/Orders against health practitioners/Mr Brandon Raynor

Mr Brandon Raynor

05 June 2019


The practitioner’s right to practise as a practitioner in a paid or unpaid capacity is subject to the following restrictions:

Scope of practice

1. The practitioner must not provide, or promote, any health service involving manipulation of the cervical spine, paid or otherwise

2. The practitioner must not provide any training, demonstration, education or instruction on manipulation of the cervical spine.

Notice to current and potential employers:

3. Within two (2) business days of the commencement of these restrictions, or of commencing in any new place of practice, the practitioner must notify all employers and/or places where the practitioner provides a health service (practises) as a health practitioner as to the existence of the restrictions imposed on the practitioner’s right to practice and provide them with a copy of the Schedule of Restrictions.

Other matters

4. Within five (5) business days of the commencement of these restrictions, the practitioner must provide written authorisation to the Office of the Health Ombudsman (by completing the Authority to access information form) to:

  • inspect, take or copy patient clinical records, log books and/or appointment diaries for any patient at such reasonable time or times as the Health Ombudsman shall determine for the purpose of monitoring compliance with the restrictions imposed on the practitioner’s right to practise
  • exchange information with the practitioner’s employers and/or places of practice.

5. Within five (5) business days of the commencement of these restrictions, the practitioner must provide written authorisation to the Office of the Health Ombudsman (by completing the Authority to release information form) to obtain the release of information relating to their professional practice and/or prescribing from:

  • the Department of Health, Queensland Government
  • the Department of Human Services
  • private health insurers
  • any other entity who may provide information relevant to their professional practice.

6. Within five (5) business days of changing residential address the practitioner must provide written notification to the Office of the Health Ombudsman of that change and provide new contact details.

Definitions

For the purpose of these restrictions:

Documentincludes:
(a) any paper or other material on which there is writings; and
(b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and
(c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device).

Employermeans an entity that –
(a) employs the practitioner to provide health services; or
(b) engages the practitioner to provide health services under a contract for services; or
(c) operates a facility at which the practitioner provides health services.
‘Employer’ therefore also includes co-owners, co-directors, contractors of service, and/or owners/operators of medical practices, hospitals and/or facilities where the practitioner provides a health service (even if there is no contractual relationship between the practitioner and the owner/operator).

Manipulation of the cervical spine means moving the joints of the cervical spine beyond a person’s normal anatomical range of movement with the intention of producing a cavitation or a crack within the joint.

Practicemeans working in any role, whether remunerated or not, in which a practitioner uses their skills and knowledge in a health care industry, whether they are required to be a registered health practitioner or not. It is not restricted to the provision of direct clinical care and includes using the knowledge and skills of a paramedic or any other unregistered practitioner in a direct non-clinical relationship with a patient, working in management, administration, education, research, advisory, regulatory or policy development roles and any other roles that impact on the safe, effective delivery of services in the health care industry.

For full decision, view Brandon Raynor v Health Ombudsman [2019] QCAT 139. NB: The restrictions have been administratively renumbered as a result of this decision.