Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 80

Claims by persons as to registration

80. Claims by persons as to registration



(1) A person who is not a registered health practitioner must not
intentionally or recklessly-

(a) take or use the title of "registered 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 health practitioner in a regulated health profession;
        or

   (ii) the person is authorised or qualified to practise in a regulated
        health profession; or

   (c)  claim to be registered under this Act or hold himself or herself out
        as being registered under this Act; or

   (d)  carry out any act which is required to be carried out by a
        registered health practitioner by or under an Act; or

   (e)  claim to be qualified to practise as a health practitioner in a
        regulated health profession.

Penalty: 60 penalty units in the case of a natural person and 300 penalty
units in the case of a body corporate.

(2) A person must not-

   (a)  take or use any of the titles in the Table, whether with or without
        any other words and whether in English or any other language, which
        could be reasonably understood to induce a belief that the person is
        registered under this Act with the particular type of registration or
        endorsement of registration that authorises the use of the title
        unless the person is so registered; or

   (b)  claim to have or hold himself or herself out as having a particular
        type of registration in the Table with the intention of inducing a
        belief that the person is registered under this Act for that type of
        registration or endorsement of registration unless the person is so
        registered.

TABLE acupuncturist, Chinese medicine practitioner, Chinese herbal dispenser,
Chinese herbal medicine practitioner, Oriental medicine practitioner
registered acupuncturist, registered Chinese medicine practitioner, registered
Chinese herbal dispenser, registered Oriental medicine practitioner
chiropodist, podiatrist registered chiropodist, registered podiatrist
chiropractor registered chiropractor advanced dental technician, dentist,
dental auxiliary, dental hygienist, dental practitioner, dental prosthetist,
dental surgeon, dental specialist, dental therapist registered advanced dental
technician, registered dentist, registered dental auxiliary, registered dental
hygienist, registered dental practitioner, registered dental prosthetist,
registered dental surgeon, registered dental specialist, registered dental
therapist

medical practitioner, medical specialist registered medical practitioner,
registered medical specialist nurse, nurse practitioner, mental retardation
nurse, midwife, mothercraft nurse, psychiatric nurse registered nurse,
registered nurse practitioner, registered mental retardation nurse, registered
midwife, registered mothercraft nurse, registered psychiatric nurse
optometrist registered optometrist osteopath registered osteopath pharmacist,
pharmaceutical chemist registered pharmacist, registered pharmaceutical
chemist physiotherapist registered physiotherapist physical therapist
registered physical therapist psychologist registered psychologist
radiographer, nuclear medicine technologist, radiation therapist registered
radiographer, registered nuclear medicine technologist, registered radiation
therapist Penalty: 60 penalty units in the case of a natural person and 300
penalty units in the case of a body corporate.

(3) A health practitioner whose registration is specific, provisional, interim
or non-practising must not knowingly or recklessly claim to have, or hold
himself or herself out as having, general registration or registration of a
type not granted to that person.

Penalty: 60 penalty units.



(4) A registered student must not knowingly or recklessly claim to have, or
hold himself or herself out as having, general registration or registration of
a type not granted to that student.

Penalty: 60 penalty units.

(5) A registered health practitioner must not-

   (a)  knowingly claim to be registered under this Act in a division of the
        register in which he or she is not registered or hold himself or
        herself out as being registered in a division of the register if the
        person is not registered in that division; or

   (b)  knowingly claim to be qualified to practise as a practitioner in a
        division of the register in which he or she is not registered; or

   (c)  take or use any title which could be reasonably understood to induce a
        belief the person is registered under this Act in a division of the
        register in which he or she is not registered.

Penalty: 60 penalty units.

(6) A person whose registration is not endorsed under a provision of Division
2 of Part 2 must not-

   (a)  take or use any title which could be reasonably understood to induce a
        belief that the health practitioner's registration is endorsed under
        that provision; or

   (b)  knowingly claim to have or hold himself or herself out as having a
        registration that is endorsed under that provision.

Penalty: 60 penalty units.



(7) A registered health practitioner or student whose registration is subject
to a condition must not-

   (a)  take or use any title which could be reasonably understood to induce a
        belief that the health practitioner's or student's registration is not
        subject to a condition; or

   (b)  knowingly claim to have or hold himself or herself out as having a
        registration which is not subject to any condition.

Penalty: 60 penalty units.

(8) A person must not hold out another person as being registered under this
Act or having their registration endorsed under this Act or being registered
in a division of the register in which that person is not registered, if the
person knows or ought reasonably to know that the other person is not so
registered.

Penalty: 60 penalty units in the case of a natural person and 300 penalty
units in the case of a body corporate.

(9) Subsections (1)(b), (c) and (d) do not apply to-

   (a)  a registered student who is providing regulated health services in
        accordance with the student's registration; or

   (b)  a person who is not a registered student but is providing regulated
        health services in the course of undertaking clinical training in
        accordance with section 82(1)(a).

(10) If a body corporate contravenes subsection (1), any officer, within the
meaning of section 9 of the Corporations Act, of that body corporate who was,
in any way, by act or omission, directly or indirectly, knowingly concerned in
or party to the commission of the offence also commits an offence under
subsection (1) and is liable for the penalty applicable to a natural person
for that offence.

(11) This section does not apply to the use of a name or a title by or in
relation to-

   (a)  a museum if-

   (i)  the words are used to identify premises where items relating to the
        history of a health service are exhibited; and

   (ii) regulated health services are not provided from those premises; or

. (b) a teaching institution providing a course of study in the practice of a
regulated health profession; or

   (c)  professional associations representing
        registered health practitioners; or

   (d)  a business name for a business providing regulated health services if,
        in the carrying on of the business by the person, a
        registered health practitioner provides regulated health services of
        the kind referred to in the business name.

(12) Nothing in this section applies to the giving or performance of any
advice, service, attendance or operation by a person registered as a health
practitioner under the law in force in another State or Territory or New
Zealand-

   (a)  in an emergency if no other registered health practitioner of that
        type is available; or

   (b)  if the person is acting in accordance with that registration for the
        purpose of tissue removal or transplantation in accordance with the
        Human Tissue Act 1982; or



   (c)  if the person is acting in accordance with that registration in
        relation to a patient who is being transported into or out of Victoria
        for treatment.

(13) Nothing in subsection (1) or (2) applies to the use of the name or title
of radiographer in respect of a person's profession or occupation as a
radiographer by a person who holds an operator's licence issued under section
108AF of the Health Act 1958 or a use licence issued under Part 6 of the
Radiation Act 2005 if the use does not imply that the person may conduct
radiography of humans.

(14) Nothing in this section applies to a veterinary practitioner registered
under the Veterinary Practice Act 1997 using the title acupuncturist in
relation to the practice of veterinary surgery or veterinary medicine by that
practitioner in accordance with his or her registration under that Act.