Australian Health Ministers Advisory Council – Regulation of Unregistered Health Practitioners

On the 28th February 2011, the Australian Health Ministers Advisory Council (AHMAC) released a consultation paper “Options for the regulation of unregistered practitioners”.

The purpose of the consultation paper is to gather information and views and to determine the adequacy of current protection available for consumers who use the services of unregulated health practitioners. The unregulated health practitioners referred to in the consultation paper include, but are not limited to:

Audiologists and audiometrists
Complementary health practitioners
Counsellors and psychotherapists
Dental technicians (in states and territories other than Qld)
Dental assistants
Dieticians
Homeopaths
Hypnotherapists
Naturopaths and Western Herbalists
Massage therapists
Music therapists, dance and dram therapists
Optical dispensers
Orhtoptists
Orthotists and prosthetists
Pharmacy assistanants
Phiebotomists
Reiki practitioners
Sonographers
Speech pathologists (in states and territories other than Qld)

This is not a conclusive list and any practitioner who provides a service that could be defined as a health service and is not registered under the National Scheme may be considered within the scope of the consultation (e.g. Nutritionists, Aromatherapists, Myotherapists, Musculoskeletal therapists etc).

The consultation paper has been prepared in accordance with Council of Australian Governments (COAG) which requires that a Regulatory Impact Statement (RIS) be prepared and published.

The consultation paper will consider whether there is a need for strengthened regulatory protection for consumers in relation to unregistered health practitioners and if further protection is required.

The options outlined in the consultation paper for consideration for regulation of unregistered health practitioners are:

Option 1: No change – rely on existing regulatory and non regulatory mechanisms
Option 2: Strengthen self regulatory arrangements – a voluntary code of practice
Option 3: Strengthen health complaints mechanisms – a statutory code of conduct

Currently NSW has a regulatory scheme and a Code of Conduct that applies to all unregistered practitioners in NSW and South Australia are considering similar regulations.

Interested parties are invited to make submissions addressing issues in the consultation paper and the full consultation paper can be viewed at www.ahmac.gov.au .