HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 118
Claims by persons as to specialist registration
HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 118
Claims by persons as to specialist registration
118 Claims by persons as to specialist registration
(1) A person who is not
a specialist health practitioner must not knowingly or recklessly--
(a) take
or use the title of "specialist health practitioner", whether with or without
any other words; or
(b) take or use a title, name, initial, symbol, word or
description that, having regard to the circumstances in which it is taken or
used, indicates or could be reasonably understood to indicate--
(i) the person
is a specialist health practitioner; or
(ii) the person is authorised or
qualified to practise in a recognised specialty; or
(c) claim to be
registered under this Law in a recognised specialty or hold himself or herself
out as being registered under this Law in a recognised specialty; or
(d)
claim to be qualified to practise as a specialist health practitioner.
:
Maximum penalty--
(a) in the case of an individual--$60,000 or 3 years
imprisonment or both; or
(b) in the case of a body corporate--$120,000.
(2)
A person must not knowingly or recklessly--
(a) take or use the title of
"specialist health practitioner", whether with or without any other words, in
relation to another person who is not a specialist health practitioner; or
(b) take or use a title, name, initial, symbol, word or description in
relation to another person who is not a specialist health practitioner that,
having regard to the circumstances in which it is taken or used, indicates or
could be reasonably understood to indicate--
(i) the other person is a
specialist health practitioner; or
(ii) the other person is authorised or
qualified to practise in a recognised specialty; or
(c) claim another person
is registered under this Law in a recognised specialty or hold the other
person out as being registered under this Law in a recognised specialty if the
other person is not registered in that recognised specialty; or
(d) claim
another person is qualified to practise as a specialist health practitioner if
the person is not a specialist health practitioner.
: Maximum penalty--
(a)
in the case of an individual--$60,000 or 3 years imprisonment or both; or
(b)
in the case of a body corporate--$120,000.
Note : A contravention of this
section by a registered health practitioner may also constitute unprofessional
conduct for which health, conduct or performance action may be taken.
