Health Practitioner Regulation National Law (South Australia) Act 2010

A registered health practitioner must not knowingly or recklessly—

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

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

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

claim to be qualified to practise as a specialist health practitioner in a recognised specialty 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 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

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

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

claim another person is qualified to practise in a recognised specialty in which the other 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.