AUSTRALIAN NATUROPATHIC NETWORK
 Serving the community since 1998

The following is taken from Medical Practice Act 1994.

We are still examining the Act for other relevant sections.

62. Claims by persons as to registration

(1) A person who is not a registered medical practitioner must not--

(a) take or use the title of registered medical practitioner or any other title calculated to induce a belief that the person is registered under this Act; or

(b) claim to be registered under this Act or hold herself or himself out as being registered under this Act; or

(c) carry out any act which is required to be carried out by a registered medical practitioner by or under an Act; or

(d) claim to be qualified to practise as a medical practitioner.

Penalty: 100 penalty units.

(2) A registered medical practitioner whose registration is specific or provisional must not--

(a) take or use any title calculated to induce a belief that the practitioner's registration is not specific or provisional (as the case requires); or

(b) claim to have or hold herself or himself out as having general registration.

Penalty: 50 penalty units.

(3) A registered medical practitioner whose registration is subject to a condition, limitation or restriction must not--

(a) take or use any title calculated to induce a belief that the practitioner's registration is not subject to a condition,limitation or restriction; or

(b) claim to have or hold herself or himself out as having a registration which is not subject to any condition, limitation or restriction.

Penalty: 50 penalty units.

(4) A person must not hold out another person as being registered under this Act, if the person knows or ought reasonably to know that the other person is not so registered.

Penalty: 100 penalty units.

63. Fraud, forgery etc.A person must not--

(a) fraudulently or by false representation or declaration (either orally or in writing) obtain registration under the Act; or

(b) fraudulently or by false representation (either orally or in writing) procure any person to be registered under the Act;or

(c) forge, counterfeit or alter any certificate of registration under this Act or any degree, diploma or other evidence of qualifications for registration under this Act; or

(d) aid in the commission of an offence under paragraph (a), (b) or (c).

Penalty: 100 penalty units or imprisonment for a period of 2 years or both.

64. Advertising

(1) A person must not advertise a medical practice or medical or surgical services in a manner which--

(a) is or is intended to be false, misleading or deceptive; or

(b) offers a discount, gift or other inducement to attract patients to a medical practitioner or medical practice unless the advertisement also sets out the terms and conditions of that offer; or

(c) refers to uses or quotes from testimonials or purported testimonials; or

(d) unfavourably contrasts medical or surgical services provided by a medical practitioner or medical practice with services provided by another medical practitioner or medical practice.

Penalty: For a natural person 50 penalty units.

For a body corporate 100 penalty units.

(2) If a body corporate contravenes sub-section (1), any person who is concerned in or takes part in the management of that body corporate who was, in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence also commits an offence under sub-section (1) and is liable for the penalty applicable to a natural person for that offence.

(3) A person who, in good faith, publishes or prints an advertisement which contravenes sub-section (1) on behalf of another person, is not guilty of an offence under that sub-section.

All extracts taken from the Victorian government's Medical Practice Act 1994.