Medical Practitioners Registration Amendment Act 2005 (Qld)

Queensland Medical Practitioners Registration Amendment Act 2005 Act No. 30 of 2005

Queensland Medical Practitioners Registration Amendment Act 2005 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 84 (Grounds for cancellation) . . . . . . . . . . . . . . 4 4 Amendment of s 149 (Grounds for cancellation) . . . . . . . . . . . . . 4 5 Amendment of s 150J (Grounds for cancellation) . . . . . . . . . . . . 5 6 Replacement of s 161 (Claims by persons as to registration) . . . 5 161 Claims by persons as to registration and prohibited conduct by non-registrants . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 246 (Indictable and summary offences) . . . . . . 7 8 Replacement of s 273 (False or misleading information or documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 273 False or misleading information or documents. . . . . . 7

Queensland Medical Practitioners Registration Amendment Act 2005 Act No. 30 of 2005 An Act to amend the MedicalPractitionersRegistrationAct2001 [Assented to 10 June 2005]

s1 4 s4 Medical Practitioners Registration Amendment Act No. 30, 2005 2005 The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Medical Practitioners Registration Amendment Act 2005 . 2 Act amended This Act amends the MedicalPractitionersRegistrationAct2001. 3 Amendment of s 84 (Grounds for cancellation) Section 84(a)— omit, insert— ‘(a) that the registration happened because the board was given, by the registrant or someone else, information or a document that— (i) was materially false, within the meaning given by section 273(1), at the time it was given; or (ii) became materially false, within the meaning given by section 273(1), after it was given;’. 4 Amendment of s 149 (Grounds for cancellation) Section 149(e)— omit, insert— ‘(e) the registration happened because the board was given, by the registrant or someone else, information or a document that— (i) was materially false, within the meaning given by section 273(1), at the time it was given; or (ii) became materially false, within the meaning given by section 273(1), after it was given.’.

s5 5 s6 Medical Practitioners Registration Amendment Act No. 30, 2005 2005 5 Amendment of s 150J (Grounds for cancellation) Section 150J(d)— omit, insert— ‘(d) the registration happened because the board was given, by the registrant or someone else, information or a document that— (i) was materially false, within the meaning given by section 273(1), at the time it was given; or (ii) became materially false, within the meaning given by section 273(1), after it was given.’. 6 Replacement of s 161 (Claims by persons as to registration) Section 161— omit, insert— ‘161 Claims by persons as to registration and prohibited conduct by non-registrants ‘(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

s6 6 s6 Medical Practitioners Registration Amendment Act No. 30, 2005 2005 (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.

s7 7 s8 Medical Practitioners Registration Amendment Act No. 30, 2005 2005 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.’. 7 Amendment of s 246 (Indictable and summary offences) Section 246(1), ‘section 174’— omit, insert— ‘section 161(2), 174 or 273(3) or (5)’. 8 Replacement of s 273 (False or misleading information or documents) Section 273— omit, insert— ‘273 False or misleading information or documents ‘(1) For this section— (a) information is taken to be materially false if— (i) the information is false or misleading in a material particular; or (ii) regardless of the literal truth of the information, it has a propensity to mislead or deceive the board in a material particular, including through the omission of other material information; and (b) a document is taken to be materially false if—

s8 8 s8 Medical Practitioners Registration Amendment Act No. 30, 2005 2005 (i) the document contains or conveys information that is materially false; or (ii) the document contains or conveys information that, by the time the document is given to the board, has become materially false; or (iii) the document— (A) is, or purports to be, a copy of an original document; and (B) is not, in a material particular, a true, accurate and complete copy of the original document; or (iv) the document— (A) is, or purports to be, an extract from or summary of an original document; and (B) fails, in a material particular, to convey a true, accurate and complete representation of the information contained in the original document. ‘(2) A person must not give the board— (a) information that is materially false to the knowledge of the person; or (b) a document that is materially false to the knowledge of the person. Maximum penalty—200 penalty units. ‘(3) A person must not contravene subsection (2) in connection with an application for registration by the person or someone else. Maximum penalty—2000 penalty units or 3 years imprisonment. ‘(4) A person must convey the relevant facts to the board as soon as reasonably practicable after the person— (a) being a registrant, becomes aware that information or a document that was given to the board in connection with the person’s registration—

s8 9 s8 Medical Practitioners Registration Amendment Act No. 30, 2005 2005 (i) was materially false when it was given to the board; or (ii) has since become materially false; or (b) being a person who previously gave information or a document to the board, becomes aware that the information or document— (i) was materially false when it was given to the board; or (ii) has since become materially false. Maximum penalty—200 penalty units. ‘(5) A registrant must not act or practise as a registrant, or continue to do so, if— (a) the registrant committed a contravention of subsection (2) in connection with the registrant’s application for registration; or (b) the registrant was knowingly concerned in, or a party to, a contravention of subsection (2) in connection with the registrant’s application for registration; or (c) the registrant has failed to convey the relevant facts to the board after becoming aware that information or a document that was given to the board in connection with the registrant’s registration— (i) was materially false when it was given to the board; or (ii) has since become materially false. Maximum penalty—2000 penalty units or 3 years imprisonment. ‘(6) To remove any doubt, it is declared that in this section— material particular , in relation to an application for registration, is not limited to a particular that would have been determinative of the application, but includes any particular that, had it been known to the board at the relevant time, might have influenced the board, a member, the executive officer or a member of the office’s staff in—

s 8 10 s 8 Medical Practitioners Registration Amendment Act No. 30, 2005 2005 (a) granting or refusing the application; or (b) deciding the capacity in which the applicant may be registered, whether as a general registrant, provisional general registrant, specialist registrant, special purpose registrant or non-practising registrant; or (c) imposing a probationary condition or other condition, qualification or restriction on registration granted to the applicant; or (d) fixing the period of the registration granted to the applicant; or (e) making further inquiries or conducting further investigations in connection with the application. registrant means a person registered under part 3, including a general registrant, provisional general registrant, specialist registrant, special purpose registrant and non-practising registrant, whether or not the registration is on probationary conditions or other conditions. registration means— (a) registration as a registrant; or (b) renewal of registration as a registrant; or (c) restoration of registration as a registrant.’. © State of Queensland 2005