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©State of Queensland
Brisbane, 5th April, 1990 HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of thecMedical Act 1939-1988, has been pleased to approve of the following by-laws made by The Medical Board of Queensland.
K. V. McELLIGOTT MEDICAL BOARD OF QUEENSLAND ADVERTISING BY-
LAWS 1990
1. Short title. These by-laws may be cited as the Medical Board of Queensland Advertising By-laws 1990.
2. Repeal. The Medical Board of Queensland Advertising By-laws 1981 are repealed.
3. Interpretation. In these By-laws, unless the contrary intention.
appears-
"advertised" means advertised in any manner whatsoever whereby reference is made (whether directly or indirectly) to a medical practice or its existence or to a person who conducts a medical practice or to a medical practitioner,
"associated" means, in relation to a person, associated with a medical practice in any way whatsoever including (but without limiting the generality of the foregoing) being a partner, employee, agent, director, secretary or receiving any benefit whatsoever directly or indirectly from the conduct of the practice;
"medical practitioner" includes a specialist;
"medical practice" means the performance of any act or the provision of any service of a medical nature;
"name of the practice" includes the name of any medical prac- titioner associated with the medical practice and his quali- fications as shown in the Register, qualifications granted by recognised tertiary institutions, Imperial and Australian Honours, and such other degrees, diplomas, honours or awards as may be approved by the Board as being suitable for inclusion, his prescribed specialty designation (if any) and such area or areas of special interest as may from time to time be approved by the Board with or without conditions for him;
"practice" means a medical practice;
"prescribed specialty designation" means the name of the spe- cialty in which a specialist is registered or such other title as the Board may recognise as appropriate for that specialty;
"prescribed terms" means the terms "Doctor", "Medical Centre",
"Surgery", "Doctor's Surgery", "Oinic", "After Hours Sur- gery" (in the case of a medical call service) or such other terms, titles or areas of special interest as may from time to time be approved by the Board with or without conditions and whether generally or for a specific medical practice.
Gov. Gaz., 7th April, 1990, No. 92, pages 1766-71
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4. Practice names. A medical practice shall not be carried on in a name which is not-
(a) the personal name of a medical practitioner;
(b) the personal names of each of the medical practitioners who conduct a practice in partnership; or
(c) a business or corporate name approved by the Board, 5. Advertisins a practice. ( 1) A medical practice shall not be advertised otheiWise than in compliance in every respect with the provisions of these by-laws.
(2) Clause ( 1) does not apply where the name of a medical practitioner-
( a) is mentioned as being the spokesman for or being involved with the Australian Medical Association, the Royal Austra- lian College ·of General Practitioners, a specialist college or association membership in which is a prerequisite for reg- istration as a specialist and any other college or association which the Board may approve for the purposes hereof;
(b) is listed as being involved with any charity.
6. Announcements. ( l) An announcement may be made in relation to a medical practice-
(a) in a newspaper if, but only if, it is made in accordance with clause (2);
(b) by a circular if, but only if, it is made in accordance with clause (3);
(c) by some other manner if, but only if, it is made with the prior written approval of the Board and in accordance with any directions given by the Board.
(2) (a) An announcement made in a newspaper-
(i) shall contain no particulars other than the prescribed particulars;
(ii) shall not be made except with respect to a prescribed purpose;
(iii) shall, in relation to the change of hours of operation of a medical practice, be made once only during any period of six months;
(iv) shall appear in not more than two newspapers circulating in the area of the medical practice;
(v) shall not exceed 7.5cm in width and 4cm in depth;
and
(vi) shall be made once only in relation to any one event or change of circumstances of a medical practice.
(b) In this clause "announcement" means not more than five notices appearing on different dates during a period not exceeding one month.
(3) An announcement made by a circular-
(a) shall be made on stationery and enclosed in an envelope both of which meet the requirements of these By-laws;
(b) shall not be sent to any person other than to medical practitioners and to bona fide patients of the medical practice to which it relates;
(c) with respect to an announcement to patients, shall not contain any particulars other than the prescribed particulars and shall not be made except-
(i) with respect to a prescribed purpose;
(ii) in relation to the change of hours of operation of any practice, once only during any period of six months; and (iii) once only in relation to any one event or change of
circumstances of a medical practice.
(4) The Board may give its written approval for an announcement to be made in a manner and frequency different from that specified in clauses (2) and (3), if the medical practice to which the announcement relates is in an isolated area or other special or exceptional circumstances exist and the Board may specify any directions that must be complied with in making the announcement.
