South Australian Repealed Regulations

This legislation has been repealed.

CHIROPODISTS REGULATIONS 1989 - SCHEDULE 2

Schedule 2—The Chiropody Code

1—Citation

This code may be referred to as the Chiropody Code .

2—Interpretation

In this code, unless the contrary intention appears—

the Act means the Chiropodists Act 1950 ;

country town means a municipality or township (as defined in the Local Government Act 1934 ) the whole of which is situated more than 32 kilometres from the General Post Office, Adelaide;

premises includes mobile clinics.

3—Advertising

A chiropodist must not advertise his or her services or professional practice otherwise than in accordance with this code.

4—Prohibition on publication of derogatory or untrue statements

        (1)         A chiropodist must not publish or cause the publication of—

            (a)         any statement derogatory of any other chiropodist with respect to the practice of his or her profession; or

            (b)         any false or misleading statement relating to the practice of chiropody.

        (2)         Subclause (1)(a) does not apply to statements made by a chiropodist where he or she is required by law to give evidence before any court, tribunal, or other body.

5—Publication of notices

        (1)         A chiropodist may advertise—

            (a)         that he or she has taken over the practice of another chiropodist, or that another chiropodist has taken over his or her practice; or

            (b)         that he or she has commenced practice or has moved the place of his or her practice; or

            (c)         that he or shehas commenced or ceased practice in partnership with another chiropodist; or

            (d)         that he or she has ceased or resumed practice.

        (2)         The advertisement must—

            (a)         appear only in the public or professional notice columns of a newspaper or journal circulating in the State; and

            (b)         appear over a period not longer than three months; and

            (c)         not contain any information other than the following:

                  (i)         the name of the chiropodist and the address where he or she may be consulted;

                  (ii)         the chiropodist's qualifications as set out in the register kept pursuant to the Act;

                  (iii)         the chiropodist's hours of attendance;

                  (iv)         the chiropodist's telephone number;

                  (v)         the title "Podiatrist", "Chiropodist", or a combination of those titles; and

            (d)         not—

                  (i)         contain any unusual printing; or

                  (ii)         appear more than once in any issue of the newspaper or journal; or

                  (iii)         contain any graphic display; or

                  (iv)         exceed a single column in width or more than three centimetres in depth; or

                  (v)         appear in a type size or density exceeding 12 point light face.

6—Advertising in country newspapers

        (1)         A chiropodist who visits a country town for professional purposes may publish a notice in a newspaper or journal circulating in that town.

        (2)         The notice must not contain any information other than the following:

            (a)         the name of the chiropodist and the address where he or she may be consulted in that country town; and

            (b)         the chiropodist's qualifications as set out in the register kept pursuant to the Act; and

            (c)         the chiropodist's hours of attendance at the country town; and

            (d)         the chiropodist's times of arrival at, and departure from, the country town; and

            (e)         the chiropodist's telephone number; and

            (f)         the title "Podiatrist", "Chiropodist" or a combination of those titles.

        (3)         A notice published under this clause must comply with the requirements of clause 5(2)(d) of this code, except that where it is necessary to advertise visits to more than one country town, the notice may exceed three centimetres in depth.

7—Display of signs etc

A chiropodist must not display any sign or plate in relation to his or her professional practice otherwise than in accordance with this code.

8—Restrictions on display of signs or plates

        (1)         A chiropodist may display a sign or plate in each of the following places:

            (a)         attached to the outside of any premises in which he or she carries on practice; and

            (b)         where the chiropodist is the occupant of a portion only of a building in which he or she carries on practice, attached to or painted on an interior access door in such a building.

        (2)         The sign or plate must—

            (a)         not exceed an overall length of 50 centimetres nor a height of 30 centimetres;

            (b)         not contain letters that exceed eight centimetres in height;

            (c)         not contain any information other than the following:

                  (i)         the name of the chiropodist; and

                  (ii)         the chiropodist's qualifications as set out in the register kept pursuant to the Act; and

                  (iii)         the chiropodist's hours of attendance; and

                  (iv)         the chiropodist's telephone number; and

                  (v)         the title "Podiatrist", "Chiropodist" or a combination of those titles (but so that the title is next to the name of the chiropodist and is not in a type size larger than the type size of the name of the chiropodist); and

                  (vi)         where the chiropodist is the occupant of a portion only of a building in which he or she carries on practice, a description of the precise location of the chiropodist's premises within the building.

