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s 113

Restriction on use of protected titles

In force
Schedule 2Health Practitioner Regulation National Law
Part 7Registration of health practitioners
Division 10Title and practice protections
Subdivision 1Title protections

113 Restriction on use of protected titles

(1)

A person must not knowingly or recklessly—

(a)

take or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession; or

(b)

take or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession.

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 a title in the Table in relation to another person (the

second person), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or

(b)

take or use a prescribed title for a health profession in relation to another person (the second person), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession.

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.

(3)

Subsections (1) and (2) apply whether or not the title is taken or used with or without any other words and whether in English or any other language.

Table—Protected titles

ProfessionTitle
Aboriginal and Torres Strait Islander Health PracticeAboriginal and Torres Strait Islander health practitioner, Aboriginal health practitioner, Torres Strait Islander health practitioner
Chinese MedicineChinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner, acupuncturist
Chiropracticchiropractor
Dentaldentist, dental therapist, dental hygienist, dental prosthetist, oral health therapist
Medicalmedical practitioner
Medical Radiation Practicemedical radiation practitioner, diagnostic radiographer, medical imaging technologist, radiographer, nuclear medicine scientist, nuclear medicine technologist, radiation therapist
Midwiferymidwife, midwife practitioner
Nursingnurse, registered nurse, nurse practitioner, enrolled nurse
Occupational Therapyoccupational therapist
Optometryoptometrist, optician
Osteopathyosteopath
Paramedicineparamedic
Pharmacypharmacist, pharmaceutical chemist
Physiotherapyphysiotherapist, physical therapist
Podiatrypodiatrist, chiropodist
Psychologypsychologist
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