Restricted Activities

Section 9 of the Health Practitioners Competence Assurance Act 2003 [the Act] allows the Governor-General, by Order in Council, to restrict certain activities to particular health practitioners. The Order in Council follows a recommendation from the Minister of Health made when the Minister is satisfied that members of the public risk serious or permanent harm if the activity is performed by persons other than health practitioners whose scope of practise allows it.

In August 2005 performance of the following activity was restricted to health practitioners who are permitted by their scopes of practice to perform this activity:

Applying high-velocity, low-amplitude manipulative techniques to cervical spinal joints.

Although the Osteopathic Council and the Chiropractors Board made submissions that this should apply to the whole of the spine, to date the Minister is not convinced that lower spine manipulation by unregistered/untrained persons seriously risks the health of members of the public. The Osteopathic Council continues to address this issue.

Currently this activity is restricted to registered osteopaths, chiropractors, and physiotherapists.

Certain exclusions apply. Any person may perform this activity in an emergency, in the course of training or instruction (but only under the control of an osteopath, chiropractor, or physiotherapist) or in the course of an examination or competency review.

A practical application of all this is that all overseas tutors, regardless of their profession, coming into New Zealand to teach osteopathic techniques must:

1. not perform high-velocity, low-amplitude manipulative techniques to cervical spinal joints, or

2. if performing high-velocity, low-amplitude manipulative techniques to cervical spinal joints be under the control of a NZ registered osteopath, (or chiropractor or physiotherapist)

The penalty for contravening this section of the Act is a fine not exceeding $30,000.

The Osteopathic Council will not hesitate to refer breaches of this section to the New Zealand Police. This may lead to prosecution and conviction.

If you are aware of any person who is not a registered osteopath, chiropractor or physiotherapist performing the restricted activity, we would be pleased if you would bring it to the attention of the Council.