JUDGMENTS
Australia. Family Court
Talbot & Norman [2012] FamCA 96 (24 February 2012)
Mr Talbot (applicant) sought an injunction against Ms Norman (respondent) to stop her from aborting their unborn child. The applicant also sought residency and responsibility of the child at birth amongst other orders. The respondent was a child herself and the parties were not married.
The respondent indicated that she did not intend to terminate the pregnancy. Therefore, the court held that there was no factual foundation for the injunction application and it ought to be dismissed.
The court still considered the question of whether it had jurisdiction to make the orders sought. The court stated that it had power to make orders with respect to ex-nuptial children pursuant to Part VII of the Family Law Act 1975 (Cth) (Act). This included the power to grant injunctions for the welfare of a child under section 68B of the Act.
The court cited Paton v The British Pregnancy Advisory Service [1979] 1 QB 276 where it was held that there is no common law right to force the mother of one's child to carry it to term. The court also cited In The Marriage of F [1989] FLC 92-031, where the court held that the word "child" in the Act meant a child once born.
Therefore in the current case the court held that it did not have jurisdiction to consider the injunction applied for. As a result, it could not consider the other requests including residency and responsibility of the child.
New South Wales. Nursing & Midwifery Tribunal
Health Care Complaints Commission v Williamson [2011] NSWNMT 1 (28 March 2012)
Medicine - Nurses - Nurses and Midwives Tribunal - Professional misconduct -Impairment - Disqualification - Costs.
New South Wales. Nursing & Midwifery Professional Standards Committee
Health Care Complaints Commission v Molony [2012] NSWNMPSC 1 (23 March 2012)
The NSW Health Care Complainants Commission (complainant) commenced an inquiry against Karen Molony (respondent), a nurse, for unsatisfactory professional conduct.
The case involved a patient's attendance for leg pain at the Maclean District Hospital. The respondent believed that the patient's injury was musculoskeletal and discharged him after making observations and giving him Panadeine Forte. No medical officer was at the hospital and a doctor was only called after the patient was discharged. The patient was diabetic and a few days later his lower leg was amputated due to blood clots.
The Professional Standards Committee stated that under section 139B(1)(a) of the Health Practitioner Regulation National Law (NSW) No 86a, "unsatisfactory professional conduct" meant "conduct significantly below the standard reasonably expected of a practitioner of an equivalent level of training or experience".
The Committee received a statement from an experienced peer reviewer. It agreed with the reviewer's findings that the respondent had fallen below the required standard in failing to take neurovascular observations, failing to create an adequate record of the consultation and in dispensing medication without a doctor's order.
The Committee found that the respondent did not significantly fall below the standard when she failed to take the patient's vital signs, failed to observe the patient thoroughly after providing Panadeine Forte and failed to call a doctor because she thought the injury was musculoskeletal.
There were sufficient grounds to find the respondent guilty of unsatisfactory professional conduct. She was reprimanded and ordered to complete courses that would improve her standard.
Queensland Civil & Administrative Tribunal
Medical Radiation Technologists Board of Queensland v Sanderson [2012] QCAT 107 (13 March 2012)
Health Practitioner - Ground for Disciplinary Action - where the registrant could not be located during a shift - where the registrant was intoxicated while on shift - where the registrant did not cause harm to a patient or colleague - where conduct constituted unsatisfactory professional conduct.
