New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 10AH

10AH Certain foot care services not to be provided by unregistered persons

(1) A person must not, in the course of providing a foot care service, perform any invasive procedure on the feet or toenails under anaesthesia unless the person is:

(a) a registered podiatrist, or

(b) a registered medical practitioner.

Maximum penalty: 50 penalty units.

(2) A person must not, in the course of providing a foot care service, carry out surgical debridement of hypertrophic tissue of the foot using a sharp instrument unless the person is:

(a) a registered podiatrist, or

(b) a registered medical practitioner, or

(c) a registered nurse and the debridement is carried out to the extent necessary to provide immediate relief from pain or discomfort.

Maximum penalty: 50 penalty units.

(3) A person must not, in the course of providing a foot care service, treat a disorder of or injury to the foot knowing that the person treated:

(a) has a medical condition causing inadequate blood circulation to their feet, or

(b) has peripheral neuropathy affecting their feet,

unless the person providing that treatment is:

(c) a registered podiatrist, or

(d) a registered medical practitioner, or

(e) a registered nurse, or

(f) a registered chiropractor, or

(g) a registered osteopath, or

(h) a registered physiotherapist, or

(i) a registered pharmacist.

Maximum penalty: 50 penalty units.

(4) For the purposes of this Division, a procedure or treatment referred to in subsection (1), (2) or (3) that is carried out in the circumstances set out in those subsections is a restricted health service.

(5) An authorised person or inspector appointed under any of the following Acts is authorised to ascertain whether this section is being complied with:

(a) Podiatrists Act 2003 ,

(b) Medical Practice Act 1992 ,

(c) Nurses and Midwives Act 1991 .

(6) An authorised person or inspector is not to exercise any function under subsection (5) except with the approval of the Director-General given in a particular case.