HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 119 Claims about type of registration or registration in recognised specialty

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 119

119 Claims about type of registration or registration in recognised specialty

(1) A registered health practitioner must not knowingly or recklessly--

(a) claim to hold a type of registration or endorsement under this Law that the practitioner does not hold or hold himself or herself out as holding a type of registration or endorsement if the practitioner does not hold that type of registration; or

(b) claim to be qualified to hold a type of registration or endorsement the practitioner does not hold; or

(c) claim to hold specialist registration under this Law in a recognised specialty in which the practitioner does not hold specialist registration or hold himself or herself out as holding specialist registration in a recognised specialty if the person does not hold specialist registration in that specialty; or

(d) claim to be qualified to practise as a specialist health practitioner in a recognised specialty in which the practitioner is not registered.

(2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(3) A person must not knowingly or recklessly--

(a) claim another person holds a type of registration or endorsement under this Law that the other person does not hold or hold the other person out as holding a type of registration or endorsement if the practitioner does not hold that type of registration or endorsement; or

(b) claim another person is qualified to hold a type of registration or endorsement that the other person does not hold; or

(c) claim another person holds specialist registration under this Law in a recognised specialty which the other person does not hold or hold the other person out as holding specialist registration in a recognised specialty if the other person does not hold specialist registration in that specialty; or

(d) claim another person is qualified to practise in a recognised specialty in which the other person is not registered.

: 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 subsection by a registered health practitioner may also constitute unprofessional conduct for which health, conduct or performance action may be taken.