BACKGROUND

The Health Professions Registration Act 2005 (HPR Act) is new Victorian legislation which became operational on 1 July 2007, replacing the Chinese Medicine Registration Act 2000. One of the main purposes of the HPR Act is to 'protect the public' by providing for:

• the registration of acupuncturists, Chinese herbal medicine practitioners, and dispensers of Chinese herbs, and
• investigations into the professional conduct and fitness to practise of registered practitioners.

Other main purposes of the HPR Act include the continuation of the Chinese Medicine Registration Board of Victoria (CMR Board) and the regulation of advertising by members of the profession (see section 1 of the HPR Act).

Register of Chinese Medicine Practitioners

Practitioners can apply to be registered in one or more of the following divisions in the Register of Chinese medicine practitioners:

• Chinese herbal medicine practitioners
• Acupuncturists
• Chinese herbal dispensers

Why is it necessary to register?

It is a legal requirement for all acupuncturists and Chinese herbal medicine practitioners in Victoria to apply for registration in the Register of Chinese Medicine Practitioners.

Part 5 of the HPR Act states that it is an offence for any practitioner in Victoria who is not registered under the HPR Act to:

• hold themselves out to be qualified to practise as a 'Chinese herbal medicine practitioner', an 'Acupuncturist' or a 'Chinese herbal dispenser'; or
• use any of these titles (or any of the other titles listed in section 80(2) of the Act); or
• claim to be qualified to practise Chinese medicine.

Exception: registration with other board

The ONLY exception that can occur to the need for a Victorian practitioner to register under the HPR Act is if he or she is registered with another Victorian board, and as a registered medical practitioner, nurse, dental care provider, chiropractor, osteopath, physiotherapist, pharmacist, podiatrist or optometrist have been endorsed by their own board to use certain titles of the Chinese medicine profession (ie 'Acupuncturist').

Non-Victorian practitioners

Non-Victorian practitioners have the option of seeking registration under the Victorian HPR Act. However, if a Chinese medicine practitioner intends to practise (using the protected titles or claiming to be qualified) in Victoria, he or she MUST apply for registration prior to doing so. Otherwise, their practice in Victoria may be in breach of the HPR Act.

Temporary visitors to Australia

Temporary Visitors to Australia who intend to practise acupuncture, Chinese herbal medicine, or Chinese herbal dispensing in Victoria may apply for registration. Otherwise, their practice in Victoria may be in breach of the HPR Act.

A temporary visitor's application for registration will be considered under Section 7 of the Act (see next page, 'specific' registration).

Non-Chinese medicine acupuncturists

Practitioners who practise acupuncture within a tradition other than Chinese medicine (and who are not registered with another health practitioner registration board in Victoria) MUST apply to the CMR Board for registration in the division of Acupuncturists if they wish to use the title 'Acupuncturist'. Otherwise, their practice may be in breach of the HPR Act.

If registration is granted, the practitioner will be required, at all times during practice, to follow the relevant guidelines (and other requirements) set by the CMR Board to ensure safe and competent needling practices, including proper infection control procedures.

Conditions may be attached to registration

The CRM Board may attach conditions on the registration of non-Chinese medicine practitioners.