sec.119Claims about type of registration or registration in recognised specialty

### sec.119 Claims about type of registration or registration in recognised specialty 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. 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 119 amd 2019 No. 3 s 13 ; 2022 No. 22 s 89 (sec.119-ssec.1) 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. (sec.119-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.119-ssec.3) 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. 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 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 - (b) claim to be qualified to hold a type of registration or endorsement the practitioner does not hold; or - (c) 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 - (d) claim to be qualified to practise as a specialist health practitioner in a recognised specialty in which the practitioner is not registered. - (a) 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 - (b) claim another person is qualified to hold a type of registration or endorsement that the other person does not hold; or - (c) 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 - (d) claim another person is qualified to practise in a recognised specialty in which the other 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.