Queensland Numbered Acts

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MEDICAL PRACTITIONERS REGISTRATION AMENDMENT ACT 2005 No. 30 - SECT 6

6 Replacement of s 161 (Claims by persons as to registration)

Section 161--

omit, insert--

'(1) A person who is not a registrant must not--

(a) claim, or hold himself or herself out, to be registered under this Act; or
(b) allow himself or herself to be held out as being registered under this Act; or
(c) claim, or hold himself or herself out, to be eligible to be registered under this Act; or
(d) allow himself or herself to be held out as being eligible to be registered under this Act.

Maximum penalty--1000 penalty units.

'(2) A person who is not a registrant must not, by means of any conduct in contravention of subsection (1)--

(a) under colour or pretence of being registered under this Act or of being eligible to be registered under this Act--
(i) obtain any employment; or
(ii) obtain access to a hospital, clinic, medical practice or other place; or
(iii) carry out, or purport to carry out, a surgical operation, procedure or treatment; or
(iv) conduct, or purport to conduct, a medical consultation with a person or a medical examination of a person; or
(v) diagnose, or purport to diagnose, an illness or the absence of an illness; or
(vi) prescribe or recommend a drug, vitamin, herb or other medication, substance, treatment, remedy or cure for an illness; or
(vii) perform or provide a medical service or purport to perform or provide a medical service; or
(viii) sign, or give to a person, a medical document or document that purports to be a medical document; or
(ix) conduct, or purport to conduct, an autopsy or post mortem examination or otherwise diagnose or determine, or purport to diagnose or determine, a cause of death or the circumstances relating to a death; or
(b) offer, promise or agree to do anything mentioned in paragraph (a); or
(c) charge, recover or retain a fee or other consideration for doing or purporting to do, or promising or agreeing to do, anything mentioned in paragraph (a); or
(d) claim, recover or retain a fee or other consideration from a health insurance fund or other entity for doing or purporting to do, or promising or agreeing to do, anything mentioned in paragraph (a).

Maximum penalty--2000 penalty units or 3 years imprisonment.

'(3) In this section--

illness means an actual or supposed physical or mental illness.

medical document means--

(a) a pharmaceutical prescription; or
(b) a referral to a medical practitioner; or
(c) a birth certificate, death certificate or certificate that life is extinct; or
(d) another document that purports to be issued by a medical practitioner or with the authority of a medical practitioner.

medical service includes a surgical service, gynaecological or obstetric service, psychiatric service, radiological service, service relating to nuclear medicine or pathology service.'.



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