From 1 August 2008, the Commission's powers in relation to unregistered health practitioners were broadened under the Health Legislation Amendment (Unregistered Health Practitioners) Act 2006, which underpins a Code of Conduct for Unregistered Health Practitioners.

Unregistered Health Practitioners are

• health providers who are not required to be registered with a health registration board in NSW - these may include naturopaths, acupuncturists, psychotherapists, therapeutic masseurs, social workers, occupational therapists and homeopaths.
• practitioners whose registration has been suspended or canceled and who seek to practise in an area where they do not need registration
• registered practitioners who provide health services that are unrelated to their registration.

The Code of Conduct for Unregistered Health Practitioners

In summary, the Code of Conduct for Unregistered Health Practitioners requires that practitioners must provide services in a safe and ethical manner - this includes:

• maintaining competence in their field of practice
• not providing health care outside their experience or training
• prescribing treatments that serve the needs of their client(s)
• referring clients to other health providers where appropriate
• encouraging clients to inform their medical practitioner of any treatment that they have been receiving
• having a sound understanding of adverse interactions between their treatment and any other treatment
• ensuring that first aid and emergency assistance are available for misadventures
• having an adequate clinical basis to diagnose or treat an illness or condition
• not representing that they can cure cancer or other terminal illnesses, and being able to substantiate any claim that they can treat or alleviate the symptoms of such illnesses
• not attempting to discourage patients from seeking or continuing treatment by a registered medical practitioner, and co-operating with other health practitioners in the best interests of their patients
• not practicing under the influence of alcohol or unlawful drugs, or medication that may impair their ability to practise
• not practicing if they suffer from a physical or mental condition that is likely to detrimentally affect their ability or place patients at risk of harm
• not misrepresenting their qualifications, training or professional affiliations
• not making any claims about the efficacy of their treatment or services if those claims cannot be substantiated
• not engaging in sexual or other close personal relationships with their patients
• keeping appropriate records, complying with the privacy laws and having appropriate insurance
• displaying at their premises and in an easily visible place, the Code of Conduct for Unregistered Practitioners and information about how to make a complaint to the Health Care Complaints Commission.  

Find out more about the Commission's complaint handling and investigation processes as well as information for health care providers.

The Commission's powers following an investigation into an unregistered practitioner

The Commission has the power to impose a prohibition order and/or to issue a public statement about an unregistered health practitioner and their services. A prohibition order may ban a practitioner from providing health services or place conditions on their provision of health services for a specified period or permanently. It is a criminal offence to breach a prohibition order.

If the practitioner advertises their services following the imposition of a prohibition order, they must include the terms of the Prohibition Order in the advertisement. They must also advise patients of the existence of the Order before treating them. Any failure to comply with these requirements is a criminal offence.

Before the Commission can make a prohibition order it must:

• find that the practitioner has breached the Code of Conduct for Unregistered Practitioners 
• be of the opinion that the practitioner poses a substantial risk to the health of members of the public.