LEGISLATION
Commonwealth
- National Health Reform Amendment (Administrator and National Health Funding Body) Bill 2012
- Health Insurance (Dental Services) Bill 2012 [No. 2]
- Health Insurance (Dental Services) Bill 2012
- National Health (Indigenous Chronic Disease - PBS Co-payment Measure) Special Arrangement 2012 (No. PB 22 of 2012)
- National Health (Listing of Pharmacetical Benefits) Amendment Instrument 2012 (No. 2) (No. PB 13 of 2012)
- National Health (Listed drugs on F1 or F2) Amendment Determination 2012 (No. 2) (No. PB 17 of 2012)
- National Health (Claims and under co-payment data) Rules 2012 (No. PB 19 of 2012)
- National Health Special Arrangement Revocation Instrument 2012 (No. PB 23 of 2012)
- Health Insurance (Poly Implant Prosthese MRI) Amendment Determination 2012 (No. 1)
- National Health (Price and Special Patient Contribution) Amendment Determination 2012 (No. 2) (No. PB 14 of 2012)
- National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2012 (No. 2) (No. PB 18 of 2012)
- Private Health Insurance (Complying Product) Amendment Rules 2012 (No. 2)
- National Health (Highly specialised drugs program for hospitals) Special Arrangement Amendment Instrument 2012 (No. 2) (No. PB 20 of 2012)
- National Health Act 1953 (Cth) - Amendment determination under paragraph 98C(1)(b) - conditions (No. PB 15 of 2012)
- National Health (Botulinum Toxin Program) Special Arrangement Amendment Instrument 2012 (No. 1) (No. PB 21 of 2012)
- National Health Act (Pharmaceutical Benefits - Early Supply) Amendment April 2012 - specification under subsection 84AAA(2) (No. PB 24 of 2012)
REPORTS
Australia. Department of Health & Ageing
Media releases
- 28 March 2012 - International Experts Complement Australia's Organ and Tissue Donation Reform - Visiting Australia for the 2012 Annual DonateLife Network Forum, Dr Laura Siminoff from the US and Associate Professor Marti Manyalich from Spain have joined delegates to share their experience of organ and tissue donation reform in their home countries and explore opportunities to further Australia's.
- 26 March 2012 - Food and Health Dialogue Communique - The Federal Government's Food and Health Dialogue is continuing its role as a key plank in the Government's effort to reduce salt intake across the population.
- 25 March 2012 - Reduce Salt for Better Health - Countries around the world are joining forces to highlight the role too much salt plays in the development of many diet-related diseases.
Private Health Insurance Circulars
- PHI 22/12 Round 14 (2009-10) and Round 15 (2010-11) National Hospital Cost Data Collection for Private and Private Day Hospital Facilities
- PHI 21/12 New Private Hospital Information
- PHI 20/12 Private Health Insurance (Benefit Requirements)
20 March 2012 - Information Sheets - Quality Care for Older Australians - Information Sheets concerning Residential Aged Care, Veterans and War Widow(er)s, Home and Community Care and the GST.
Australia. Therapeutic Goods Administration
- 29 March 2012 - Prescribing medicines in pregnancy database - Updated database.
- 29 March 2012 - Information about weight loss product - The sponsor of the product SUPPREXXA Hunger Buster AUST L 189644 has cancelled the product's listing on the Australian Register of Therapeutic Goods.
- 28 March 2012 - New ingredient names available for metal amino acid chelates - 17 new specific names for metal amino acid chelates have now been made available for use in the Electronic Listing Facility.
- 28 March 2012 - ACCM extracted ratified minutes, Meeting 6, 3 June 2011 - The Advisory Committee on Complementary Medicines held its sixth meeting on 3 June 2011.
- 27 March 2012 - Homeopathy Plus (Complaint No 2011/05/004) - Decision in relation to an advertisement about homeopathic, homeoprophylaxis and homeoprophylactic products.
Australian Health Practitioner Regulation Agency
30 March 2012 - Call for nominations or expressions of interest for board members in the Australian Capital Territory. | Read Article
Australian Institute of Health & Welfare
- 30 March 2012 - Oral health and use of dental services 2008: findings from the National Dental Telephone Interview Survey 2008 (media release)
- 29 March 2012 - Risk factors contributing to chronic disease (media release)
- 28 March 2012 - Medical workforce 2010 (media release)
Australia. National Health & Medical Research Council
- 30 March 2012 - Helping healthcare providers work with people to manage excess weight
- 29 March 2012 - $2.9 million to help boost access to clinical trials
- Research Tracker - 23 March 2012 edition
Australia. Private Health Insurance Ombudsman
30 March 2012 - 2011 State of the Health Funds Report - The Private Health Insurance Ombudsman today published its annual State of the Health Funds Report, providing information on the comparative performance and service delivery of private health insurance funds in Australia. ...
