Queensland Numbered Acts Queensland Numbered ActsBefore part 4--
insert--
'In this part--
childbirth means the process of labour and delivery beginning with uterine contractions and ending with the expulsion of the placenta and membranes from the woman giving birth.
health practitioner registration Act means any 1 of the following Acts--
• Chiropractors Registration Act 2001
• Dental Practitioners Registration Act 2001
• Dental Technicians and Dental Prosthetists Registration Act 2001
• Medical Practitioners Registration Act 2001
• Medical Radiation Technologists Registration Act 2001
• Occupational Therapists Registration Act 2001
• Optometrists Registration Act 2001
• Osteopaths Registration Act 2001
• Pharmacists Registration Act 2001
• Physiotherapists Registration Act 2001
• Podiatrists Registration Act 2001
• Psychologists Registration Act 2001
health professional means a registrant under a health practitioner registration Act.
profession means--
(a) the nursing profession as practised by a registered nurse; or
(b) the nursing profession as practised by an enrolled nurse; or
(c) the midwifery profession as practised by a midwife.
professional service means--
(a) for the nursing profession as practised by a registered nurse--a service ordinarily provided by a registered nurse; or
(b) for the nursing profession as practised by an enrolled nurse--a service ordinarily provided by an enrolled nurse; or
(c) for the midwifery profession--a midwifery service.
recognised person, for a profession, means--
(a) for the nursing profession as practised by a registered nurse--a registered nurse; or
(b) for the nursing profession as practised by an enrolled nurse--an enrolled nurse; or
(c) for the midwifery profession--a midwife.
'(1) A person who is not a recognised person for a profession must not take or use a restricted title for the profession.
Maximum penalty--1 000 penalty units.
Examples of an individual taking or using a restricted title--
1 AB describes himself or herself as 'AB, registered nurse'.
2 AB describes himself or herself as 'AB, enrolled nurse'.
3 AB describes himself or herself as 'AB, midwife'.
'(2) Subsection (1) does not apply to a person if--
(a) the person takes or uses a restricted title for a profession as part of a business name for a business providing professional services in the profession; and
(b) in the carrying on of the business by the person, a recognised person for the profession provides professional services in the profession.
'(3) Also, subsection (1) does not apply to a person if--
(a) the person is undertaking an accredited nursing course for a profession; and
(b) the person takes or uses a restricted title for the profession, in conjunction with words indicating the person is a student in the profession.
'(4) A person (the first person) must not, in relation to another person who the first person knows, or ought reasonably to know, is not a recognised person for a profession, use a restricted title for the profession.
Maximum penalty--1 000 penalty units.
'(5) Subsection (4) does not apply to the first person if--
(a) the other person is undertaking an accredited nursing course for a profession; and
(b) the first person uses a restricted title for the profession in relation to the other person, in conjunction with words indicating the other person is a student in the profession.
'(6) A person who is not a recognised person for a profession must not take or use a nursing related title for the profession.
Maximum penalty--500 penalty units.
'(7) Subsection (6) does not apply to a person if--
(a) the person is undertaking an accredited nursing course for a profession; and
(b) the person takes or uses a nursing related title for the profession, in conjunction with words indicating the person is a student in the profession.
'(8) A person (the first person) must not, in relation to another person who the first person knows, or ought reasonably to know, is not a recognised person for a profession use a nursing related title for the profession.
Maximum penalty--500 penalty units.
'(9) Subsection (8) does not apply to the first person if--
(a) the other person is undertaking an accredited nursing course for a profession; and
(b) the first person uses a nursing related title for the profession in relation to the other person, in conjunction with words indicating the other person is a student in the profession.
'(10) In this section--
nursing related title, for a profession, means a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate--
(a) a person is a recognised person for the profession; or
(b) the person is, under this Act, authorised or qualified to practise the profession.
restricted title means a title that consists of, or includes--
(a) for the nursing profession as practised by a registered nurse--registered nurse; or
(b) for the nursing profession as practised by an enrolled nurse--enrolled nurse; or
(c) for the midwifery profession--midwife.
'(1) A person who is not a recognised person for a profession must not--
(a) claim, or hold himself or herself out, to be a recognised person for the profession; or
(b) allow himself or herself to be held out as being a recognised person for the profession; or
(c) claim, or hold himself or herself out, to be eligible to be a recognised person for the profession.
Maximum penalty--1 000 penalty units.
