Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023
Plain English Summary
Overview
This bill protects the title 'surgeon' so that only medical practitioners with significant specialist surgical training can use it. It responds to widespread consumer confusion in the cosmetic surgery industry, where any doctor could previously call themselves a 'cosmetic surgeon' regardless of their qualifications, putting patients at risk of serious harm. As Queensland is the host jurisdiction for the national health practitioner law, these changes apply across Australia.
Who it affects
Patients gain clearer information about practitioner qualifications, especially when seeking cosmetic procedures. Medical practitioners without specialist surgical training can no longer use the title 'surgeon' and face penalties of up to $60,000 or 3 years imprisonment if they do.
Key changes
- Only specialists in surgery, obstetrics and gynaecology, or ophthalmology can use the title 'surgeon'
- Titles like 'cosmetic surgeon' and 'aesthetic surgeon' are now restricted to qualified surgical specialists
- Maximum penalty of $60,000 or 3 years imprisonment for individuals, and $120,000 for body corporates, who misuse the title
- Employers and clinics also face penalties for falsely advertising practitioners as surgeons
- Dental surgeons, podiatric surgeons, and other non-medical practitioners can continue using their existing specialist titles
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee20 Apr 2023View Hansard
Referred to Community Support and Services Committee
The Health and Environment Committee examined the bill and recommended it be passed, finding it would meet its policy objectives of protecting the title 'surgeon' within the medical profession and strengthening the regulation of cosmetic surgery in Australia. The committee heard divergent views from medical peak bodies, training organisations, lawyers and insurers, but noted broad agreement that protecting the public from harm caused by unqualified or underqualified practitioners was paramount. The committee was satisfied that any limitations on human rights were reasonable and justified, and that the delegation of legislative power to the Ministerial Council was appropriate.
Key findings (5)
- The majority of stakeholders supported the proposed changes, though medical bodies could not reach agreement on which practitioners should be permitted to use the title 'surgeon'.
- There were no minimum standards for who could call themselves a cosmetic 'surgeon', and the public expected all surgeons to have comparable qualifications and advanced surgical training.
- The committee acknowledged the vital role of rural generalists but accepted that the initial surgical classes were determined by health ministers on expert advice, and that rural GPs could still perform surgeries within their scope of practice.
- The committee found the delegation of power to the Ministerial Council to prescribe additional surgical classes was appropriate, noting safeguards including tabling in the Queensland Parliament.
- The bill also clarifies tribunal decision-making powers under section 196 of the National Law, and the committee found this appropriately balanced practitioner privacy rights with consumer protection.
Recommendations (1)
- The committee recommends the Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023 be passed.
Committee report tabled
▸Second Reading20 Apr 2023View Hansard
▸17 members spoke17 support
As shadow health spokesperson, announced the opposition would not oppose the bill, drawing on personal experience running medical facilities on the Gold Coast where fly-in fly-out unqualified cosmetic operators caused harm to patients.
“I know from personal experience working and running facilities on the Gold Coast that there are fly-in fly-out interstate surgeons who come to Queensland, particularly the Gold Coast, and provide surgeries that more often than not they are not qualified to perform.”— 2023-09-12View Hansard
Supported the bill as chair of the Health and Environment Committee, emphasising it was about patient safety and noting broad agreement that protecting the public from unqualified practitioners was key, despite divergent views among peak bodies.
“One thing is absolutely clear: this bill is about patient safety. Protection of title is incredibly important to the health industry.”— 2023-09-12View Hansard
Supported the bill as a commonsense reform to protect patients from cosmetic practitioners marketing themselves as surgeons without adequate training, citing harrowing examples of patient harm.
“It is a commonsense reform to reflect what the public already reasonably assumes—that doctors calling themselves a surgeon or a cosmetic surgeon should have the advanced surgical training to go along with the title.”— 2023-09-12View Hansard
As deputy chair of the Health and Environment Committee, supported the bill, referencing the Maurice Blackburn submission about the unique commercial nature of cosmetic surgery and the need to protect the public, while acknowledging concerns of rural and remote medicine practitioners.
“At the heart of this legislation is a recognition that in protecting the title of surgeon we also protect the public from unnecessary harm.”— 2023-09-12View Hansard
Supported the bill, highlighting the growing cosmetic surgery industry's risks, the information and power imbalances between practitioners and patients, and the eight to twelve years of training required for genuine surgical qualifications.
“If you are offering to cut deep into a person's body, to break or reshape their bones or to lacerate their skin as a consumer transaction that is costing thousands of dollars, then your potential patients should have the tools to assess exactly how qualified you are to do that work.”— 2023-09-12View Hansard
Supported the bill from a nursing perspective, emphasising the importance of proper regulation and nomenclature in health professions, the impact of body image on self-esteem, and the risks of general anaesthetics in cosmetic procedures.
