QLDIn ForceAct
Health Practitioner Regulation National Law Act 2009
sec.115AClaims by persons as to membership of surgical class
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### sec.115A Claims by persons as to membership of surgical class
A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following—
take or use the title “surgeon”;
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 the practitioner is a member of a surgical class;
claim to be, or hold out as being, a member of a surgical class.
Maximum penalty—$60,000 or 3 years imprisonment or both.
A person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class—
take or use the title “surgeon” in relation to the practitioner;
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 the practitioner is a member of a surgical class;
claim the practitioner is, or hold the practitioner out as being, a member of a surgical class.
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.
Subsections (1) (a) and (2) (a) —
apply whether or not the title “surgeon” is taken or used with or without any other words and whether in English or any other language; but
do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner—
holds registration in the dentists division of the dental profession; or
is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.
Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to—
any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and
the surgical training required to be undertaken by members of the proposed class.
In this section—
surgical class means the following classes of medical practitioners—
a medical practitioner holding specialist registration in the recognised specialty of surgery;
a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology;
a medical practitioner holding specialist registration in the recognised specialty of ophthalmology;
a medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word “surgeon” in a specialist title for the specialty;
another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.
sch s 115A ins 2023 No. 22 s 4
(sec.115A-ssec.1) A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following— take or use the title “surgeon”; 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 the practitioner is a member of a surgical class; claim to be, or hold out as being, a member of a surgical class. Maximum penalty—$60,000 or 3 years imprisonment or both.
(sec.115A-ssec.2) A person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class— take or use the title “surgeon” in relation to the practitioner; 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 the practitioner is a member of a surgical class; claim the practitioner is, or hold the practitioner out as being, a member of a surgical class. 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.
(sec.115A-ssec.3) Subsections (1) (a) and (2) (a) — apply whether or not the title “surgeon” is taken or used with or without any other words and whether in English or any other language; but do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner— holds registration in the dentists division of the dental profession; or is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.
(sec.115A-ssec.4) Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to— any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and the surgical training required to be undertaken by members of the proposed class.
(sec.115A-ssec.5) In this section— surgical class means the following classes of medical practitioners— a medical practitioner holding specialist registration in the recognised specialty of surgery; a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology; a medical practitioner holding specialist registration in the recognised specialty of ophthalmology; a medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word “surgeon” in a specialist title for the specialty; another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.
- (a) take or use the title “surgeon”;
- (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 the practitioner is a member of a surgical class;
- (c) claim to be, or hold out as being, a member of a surgical class.
- (a) take or use the title “surgeon” in relation to the practitioner;
- (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 the practitioner is a member of a surgical class;
- (c) claim the practitioner is, or hold the practitioner out as being, a member of a surgical class.
- (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.
- (a) apply whether or not the title “surgeon” is taken or used with or without any other words and whether in English or any other language; but
- (b) do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner— (i) holds registration in the dentists division of the dental profession; or (ii) is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.
- (i) holds registration in the dentists division of the dental profession; or
- (ii) is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.
- (i) holds registration in the dentists division of the dental profession; or
- (ii) is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.
- (a) any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and
- (b) the surgical training required to be undertaken by members of the proposed class.
- (a) a medical practitioner holding specialist registration in the recognised specialty of surgery;
- (b) a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology;
- (c) a medical practitioner holding specialist registration in the recognised specialty of ophthalmology;
- (d) a medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word “surgeon” in a specialist title for the specialty;
- (e) another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.