Australia. Pharmaceutical Benefits Scheme
29 March 2012 - Revised Arrangements for the Efficient Funding of Chemotherapy Drugs - Full implementation from 1 April 2012 - A factsheet on the full implementation from 1 April 2012: key issues for public hospitals - prescribers and pharmacists is now available.
Australian Capital Territory. Department of Health
Media releases
- 30 March 2012 - Survey results show increase in GP numbers - Katy Gallagher, MLA
- 28 March 2012 - Consultation reveals support for new sub-acute hospital and preferred sites - Katy Gallagher, MLA
- 26 March 2012 - Showcasing nurse practitioners - Katy Gallagher, MLA
- 26 March 2012 - ACT launch of Arthritis Awareness Week - Katy Gallagher, MLA
- 23 March 2012 - Best mental health unit in Australia opened - Katy Gallagher, MLA
New South Wales. Ministry of Health
Media releases
- 27 March 2012 - Record number of new nurses employed
- 26 March 2012 - Record number of new nurses employed
- 23 March 2012 - Landmark mental health reform legislation passes parliament
- 23 March 2012 - Improvements to emergency unit at Wellington
- 23 March 2012 - Significant step forward for Dubbo Hospital redevelopment
Information bulletins
- Reporting the loss or theft of accountable drugs under Poisons and Therapeutic Goods legislation-IB2012_008-26/03/2012
Policy directive
- Code of Conduct-PD2012_018-29/03/2012
- VMOs in rural doctors settlement package hospitals indexation of fees from 1 August 2011-PD2012_017-28/03/2012
- Blood - management of fresh blood components-PD2012_016-28/03/2012
Northern Territory. Department of Health
Media releases
- Kon Vatskalis - Health Minister won't apologise for delivering Palmerston Hospital "too quickly" - Health Minister, Kon Vatskalis today reassured Territorians that the Northern Territory Government won't drag its feet on delivering the Palmerston Hospital - despite the Country Liberal Party wanting it to.
- Kon Vatskalis - Record nominations tipped for Nursing & Midwifery Awards - A record number of nominations is expected for the 2012 Nursing and Midwifery Excellence Awards, reflecting the record number of nurses and midwives now working in the Northern Territory.
The Chronicle (Chronic Diseases Network) 2012
South Australia. Department of Health
Media releases
- 28 March 2012 - Health Annual Report tabled in Parliament
- 26 March 2012 - Mental health beds transfer to Community Centres
Tasmania. Department of Health & Human Services
- 28 March 2012 - Royal Hobart Hospital masterplan unveiled
- 27 March 2012 - Mersey patients enjoy new Emergency Department
- 27 March 2012 - Protect yourself from flu this winter
Victoria. Department of Health
- Legionnaires' disease cluster
- 28 March 2012 - New Ministerial Advisory Committee on GLBTI Health and Wellbeing - An opportunity for Victorians to help improve the health and wellbeing of the state's gay, lesbian, bisexual, transgender and intersex community.
- 26 March 2012 - Shining the light on Aboriginal health in Victoria - Minister for Health, David Davis has launched a Victorian first study into the health and wellbeing of Aboriginal Victorians.
Hospital circulars
- March 2012 - Publication Number 07 / 2012 - Subject: 2012 Seasonal influenza vaccine for eligible patients.
- 20 March 2012 - Publication Number 06 / 2012 - Subject: Revised Guidelines and Directions for post-incident testing orders and authorisations.