(5) In this By-law, "prescribed particulars" in relation to a medical practtce··means-
(a) the name of the practice;
(b) the address or addresses where the practice is carried on;
(c) the telephone number or numbers of the place or places where the practice is carried on;
(d) the after hours telephone number of the practice;
(e) the title "doctor" or such other title as is approved by the Board that indicates or could be understood to indicate that the practice is a medical practice;
(f) the days and hours of attendance;
and
(g) details of the reason for the announcement as set out in clause (6).
(6) In this By-law, "prescribed purpose" in relation to a medical practice means-
(a) the commencement of a practice;
(b) the entry of a new partner or principal into an existing practice;
(c) the change of name of the practice;
(d) the extension of a practice to a new location;
(e) the change in hours of operation of a practice;
(f) the closure of a practice for a period in excess of seven days;
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(g) the resumption of a practice following a closure for a period in excess of seven days;
(h) a change of the address where a practice is carried on;
(i) the sale of a practice;
G) the telephone number of the practice where such number inadvertently does not appear in a Telecom directory.
7. Directory entries. (1) An entry may be made in relation to a
medical practice- / ·
(a) in a Telecom telephone directory;
(b) in any commercial telephone directory;
(c) in any video directory.
(2) An entry in a telephone directory (Telecom or commercial)- (a) with respect to the print, shall not exceed 2mm in height
but may be in bold type;
and
(b) shall not contain any words other than- (i) the name of the practice;
(ii) the address or addresses of the premises where the practice is carried on;
(iii) the telephone number or numbers of the practice;
(iv) the after hours telephone numbers;
and
(v) the term "Doctor", and any one of the terms "Medical Practitioner", "Family Doctor", "Family Physician" or
"General Practitioner".
(3) An entry in a video directory shall be confined to a single screen image and shall not contain any words other than those prescribed by clause (2) (b).
8. Stationery. The advertising matter appearing on any stationery used in relation to a medical practice shall be limited to-
(a) the name of the practice;
(b) in relation to each medical practitioner, one of the terms
"Doctor", "Medical Practitioner", "Family Doctor", "Fam- ily Physician" or "General Practitioner";
(c) where previously approved by the Board, the words "24 Hour Medical Centre" or "After Hours Medical Service";
(d) the days and hours of attendance;
(e) the business addresses and telephone numbers;
(f) a logo;
and
(g) the after hours telephone numbers.
9. Envelopes. The advertising matter appearing on an envelope used in relation to a medical practice shall be limited to-
(a) the name of the practice;
(b) the business address;
and
(c) the telephone numbers.
10. Signs. (1) Signs may be erected in relation to a medical practice at or near any premises where the practice is carried on.
(2) The wording on any sign shall be limited to- (a) the name of the practice;
(b) any one (or if approved by the Board with respect to a specific practice any two or more) of the prescribed terms;
(c) the telephone number or numbers;
(d) the days and hours of attendance;
(e) the after hour telephone number or other after hour arrange- ments for the practice;
(f) the business address of the practice;
(g) if the premises may otherwise be difficult to locate a plan, diagram or some other means indicating the location of the premises;
(h) the location of the car parking facilities which may be utilized by patients of the practice. ·
11. Advertisement Language. Any advertising of a medical practice permitted by the provisions of these by-laws may be made in English and in any one or more other languages with which some person, associated with the practice and normally present at the premises where the practice is carried on, is sufficiently conversant to permit, by the use of such language or languages, the provision of any service of a medical nature normally provided by the medical practice and any such permitted advertising may include an indication in English of such ability.
12. Directions. If the Board is ofthe opinion that a medical practice is being advertised in any manner or by any method contrary to any provision of these by-laws, the Board may give to any medical practi- tioner associated with the practice directions in writing to remove, alter, amend or discontinue the advertisement in question and specify a time within which such directions must be implemented.
13. Compliance. (1) Every medical practitioner who is associated with a medical practice shall ensure that the provisions of these by- laws are complied with or, as the case may be, are not contravened with respect to the practice.
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(2) Where it is proved in any proceeding for a breach of these by- laws that a medical practice was advertised, whether or not the person who in fact caused or permitted the practice to be so advertised is a medical practitioner, every medical practitioner associated with the practice shall be taken to have sanctioned that advertising.
14. Offences. (1) A person who contravenes or fails to comply with a provision of these By-laws commits a breach of these By-laws.
(2) A person who fails to do that which he is directed to do or does that which he is forbidden to do by a person acting under the authority of these By-laws commits a breach of these By-laws.
(3) A person who commits a breach of these By-laws shall be liable to a penalty of 30 penalty units.
Certificate
The foregoing by-laws were made at a meeting of The Medical Board ofQueensland held on 28th November, 1989.
G. R. SCOTT, Registrar I. S. WILKEY, President
S. R. Hampson. Government Printer, Queensland
