119Claims about type of registration or registration in recognised specialty

119 Claims about type of registration or registration in recognised specialty

119 Claims about type of registration or registration in recognised specialty

(1) A registered health practitioner must not knowingly or recklessly—

(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.

(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.

(3) A person must not knowingly or recklessly—

(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.

Maximum penalty—

(a) in the case of an individual—$60,000 or 3 years imprisonment or both; or