sec.118Claims by persons as to specialist registration

### sec.118 Claims by persons as to specialist registration A person who is not a specialist health practitioner must not knowingly or recklessly— take or use the title of “specialist health practitioner”, whether with or without any other words; or 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 person is a specialist health practitioner; or the person is authorised or qualified to practise in a recognised specialty; or claim to be registered under this Law in a recognised specialty or hold himself or herself out as being registered under this Law in a recognised specialty; or claim to be qualified to practise as a specialist health practitioner. 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 person must not knowingly or recklessly— take or use the title of “specialist health practitioner”, whether with or without any other words, in relation to another person who is not a specialist health practitioner; or take or use a title, name, initial, symbol, word or description in relation to another person who is not a specialist health practitioner that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— the other person is a specialist health practitioner; or the other person is authorised or qualified to practise in a recognised specialty; or claim another person is registered under this Law in a recognised specialty or hold the other person out as being registered under this Law in a recognised specialty if the other person is not registered in that recognised specialty; or claim another person is qualified to practise as a specialist health practitioner if the person is not a specialist health practitioner. 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 section 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 118 amd 2017 No. 32 s 16 ; 2019 No. 3 s 12 ; 2022 No. 22 s 88 (sec.118-ssec.1) A person who is not a specialist health practitioner must not knowingly or recklessly— take or use the title of “specialist health practitioner”, whether with or without any other words; or 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 person is a specialist health practitioner; or the person is authorised or qualified to practise in a recognised specialty; or claim to be registered under this Law in a recognised specialty or hold himself or herself out as being registered under this Law in a recognised specialty; or claim to be qualified to practise as a specialist health practitioner. 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.118-ssec.2) A person must not knowingly or recklessly— take or use the title of “specialist health practitioner”, whether with or without any other words, in relation to another person who is not a specialist health practitioner; or take or use a title, name, initial, symbol, word or description in relation to another person who is not a specialist health practitioner that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— the other person is a specialist health practitioner; or the other person is authorised or qualified to practise in a recognised specialty; or claim another person is registered under this Law in a recognised specialty or hold the other person out as being registered under this Law in a recognised specialty if the other person is not registered in that recognised specialty; or claim another person is qualified to practise as a specialist health practitioner if the person is not a specialist health practitioner. 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 section 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) take or use the title of “specialist health practitioner”, whether with or without any other words; or - (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— (i) the person is a specialist health practitioner; or (ii) the person is authorised or qualified to practise in a recognised specialty; or - (i) the person is a specialist health practitioner; or - (ii) the person is authorised or qualified to practise in a recognised specialty; or - (c) claim to be registered under this Law in a recognised specialty or hold himself or herself out as being registered under this Law in a recognised specialty; or - (d) claim to be qualified to practise as a specialist health practitioner. - (i) the person is a specialist health practitioner; or - (ii) the person is authorised or qualified to practise in a recognised specialty; or - (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) take or use the title of “specialist health practitioner”, whether with or without any other words, in relation to another person who is not a specialist health practitioner; or - (b) take or use a title, name, initial, symbol, word or description in relation to another person who is not a specialist health practitioner that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) the other person is a specialist health practitioner; or (ii) the other person is authorised or qualified to practise in a recognised specialty; or - (i) the other person is a specialist health practitioner; or - (ii) the other person is authorised or qualified to practise in a recognised specialty; or - (c) claim another person is registered under this Law in a recognised specialty or hold the other person out as being registered under this Law in a recognised specialty if the other person is not registered in that recognised specialty; or - (d) claim another person is qualified to practise as a specialist health practitioner if the person is not a specialist health practitioner. - (i) the other person is a specialist health practitioner; or - (ii) the other person is authorised or qualified to practise in a recognised specialty; or - (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.