QLDIn ForceAct
Health Practitioner Regulation National Law Act 2009
sec.117Claims by persons as to registration in particular profession or division
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### sec.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.
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.
sch s 117 amd 2019 No. 3 s 11 ; 2022 No. 22 s 87
(sec.117-ssec.1) 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.
(sec.117-ssec.2) 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.
(sec.117-ssec.3) 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. 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.
- (a) 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
- (b) 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
- (c) 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) 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
- (b) 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
- (c) 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.
- (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.