) if the person is a medical practitioner—be deemed to hold himself or herself out as being a specialist.

(4AA) In the case of a medical practitioner referred to in subsection (4)(b) it shall be immaterial that the holding out does not refer to any particular specialty.

(4A) Any person who advertises or exhibits any diploma, certificate, membership, licence, letters, testimonial or any title, status or document, or takes or uses any letters (either alone or in conjunction with any title, word or letter) which may be construed to imply that the person is qualified to practise medicine or any branch of medicine shall, if the person is not a medical practitioner, be deemed to hold himself or herself out as being a medical practitioner.

(4AB) It shall be immaterial that the holding out does not refer to the actual practice of medicine.

(4AC) Subsection (4A) does not apply to the advertising or exhibiting by a person who is duly registered under an Act of this State (whether passed before or after the enactment of subsection (4A)) which provides for the registration of persons practising any branch of medicine—

(a) of a certificate of that registration; or

(b) of any diploma or other document evidencing the qualification entitling the person to registration under the Act in question; nor does subsection (4A) apply to the advertising or exhibiting by a person of a degree or diploma in a branch of medicine of a university in the Commonwealth at any time when an Act of this State does not provide for the registration of persons practising that branch of medicine.

(4B) Any person who uses the title ‘doctor’ or any abbreviation of that title (whether alone or in conjunction with any title, word or letter) where such title or abbreviation may be construed to be used to confer upon such person the status of a medical practitioner shall be deemed to hold himself or herself out as being a medical practitioner.

(4C) Any person who in the course of, or for a purpose of or connected with the practice or attempted practice of medicine or any branch of medicine displays, exhibits, uses or purports to use a sphygmomanometer, stethoscope, a hypodermic syringe or an X-ray apparatus shall be deemed to hold himself or herself out as being a medical practitioner unless he or she is a person who, in the case of display or exhibit only of such an instrument or apparatus, does so only for the purpose of acting or, in any other case, is acting solely under the supervision and instruction or upon the request (whether made directly to the person or otherwise) of a medical practitioner or, in the case of an X-ray apparatus, he or she is a person who, under the Radioactive Substances Act 1958, is lawfully entitled to use the same or he or she is a person authorised by the by-laws to use the thing in question.

(5) Every person who by himself, herself or by an assistant, servant, agent, or manager, and every person who as assistant, servant, agent, or manager on behalf of another, does or permits any act, matter, or thing contrary to any provision of subsection (1), (2) or (3) shall be guilty of an offence and liable to a penalty of not less than 1 penalty unit nor more than 30 penalty units, or to imprisonment for a period not exceeding 6 months.

(6) Every person who exhibits or publishes, or causes, permits, or suffers to be exhibited or published, any letter, circular, placard, handbill, card, or advertisement of any kind whereby any person other than himself or herself advertises or holds out or is advertised or held out contrary to any provision of subsection (1), (2) or (3), or attempts so to do, shall be guilty of an offence and liable to a penalty of not less than 1 penalty unit nor more than 30 penalty units.

(7) Where in any proceedings for an offence against this section it appears from any document or paper that any person is advertised or held out contrary to any provision of this section, the defendant shall be convicted unless the defendant proves to the satisfaction of the adjudicating court that the defendant did not authorise and was not responsible for such advertising or holding out.

(8) This section shall not apply to any newspaper proprietor or publisher publishing such advertisement before written notice from the registrar that such advertisement is contrary to this section.

Unauthorised advertising prohibited

Unauthorised advertising prohibited

47A. A person shall not—

(a) advertise in Queensland; or

(b) in Queensland, do any act or take any step to cause to be advertised outside Queensland;

the availability in Queensland of a medical service from another person who is a medical practitioner, specialist or medical company otherwise than in accordance with an authorisation obtained from the other person and, if there is an approved form for the authorisation, under an authorisation in the approved form.

Maximum penalty—30 penalty units.

All extracts taken from Queensland goverment's Medical Act 1939.