Western Australia. Department of Health
- 30 March 2012 - Free vaccine to guard against flu
- 28 March 2012 - Minister for Health: Busselton Health Campus concept finalised
- 27 March 2012 - Minister for Health: New fast CT scanner for PMH a WA first
- 27 March 2012 - Ministers for Health and Regional Development: Recruitment drive for specialised nurses
- 27 March 2012 - New homebirth policy promotes choice and safety
- 27 March 2012 - Minister for Mental Health: Alcohol and cancer campaign launched
United Kingdom. Department of Health
- Personal health budgets update - March 2012 - A pilot programme involving around half the primary care trusts in England is currently underway to test out personal health budgets in the National Health Service (NHS). The latest edition of the personal... Read more - Personal health budgets update - March 2012
- The week: issue 241 - On the agenda this week: the Secretary of State writes to all NHS staff following the Royal Assent of the Health and Social Care Bill this week, the Prime Minister ... Read more - the week: issue 241
- The Month: Special Issue 52, March 2012 - This special issue of "the month" carries a detailed letter from NHS Chief Executive, Sir David Nicholson on the passing of the Health and Social Care Bill and what the ... Read more - The Month: Special Issue 52, March 2012
- Medical Directors' Bulletin - March 2012 - In the March edition of the bulletin, NHS Medical Director, Bruce Keogh reflects on the Health and Social Care Bill and what it now means for medical directors in the ... Read more - Medical Directors' Bulletin - March 2012
- GP and Practice Team Bulletin March 2012 - Issue 111 of the GP and Practice Team Bulletin is now online. In the March issue Dame Barbara Hakin, National Director of Commissioning Development, provides her second update focusing on ... Read more - GP and Practice Team Bulletin March 2012
- Transforming Public Health Bulletin - March 2012 - In Issue 7 of the Transforming Public Health Bulletin, Anita Marsland discusses the Public Health Engagement Group, what Day One might look like at Public Health England and a new ... Read more - Transforming Public Health Bulletin - March 2012
United States of America. Department of Health & Human Services
- HHS announces new members of the Interagency Autism Coordinating Committee - Health and Human Services Secretary, Kathleen Sebelius announced today that she has invited 15 individuals to serve as public members on the Interagency Autism Coordinating Committee.
- HHS selects winners of heart health apps challenge - The winners of a search for innovative technology applications to help solve tough health IT problems were announced 25 March in Chicago by the National Coordinator for Health Information Technology, Farzad Mostashari, M.D., Sc.M.
Australian Medical Association
- 30 March 2012 - Australian Medical Association (AMA) takes strong stance on non-medical prescribing - In response to a growing trend to grant prescribing rights to more non-medical health professionals, the AMA has adopted a formal position rejecting all forms of non-medical practitioner prescribing, with the exception of dentists.
- 28 March 2012 - Family Doctor Week 2012 - Family Doctor Week highlights the role played by General Practitioners (GPs), also known as family doctors, in delivering high-quality health care in local communities all around Australia. This year, Family Doctor Week runs from Monday 16 July to Sunday 22 July. The AMA President's annual address to the National Press Club coincides with Family Doctor Week, and is scheduled for Wednesday 18 July 2012.This year's theme is "For A Lifetime of Trusted Care". The theme encapsulates family doctors' ability to provide skilled care for patients at every phase of life. Family Doctor Week aims to highlight the vital role played by local family doctors in delivering high-quality health care and in keeping Australians healthy. It is also an important reminder to the community of the importance of having a family doctor.
- 28 March 2012 - Personally Controlled Electronic Health Record (PCEHR) and the Medical Benefits Scheme - more work for and no reward for GPs - AMA President, Dr Steve Hambleton said today that the Health Minister's announcement about Medicare rebates for preparing shared health summaries for the PCEHR raises more questions than answers. Dr Hambleton said it is still unclear whether Medicare rebates will be available for this new clinical service that GPs are being asked to provide for their patients.
- 27 March 2012 - Take care with medicines - In support of NPS Be Medicinewise Week 2012, the AMA is urging all Australians who are taking medicines, be they prescription or over the counter, to take the time to learn about their medications and to use them safely according to the prescription or the instructions. AMA President, Dr Steve Hambleton said today that people should carefully follow the medicines advice provided by their family GP and to always consult their GP with any doubts or questions about their medication.
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