Claims by persons as to registration in particular profession or division
117 Claims by persons as to registration in particular profession or division
A registered health practitioner must not knowingly or recklessly—
claim to be registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered, or hold himself or herself out as being registered in a health profession or a division of a health profession if the person is not registered in that health profession or division; or
claim to be qualified to practise as a practitioner in a health profession or a division of a health profession in which the practitioner is not registered; or
take or use any title that could be reasonably understood to induce a belief the practitioner is registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered.
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.
A person must not knowingly or recklessly—
claim another person is registered under this Law in a health profession or a division of a health profession in which the other person is not registered, or hold the other person out as being registered in a health profession or a division of a health profession if the other person is not registered in that health profession or
division; or
claim another person is qualified to practise as a health practitioner in a health profession or division of a health profession in which the other person is not registered; or
take or use any title in relation to another person that could be reasonably understood to induce a belief the other person is registered under this Law in a health profession or a division of a health profession in which the person is not registered.
Maximum penalty:
in the case of an individual—$60 000 or 3 years imprisonment or both; or
in the case of a body corporate—$120 000.
Note—
A contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.
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