Why do NZ-based Osteopaths Break the Law by Calling themselves Doctors?!
Question: Why do NZ-based Osteopaths Break the Law by Calling themselves Doctors?
This claim set off my BS Detection Alarm. Turns out NZ authorities have been concerned for several years about an influx of vaguely-medical sub-professionals coming to NZ and claiming to be "Doctors". There is even a Journal Article: "Use of Inappropriate Titles by New Zealand Practitioners of Acupuncture, Chiropractic, and Osteopathy" (http://www.nzma.org.nz/journal/121-1278/…
The bottom line of the article is that the bare title "Doctor" is not protected in New Zealand. It is perfectly acceptable to be a "Car Doctor". However:
"When a CAM practitioner uses the title of ‘Doctor’ in the course of their business, if they are not a NZ registered medical practitioner, it is possible that, according to the Act, they commit “an offence punishable on summary conviction” by monetary fine. Use of the title ‘Doctor’ by CAM practitioners who have a traditional non-medical doctorate...may also be misleading, according to the intent of the HPCAA..."
The problem is, this ruling has never been tested in court. New Zealand is a smaller, law-abiding country, and it never occurred to Legislators and Crown Prosecutors that the islands would be flooded with failed osteopaths and chiropractors from England who desperately crave to be called "Doctors". Thus, NZ law, as it stands, appears to be regularly violated by osteopaths, chiropractors, and similar bum-pinchers, who, for now, can get away with it. (Note: In the UK, misuse of the "Doctor" title in a medical context is expressly forbidden, in law and in Advertising Standards).
The authors of the article conclude:
"If the New Zealand Yellow Pages were to adopt the criterion with regard to use of the title ‘Doctor’ that is currently used in the General Advertising Guidelines of the United Kingdom Yellow Pages, then much of the current confusion would cease. As such, it is recommended that the New Zealand Yellow Pages should be made aware...that current practice of allowing CAM practitioners to use the title ‘Doctor’ in their advertisements may encourage an activity, the legality of which is highly dubious.
It is further recommended that CAM practitioners who are not medically registered practitioners must accept that in New Zealand they are not entitled to use the courtesy title ‘Doctor’ and cease to do so at the earliest available opportunity. It is suggested that a ‘period of grace’ be allowed...prior to the legality of this behaviour being challenged".
Should someone in New Zealand blow the whistle on these phony "Doctors" and force the issue by initiating court action?
Answers:
Well it's certainly an interesting paper. From the very careful wording used it would appear that the use of the title "Doctor" isn't very well protected in NZ so the question has to be "why would somebody use it?"
The use of the term Doctor has traditionally been controlled to only mean those with a PhD or those who have completed proper medical training and are medical doctors. It's frowned upon for non medical doctors to use the honorary even if they are entitled to where it might cause confusion - such as booking flights - where the airlines tag where 'doctors' are sitting.
Outside of academia the use of the title is generally considered to be a bit pompous. Inside academia it should be done in full Dr. Martin Conner PhD (Open)
So the question seems to be unanswered as to why non medical doctors would use it. It DOES lend credibility (falsely) if the title is used. There's a nature-path does it here, calls herself Doctor instead of the correct ND purely to confuse the issue and pretend to be something she isn't. That I think is where the crux of the matter lies, it's an attempt to deceive the sucker who is going for treatment. It uses the "appeal to authority" fallacy in a very self-serving way.
It's about time the NZ government did something to clamp down on this misuse. Trouble is entrenched notions like this are hard to change, especially under intense lobbying. A couple o good hangings or a decent court case (as my brother would say) is needed.
##The bottom line of the article is that the bare title "Doctor" is not protected in New Zealand. It is perfectly acceptable to be a "Car Doctor"#####
NOT A PROTECTED TITLE. Anyone can call themselves Doctor.
####However:
"When a CAM practitioner uses the title of ‘Doctor’ in the course of their business, if they are not a NZ registered medical practitioner,#####
Correct. NZ Registered medical practitioner IS THE PROTECTED TITLE.
####it is possible that, according to the Act, they commit “an offence punishable on summary conviction” by monetary fine.####
It is POSSIBLE if the public are led to believe that the honorary bearer of the NON PROTECTED TITLE is misleading the public to believe that they are holders of the protected title of NZ REGISTERED MEDICAL PRACTITIONER.
###Use of the title ‘Doctor’ by CAM practitioners who have a traditional non-medical doctorate...may also be misleading, according to the intent of the HPCAA..."###
Only if they advertise that they are medical practitioners. The title doctor does not equate to medical practitioner by default although that is the common perception.
###Thus, NZ law, as it stands, appears to be regularly violated by osteopaths, chiropractors, and similar bum-pinchers, who, for now, can get away with it. (Note: In the UK, misuse of the "Doctor" title in a medical context is expressly forbidden, in law and in Advertising Standards).####
No it isn't. I've already explained why.
It would be an offence for an NZ medical practitioner to claim that they were an Osteopath. These are the titles that are protected, not the title doctor.
Interestingly, although the medical profession have no business complaining of other people wrongly using the title doctor a few of them (and people who support them but usually have far lower qualifications than PHd) are the only ones who complain.
The title "Doctor" comes from the latin "docere" meaning "to Educate". This title was given out 100's of years ago to people who achieved Phd's ironically because they had 'learn't', rather than any ability to teach.
Because the role of the medical profession was seen as to educate patients it was thought to be a good idea to give the medical profession this title too......
So now Most bearers of the title are honorary bearers and have not achieved the suitable standard of education of PHd in order to actually use that title.....
Inspite of that they do....
Inspite of that they complain that other people are muscling in on their territory (Ha, Ha!) by using the title.....
Hmm.. Kettle pot and black are words that come to mind here.
People who actually earned the title seldom use it (because they don't want to be mistaken with legalised drug dealers either). I have never met One Phd graduate that cares what honorary title I use.
####(Note: In the UK, misuse of the "Doctor" title in a medical context is expressly forbidden, in law and in Advertising Standards).####
Yep. We decided not to in the UK partly as a concession to the medical profession and also because we didn't want to be mistaken with people who deal in drugs. Chiropractors didn't bother sparing their feelings are freely use the title. Practitioners of TCM also use the title. Neither are breaking the law.
#####It is further recommended that CAM practitioners who are not medically registered practitioners must accept that in New Zealand they are not entitled to use the courtesy title ‘Doctor’ and cease to do so at the earliest available opportunity. It is suggested that a ‘period of grace’ be allowed...prior to the legality of this behaviour being challenged.
Should someone in New Zealand blow the whistle on these phony "Doctors" and force the issue by initiating court action?
####
It has been challenged and probably will be again. So far its never stood up as a legal challange because it doesn't hold water.
I don't care. Its not on my business cards or on my advertising and I only occasionally sue the title if I'm signing a letter regarding my occupation. In NZ most doctors are happy for their patients to call them Doug, or Depak, or John or Simone rather than "Doctor __________".
NZ is a very egalitarian culture.
I'll be very happy for Doctor to be used only by people awarded PHd's. Osteopath is the only title that means anything to me. You can keep the "Doctor"
Friend of Lightning
D.O.'s in America are accredited, licensed physicians with doctoral degrees such as an M.D.
The practice can vary but I don't mind Doctors of Osteopathic Medicine.
But a D.O. in your country may mean Diploma of Osteopathy which changes everything!!! Hehe
I just can't discuss the legality portion of it though!!
Orthomolecular Medicine
there are a few delusional persons who want to acquire the title of doctor any way they can, however, no real chiropractor would ever want to be confused with a pill pushing failure. someone's imagination is working overtime.