Who can say they are a surgeon in Australia?
Parliament passes a new bill protecting the title ‘surgeon’ in The Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023
In the hands of an unskilled doctor, surgery can cause serious harm to patients, including disfigurement and death. After learning of illegal practices and shocking cosmetic surgery scandals, Australian regulators have decided the industry needs an overhaul.
To keep the public safer, the Parliament of Queensland has enacted an amendment to the 2009 Health Practitioner Regulation National Law Act.
Starting in 2023, the new bill requires that only medical practitioners with appropriate surgical training can claim they are a ‘surgeon’. This includes doctors that refer to themselves as a ‘cosmetic surgeon’ or ‘aesthetic surgeon’.
What is the purpose of this bill?
Parliament wants the public to feel more confident when they choose a surgeon. The bill protects the title of ‘surgeon’ so that only doctors with a high level of surgical training can claim they are a surgeon. This will theoretically make it easier for the public to decide who to trust for their surgery.
Goals of the bill:
1. To protect the title of ‘surgeon’ within the medical profession by tightening regulations on who can claim to be a ‘surgeon’ in Australia.
2. To help consumers make better-informed decisions about their healthcare.
3: To clarify the role tribunals have when making decisions on hearing matters regarding a health practitioner.
Quick Facts About the New Bill
Here are a few things you need to know to understand the bill.
What is the new bill called?
The bill has been officially named the Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023.
What bill is it amending?
It is an amendment to the Health Practitioner Regulation National Law Act 2009.
Definitions You Need to Know to Understand the Bill
The bill pertains to members of the surgical class. The bill defines the term ‘surgical class” as medical practitioners that hold a registration in any of the following recognised medical specialities:
- Surgery
- Ophthalmology
- Obstetrics and Gynaecology
What does it mean to be ‘registered’ in these specialties?
To be formally registered in these particular specialities, the medical practitioner must have successfully completed extensive Australian Medical College (AMC) surgical training. International medical graduates may qualify if they completed equivalent training.
The Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023
Here are the biggest changes to know in 2023:
Section 115A
This section explains who cannot use the title ‘surgeon’ and what penalties they may face:
“A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following—
(a) take or use the title “surgeon”;
(b) take or use a 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 the practitioner is a member of a surgical class;
(c) claim to be, or hold out as being, a member of a surgical class.
Maximum penalty—
$60,000 or 3 years imprisonment or both.”
-Excerpt taken from the Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023.
“A person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class—
(a) take or use the title “surgeon” in relation to the practitioner;
(b) take or use a title, name, initial, symbol, word or description that, having regard to 14 the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class;
(c) claim the practitioner is, or hold the practitioner out as being, a member of a surgical class.
Maximum penalty—
(a) in the case of an individual—$60,000 or 3 years imprisonment or both; or
(b) in the case of a corporate body—$120,000
-Excerpt taken from the Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023.
Clause 5 — Section 196(4)
This section explains the role tribunals will have when deciding on hearing matters about a health practitioner:
“If the tribunal decides to cancel a person’s registration under this Law or the person does not hold proper registration under this Law, the tribunal may also do one or more of the following—
(a) disqualify the person from applying to register as a registered health practitioner for a specified period;
(b) prohibit the person, either permanently or for a stated period, from doing one or both of the following—
(i) providing any health service or a specified health service;
(ii) using any title or a specified title;
(c) impose restrictions, either permanently or for a stated period, on providing any health service or a specified health service by the person.”
-Excerpt taken from the Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023.
Why is all this important?
The goal of the bill is not to create red tape or impose stricter penalties for the sake of it. Officials say the changes introduced by the bill are meant to keep the public safe, making it a human rights issue.
How does this affect patients like you?
If you are considering surgery, choosing a qualified surgeon is perhaps the most important decision you can make. With this bill, it should be a little easier to decide who to trust for surgery.
Where can I learn more?
https://www.legislation.qld.gov.au/view/whole/html/bill.first/bill-2023-008
What about cosmetic surgeons?
Until now, some doctors claiming to be ‘cosmetic surgeons’ or ‘aesthetic surgeons’ have offered liposuction, abdominoplasty (tummy tucks), rhytidectomy (facelift surgery), breast augmentation, and more. That can have disastrous consequences, leading to botched surgery and even the loss of life.
While the new bill defines who can say they are a surgeon, more updates are still to come in near future — specifically for cosmetic surgeons.
The Australian Medical Council (AMC) is still working on defining what programs will count as ‘relevant training’ for cosmetic surgery.
‘The outcomes, and the answers to these important questions, will emerge as cosmetic surgery training programs are assessed,’ the MBA stated. Source
UPDATE: Effective 19 April 2023, new accreditation standards for cosmetic surgeons are emerging:
- Cosmetic surgery has been officially endorsed as its own area of medical practice. Source
- “Doctors who have completed a program that has been assessed and accredited by the AMC will be able to apply to the Medical Board to have an endorsement for cosmetic surgery on their registration.” Source
- “This information will be published on the public register allowing people to see who is qualified to practise.” Source
