New South Wales Consolidated Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 118

118 Claims by persons as to specialist registration

(1) A person who is not a specialist health practitioner must not knowingly or recklessly--

(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

(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.

: Maximum penalty--

(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.

(2) A person must not knowingly or recklessly--

(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

(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.

: Maximum penalty--

(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.

Note--: A contravention of this section by a registered health practitioner may also constitute unprofessional conduct for which health, conduct or performance action may be taken.