Health Alert: 6 February 2012 - Part 1 - Healthcare

JUDGMENTS

New South Wales. Chiropractors Tribunal

RAJEK v CHIROPRACTIC COUNCIL OF NSW [2012] NSWCHT 1 (24 January 2012

Mr Roman Rajek (the applicant) applied to the Chiropractic Council of New South Wales (Council) requesting review of an Order made by the Chiropractors and Osteopaths Board of NSW. The Order imposed a condition on the applicant's registration preventing him from using the prefix "Dr" or any reference to "Doctor" in connection with his practice as a chiropractor.

The Order was made because the applicant was found guilty of professional misconduct under the Chiropractors and Osteopaths Act 1991 (1991 Act) for his usage of the title ''Doctor" and the prefix "Dr" without appropriate qualifications.

The Council referred the application to the Chiropractic Tribunal (Tribunal) and an inquiry was conducted to review the appropriateness of the Order. At the inquiry, the Council submitted that, due to the common usage by chiropractors throughout Australia of the title "Doctor" or variants on it, the condition does not operate to protect the public.

The Council also submitted that the law no longer prevents practitioners from adopting the title "Doctor" or variants on it. Briefly, the legislative developments include the Health Practitioner Regulation National Law (NSW) No 86a replacing the 1991 Act and the Chiropractors Act 2001 (NSW).

The Tribunal found there was no longer any purpose served by the condition and ordered that it be removed from the applicant's registration. The Tribunal also emphasised the need for all registered chiropractors to be familiar with the Code of Conduct for Chiropractors and the Guidelines for advertising of regulated health service'.

EPSTEIN v CHIROPRACTIC COUNCIL OF NEW SOUTH WALES [2011] NSWCHT 3 (15 November 2011

Chiropractor - condition placed upon registration by previous Board under NSW regulatory scheme restricting use of title "Dr" - National Registration Scheme has no such restriction - application by practitioner to have condition lifted.

New South Wales. Psychologists Tribunal

HCCC v KREFT (No. 2) [2012] NSWPST 1 (25 January 2012)

Registered psychologist - unsatisfactory professional conduct - professional misconduct - two female clients - inappropriate conduct during counselling sessions - failure to maintain professional boundaries - inappropriate personal relationship.

South Australia. Health Practitioners Tribunal

Dental Board of Australia v Smithson [2012] SAHPT 1 (27 January 2012)

Dr Paul Smithson (the respondent), a registered dentist, was found by the South Australian Health Practitioners Tribunal to have engaged in unprofessional conduct. The respondent caused a patient much distress and ignored multiple requests to stop during an unsuccessful attempt to extract a tooth over a period of more than three hours.

The Tribunal took into consideration that this was the respondent's first incident in 31 years of practice and that the treatment was not done for financial gain. The Tribunal made a note for all practitioners that it is their responsibility alone to ensure that appropriate and proper treatment is at all times afforded.

The Tribunal emphasised that the purpose of disciplinary proceedings is to protect the public, not to punish the practitioner, and that their orders are aimed to prevent persons who are unfit to practice from practising and securing the maintenance of proper professional standards.

In an attempt to deter other practitioners from acting in the manner that the respondent did, the Tribunal ordered that he pay an $8,000 fine, attend sessions with a psychologist and an oral maxillofacial surgeon, take comprehensive treatment notes, be subject to random site visits by a dentist to discuss treatment and patient management, and be subject to audits of compliance. The Tribunal also ordered that the respondent will be censured.

Victorian Civil & Administrative Tribunal

Medical Board of Australia v Kanathigoda (Occupational and Business Regulation) [2012] VCAT 75 (19 January 2012)

Occupational & Business Regulation List - health profession - medical practitioner - allegations of improper examination on a female patient - whether an examination took place - allegations of failing to discuss purpose of referral with patient - unsatisfactory performance of medical practitioner - Health Professions Registration Act 2005 ss 3, 77 - definition of "unprofessional conduct" and "professional misconduct".

Sherman v Medical Board of Australia (Occupational and Business Regulation) [2012] VCAT 47 (16 January 2012)

Medical practitioner - review of decision to refuse registration.