“I think this legislation is very sound. Perhaps I will leave the last word to my former colleague who used to sit just in front of me, Dr Anthony Lynham. He said, 'It is quite simple: the public just has to know who their surgeon is, who is operating on them.'”— 2023-09-12View Hansard
Supported the bill as a committee member, noting broad stakeholder support while flagging concerns from the Australian College of Rural and Remote Medicine about rural generalists and the impact on ADF surgeon titles.
“When the people of Queensland and the people of Australia are operated on—when they go under the knife—they want to know that they can trust their surgeons. At the heart of it, that is what this legislation is about.”— 2023-09-12View Hansard
Supported the bill, detailing the consultation process, the distinction between cosmetic surgical and non-surgical procedures, and the need to protect patients from predatory practitioners.
“We have heard heartbreaking stories from real-life people about practitioners inadequately prepared for emergencies to poor hygiene and infection control. The damage on some people's lives can be irreversible.”— 2023-09-12View Hansard
Supported the bill to protect the title 'surgeon' and strengthen regulation of cosmetic surgery, emphasising the growing trend of cosmetic procedures and the need to protect consumers from practitioners without appropriate qualifications.
“This bill will ensure this will be an offence for medical practitioners who are not members of a defined surgical class or for those who recklessly hold themselves out as being members of the surgical class by using the title 'surgeon'.”— 2023-09-12View Hansard
Supported the bill as a former dental practitioner, noting the Gold Coast has been dubbed the capital of cosmetic improvements and referencing specific cases of rogue cosmetic practitioners causing patient harm.
“Under the current law, anyone with a basic medical degree can call themselves a cosmetic surgeon. Plastic surgeons, on the other hand, have received at least 12 years of medical and surgical training.”— 2023-09-12View Hansard
Supported the bill, emphasising the normalisation of cosmetic procedures through social media and shopping mall clinics, and the need to protect vulnerable young women from rogue operators.
“If somebody calls themselves a surgeon or a cosmetic surgeon, they should have the appropriate training that goes with that title. This bill can give Queenslanders the confidence and the education that their doctors are appropriately trained and qualified.”— 2023-09-12View Hansard
Supported the bill to reduce public confusion about the title 'surgeon', noting it addresses a gap where any medical practitioner could call themselves a surgeon without significant surgical training.
“By claiming the title of 'surgeon' without the requisite qualifications, these clinicians may have misled patients into the procedures they might not have otherwise consented to.”— 2023-09-12View Hansard
As a registered specialist physician, strongly supported the bill, detailing the independent review findings and extensive stakeholder consultation, while noting concerns about rural generalist recognition and ADF surgeon titles.
“As a registered specialist physician and senior leader of the medical profession in Queensland, I strongly support the amendments and reforms contained within the Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023.”— 2023-09-12View Hansard
Supported the bill, emphasising public trust in the term 'surgeon' and the need to ensure only appropriately trained practitioners can use the title to protect patients from misleading qualifications claims.
“To allow people who have not undergone the appropriate training to use the term 'surgeon' is misleading and undermines the principle of informed and free consent and does absolutely nothing to protect the public and to give the public confidence.”— 2023-09-12View Hansard
Supported the bill to protect the title 'surgeon' and ensure cosmetic surgery is regulated to keep pace with changing beauty trends, noting the inclusion of rural generalist considerations.
“We need to ensure that necessary boundaries are put in place in the medical arena to protect everyone.”— 2023-09-12View Hansard
Supported the bill, noting the explosion in popularity of cosmetic surgery and the need to protect the term 'surgeon' from those who do not meet minimum standards.
“It is important that we protect the term 'surgeon'. Surgeons are recognised by the public as highly respected and highly trained and qualified professionals.”— 2023-09-12View Hansard
In reply, thanked all members for their support and addressed concerns about rural generalists, confirming the bill does not restrict their scope of practice and that the Medical Board is assessing a joint application to recognise rural generalist medicine as a specialist field.
“At its core, this bill is about ensuring Australians can trust that a doctor using the title 'surgeon' has the appropriate qualifications and experience to do so.”— 2023-09-12View Hansard
▸In Detail20 Apr 2023 – 12 Sept 2023View Hansard
That clause 5, as read, be agreed to
Vote on clause 5 of the Police Powers and Responsibilities and Other Legislation Amendment Bill 2023, which contained the expanded police drug diversion program allowing police to divert people found with small quantities of any dangerous drug to health services rather than charging them. ALP, Greens and KAP's Mr Dametto voted in favour; LNP voted against.
The motion passed.
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Ayes (53)
Noes (33)
▸1 clause vote (all passed)
Vote on clause 6
Vote on clause 6 of the Police Powers and Responsibilities and Other Legislation Amendment Bill 2023, which contained further drug diversion scheme provisions. ALP, Greens and KAP's Mr Dametto voted in favour; LNP voted against.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (53)
Noes (33)
Assent date: 20 September 2023