Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023 (Qld)

An Act to amend the Health Practitioner Regulation National Law Act 2009 for particular purposes The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023.

2 Law amended This Act amends the Health Practitioner Regulation National Law set out in the schedule to the Health Practitioner Regulation National Law Act 2009.

3 Amendment of s 5 (Definitions) Section 5, definition prohibition order, paragraphs (a) and (b), after 'section 196(4)(b)'— insert— or (c)

4 Insertion of new s 115A After section 115— insert—

115A Claims by persons as to membership of surgical class (1) A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following— (a) take or use the title "surgeon"; (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 the practitioner is a member of a surgical class; (c) claim to be, or hold out as being, a member of a surgical class. Maximum penalty—$60,000 or 3 years imprisonment or both. (2) A person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class— (a) take or use the title "surgeon" in relation to the practitioner; (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 the practitioner is a member of a surgical class; (c) claim the practitioner is, or hold the practitioner out as being, a member of a surgical class. 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. (3) Subsections (1)(a) and (2)(a)— (a) apply whether or not the title "surgeon" is taken or used with or without any other words and whether in English or any other language; but (b) do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner— (i) holds registration in the dentists division of the dental profession; or (ii) is permitted under this Law, or another law of a State or Territory, to take or use the title "surgeon" for practising a profession other than the medical profession. (4) Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to— (a) any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and (b) the surgical training required to be undertaken by members of the proposed class. (5) In this section— surgical class means the following classes of medical practitioners— (a) a medical practitioner holding specialist registration in the recognised specialty of surgery; (b) a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology; (c) a medical practitioner holding specialist registration in the recognised specialty of ophthalmology; (d) a medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word "surgeon" in a specialist title for the specialty; (e) another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.