'(2) A person who is not, under this Act, authorised to practise in an area of nursing must not--
(a) claim, or hold himself or herself out, to be authorised to practise in the area of nursing; or
(b) allow himself or herself to be held out as being authorised to practise in the area of nursing; or
(c) claim, or hold himself or herself out, to be eligible to be authorised to practise in the area of nursing.
Maximum penalty--1 000 penalty units.
'A person must not hold out another person as being--
(a) a recognised person for a profession if the person knows, or ought reasonably to know, the other person is not a recognised person for the profession; or
(b) authorised under this Act to practise in an area of nursing if the person knows, or ought reasonably to know, the other person is not authorised to practise in the area of nursing.
Maximum penalty--1 000 penalty units.
'A person whose registration or enrolment is subject to a condition, or is provisional or limited must not--
(a) claim, or hold himself or herself out to be registered or enrolled other than as--
(i) subject to the condition; or
(ii) provisionally; or
(iii) subject to the limitation; or
(b) allow himself or herself to be held out as being registered or enrolled other than as--
(i) subject to the condition; or
(ii) provisionally; or
(iii) subject to the limitation.
Maximum penalty--100 penalty units.
'A person whose authorisation, under this Act, to practise nursing or midwifery is subject to a condition must not--
(a) claim, or hold himself or herself out to be authorised other than as subject to the condition; or
(b) allow himself or herself to be held out as being authorised other than as subject to the condition.
Maximum penalty--100 penalty units.
'(1) A person must not practise nursing unless the person is--
(a) a registered nurse practising the profession as practised by a registered nurse; or
(b) an enrolled nurse practising the profession as practised by an enrolled nurse; or
(c) authorised under this Act to practise in an area of nursing and practising in the area.
Maximum penalty--1 000 penalty units.
'(2) Subsection (1) does not apply to caring for a woman in childbirth.5
'(3) Also, subsection (1) does not apply to--
(a) a health professional carrying out, in the practise of the person's profession, an activity that would ordinarily be carried out in the practise of the profession; or
(b) a person engaged in providing a health service and carrying out an activity that is within the person's professional training and expertise; or
(c) a person, including, for example, a nursing assistant, practising under the supervision of a registered nurse; or
(d) a person who is--
(i) undertaking an accredited nursing course for qualification for registration as a registered nurse or enrolment as an enrolled nurse; and
(ii) practising under the supervision of a registered nurse; or
(e) a person who is--
(i) undertaking study or training for qualification for registration as a health professional; and
(ii) practising under the supervision of a health professional for the relevant health profession or a registered nurse; and
(iii) carrying out an activity that would ordinarily be carried out in the practise of the relevant health profession; or
(f) a person who is--
(i) undertaking a midwifery course accredited by the council; and
(ii) practising under the supervision of a midwife; and
(iii) carrying out an activity as part of the course that would ordinarily be carried out by a midwife; or
(g) a person giving help in an emergency; or
(h) a person carrying out an activity for which no fee or reward is expected or received.
Examples for paragraph (h)--
1 A mother nurses a sick child at home.
2 A person nurses an elderly parent at home.
'(4) Without limiting subsection (1), a person may be practising nursing even if the person carries out 1 or more activities, usually carried out in the practise of nursing, on 1 occasion only or only on a limited number of occasions.
'(1) A person must not care for a woman in childbirth unless the person is authorised under this Act to practise midwifery.
Maximum penalty--1 000 penalty units.
'(2) Subsection (1) does not apply to--
(a) any of the following persons carrying out, in the practise of the person's profession, an activity that would ordinarily be carried out in the practise of the profession--
(i) a registered nurse;
(ii) an enrolled nurse;
(iii) a person authorised under this Act to practise nursing in an area of nursing other than midwifery;
(iv) a health professional; or
(b) a person acting under the supervision of a midwife or a medical practitioner; or
(c) a person undertaking, under the supervision of a medical practitioner or midwife, a midwifery course accredited by the council; or
(d) a person who is--
(i) undertaking an accredited nursing course for qualification for registration as a registered nurse or enrolment as an enrolled nurse; and
(ii) practising under the supervision of a registered nurse; and
(iii) carrying out an activity as part of the course that would ordinarily be carried out by a registered nurse or an enrolled nurse; or
(e) a person who is--
(i) undertaking study or training for qualification for registration as a health professional; and
(ii) practising under the supervision of a health professional for the relevant health profession; and
(iii) carrying out an activity that would ordinarily be carried out in the practise of the relevant health profession; or
(f) a person giving help in an emergency; or
(g) a person carrying out activities for which no fee or reward is expected or received.'.