        (3)         A chiropodist may display an additional sign or plate (not exceeding an overall length of 100 centimetres or a height of 20 centimetres) outside of any premises in which he or she carries on practice bearing the title "Podiatrist", "Chiropodist" or a combination of those titles.

        (4)         Where a chiropodist has taken over a practice formerly carried on by another chiropodist, and carries on his or her practice in the premises where that other chiropodist formerly practised, the chiropodist may display the name of such other chiropodist on a sign or plate outside the premises for a period of one year from the time when he or she took over the practice, but that sign or plate must comply with the requirements of subclause (2) relating to size and lettering.

        (5)         Where a chiropodist is the occupant of a portion only of a building the chiropodist may, with the prior approval of the board, permit his or her name to be displayed—

            (a)         in a directory of occupants maintained in the building; and

            (b)         on such other signs or notices (that do not exceed an overall length of 100 centimetres or a height of 20 centimetres) that are necessary to enable members of the public to locate the chiropodist's rooms.

        (6)         A chiropodist must not display in connection with his or her professional premises—

            (a)         any sign or plate that the board has directed the chiropodist to remove; or

            (b)         any showcase or similar display exhibiting items for sale.

9—Display of signs in country towns

A chiropodist who intends visiting a country town for professional purposes may at any time within two weeks before commencing to consult in that town, attach a sign not exceeding 50 centimetres in length and 30 centimetres in height outside of the premises where he or she intends practising, stating the chiropodist's days and hours for attendance in that town.

10—Prohibition on display of fees

A chiropodist must not display within his or her professional premises any sign setting out the fees payable for particular services provided by him or her that is visible to a person outside of those premises.

11—Directory entries

A chiropodist must not cause his or her name to appear in a telephone or other directory in a type more prominent than that ordinarily used for private subscribers.

12—Appointment cards

        (1)         A chiropodist may issue an appointment card to his or her patients.

        (2)         The card may state the chiropodist's name, address, telephone number, qualifications (as set out in the register kept pursuant to the Act) and any details relating to the relevant appointment.

13—Posting of notices to patients

A chiropodist may send a notice in relation to his or her professional practice to his or her patients or to another chiropodist.

14—Employed chiropodists not to approach former employer's patients

A chiropodist who is, or has been, employed by another chiropodist must not approach any patient that the employee has attended during his or her employment for the purpose of informing the patient that he or she intends leaving or has left his or her employment.

15—Prohibition on personal endorsements etc

        (1)         Subject to subclause (2), no chiropodist may—

            (a)         permit his or her name to appear on foot appliances, preparations, shoes or other articles that are offered for sale to the public;

            (b)         permit any personal recommendation of any medical, surgical or other appliance or any medicinal or other preparation to be published in writing or by means of the electronic media;

            (c)         permit any letter or report of any interview in relation to diseases or treatments of the feet to be published under his or her name, except in such official or technical publications as are approved by the board;

            (d)         make any statement or give any interview or a report relating to the practice of chiropody or to diseases or treatments of the feet that is intended for publication or public broadcast.

        (2)         Paragraphs (c) and (d) of subclause (1) do not operate to prevent—

            (a)         the chairman of The Chiropody Board of South Australia; or

            (b)         the president of the Australian Podiatry Association (South Australia); or

            (c)         the Head of Chiropody at an academic institution approved by the board; or

            (d)         any person authorised by the chairman of the board or the president of the Australian Podiatry Association (South Australia),

from acting in his or her own name in that capacity.

16—Prohibition on soliciting patients etc

A chiropodist must not—

            (a)         solicit patients or work; or

            (b)         pay a commission, or any other form of remuneration or give a discount to any person for the introduction of patients; or

            (c)         share fees with any other person who is not a partner or employee of the chiropodist.

17—Prohibition on sharing profits with unregistered persons etc

A chiropodist must not—

            (a)         enter into any agreement with an unregistered person for the sharing of profits from the practice of chiropody; or

            (b)         by his or her assistance or co-operation, enable an unregistered person to practice chiropody for fee or reward, contrary to section 27 of the Act.

18—Honour and status of profession to be upheld etc

Every chiropodist must—

            (a)         do his or her utmost to maintain and uphold the honour and status of the chiropody profession; and

            (b)         refrain from any conduct that is or may be detrimental to the honour or interests of the chiropody profession or is calculated to bring the profession into disrepute.