REPORTS

Australia. Department of Health & Ageing

Media releases

2 February 2012- More Indigenous Aged Care and Primary Health Care Workers for Remote Communities -83 Aboriginal and Torres Strait Islander aged and primary health care trainees from the Indigenous Remote Service Delivery Traineeship Program have completed training with new, nationally recognised qualifications in business and management.
1 February 2012- Changes to Better Access -In the 2011-12 Budget, the Australian Government brought in changes to the Better Access program to deliver a mental health package that better targeted and supported some of the most disadvantaged people in our community.
31 January 2012- New Kits Rolled Out To Tackle Ear Disease -A new resource kit to tackle ear disease amongst Aboriginal and Torres Strait Islander kids has been launched by the Minister for Indigenous Health, Warren Snowdon.
25 January 2012- Senior Australian of the Year 2012 -Minister for Mental Health and Ageing and Minister for Social Inclusion, Mark Butler has congratulated the nonagenarian Indigenous community leader from north-east Arnhem Land, Laurie Baymarrwangga, who is this year's Senior Australian of the Year.
23 January 2012- Open for Business: Australia's First National Mental Health Commission -The Minister for Mental Health and Ageing, Mark Butler launched Australia's first National Mental Health Commission on 23 January 2012.
22 January 2012- NBN to further boost Telehealth Takeup-A new $20.6 million telehealth program using the National Broadband Network (NBN) will provide new and innovative in-home telehealth services to older Australians, people living with cancer and those requiring palliative care.
21 January 2012- New Ads Encourage Australians to Shape Mental Health Reform -From 21 January 2012, advertisements are appearing in newspapers across the country inviting Australians with a lived experience of mental illness to help shape national mental health reform.
Private Health Insurance Circulars
PHI 06/12 New (day-only) Hospital Information
PHI 05/12 February 2012 Prostheses List and the Prostheses List Information Sessions

Rural Clinical Training and Support (RCTS) 2011-2014 - Program Guidelines - The Rural Clinical Training and Support (RCTS) program is the amalgamation of the Rural Clinical School and Rural Undergraduate Support and Coordination programs.

Ten-year roadmap for national mental health reform: draft - The draft roadmap details a commitment by governments to a long-term national reform plan for mental health to guide future action and investment across Australia over the next 10 years.

27 January 2012 - Aged Care Essentials Newsletter, Edition, 4 2011

27 January 2012 - Information provided by the Western Australian Government State Health Incident Coordination Centre

Australia. Private Health Insurance Ombudsman

1 February 2012 - Quarterly Bulletin 61 - The latest Bulletin is now online.... - Read more

Australia. Productivity Commission

Report on Government Services 2012 - The Report on Government Services 2012 was released on 31 January 2012. (whole report) or Part E (Health):
Health sector summary

Summary, attachment tables and DQIs (PDF - 1145 Kb)
Attachment tables only (XLS - 884 Kb)
Chapter 10 Public hospitals
Chapter, attachment tables and DQIs (PDF - 1315 Kb)
Attachment tables only (XLS - 1886 Kb)
Chapter 11 Primary and community health
Chapter, attachment tables and DQIs (PDF - 2057 Kb)
Attachment tables only (XLS - 1346 Kb)
Chapter 12 Mental health management
Chapter, attachment tables and DQIs (PDF - 986 Kb)
Attachment tables only (XLS - 1070 Kb)

Australian Health Practitioner Regulation Agency & the boards

AHPRA releases new Advertising Fact Sheet and Frequently Asked Questions. - 27 January 2012 | Read Article

Call for Nominations or Expressions of Interest for Northern Territory Board Members. - 25 January 2012 | Read Article

The Nursing and Midwifery Board of Australia releases its latest Communique - 1 February 2012 | Read Article

Seeking qualified and experienced parties to review the Enrolled Nurse Competency Standards. - 24 January 2012 | Read Article

The Pharmacy Board of Australia releases its latest Communique. - 30 January 2012 | Read Article

The Chinese Medicine Board releases its information session schedule regarding national registration. - 24 January 2012 | Read Article

The Chinese Medicine Board of Australia releases feed-back about the consultation. - 18 January 2012 | Read Article

Medical Radiation Practice Board Releases New Consultation Paper. - 24 January 2012 | Read Article

Australia. Office of the Australian Information Commissioner

25 January 2012 - Submission on Personally Controlled Electronic Health Records Bill

Australia. Therapeutic Goods Administration

3 February 2012 - Black Salve in treating cancer - TGA warns consumers about the use of Black Salve in treating cancer

1 February 2012 - Medicines Safety Update, Volume 3, Number 1, February 2012 > - February 2012 edition of the Medicines Safety Update

1 February 2012 - Scheduling news - Updates and news about scheduling medicines and poisons

1 February 2012 - Reasons for scheduling delegates' final decisions, February 2012 - Final decisions and reasons for amendments to the Poisons Standard

1 February 2012 - Public submissions on scheduling matters referred to ACCS#3 and ACMS#4 (October 2011) - Additional submissions on scheduling matters for ACCS and ACMS October 2011 meetings

28 January 2012 - ANZTPA Implementation Ministerial Council communique - Trans Tasman Ministerial Council agrees foundations for joint therapeutic products regulator

27 January 2012 - Poly Implant Prothese (PIP) breast implants - TGA update - Updated information on PIP breast implants

27 January 2012 - Statutory expert committee vacancies - The TGA is seeking expressions of interest from experts for various committees

25 January 2012 - Advisory Committee on Prescription Medicines (ACPM) - Updated member information

24 January 2012 - Questions & answers about the streamlined submission process - Updated information on proposed trade names

24 January 2012 - Miraculous Evil Root tablets - The supply of Miraculous Evil Root tablets in Australia is illegal

20 January 2012 - Poly Implant Prothese (PIP) breast implants - the Australian perspective - the Australian perspective - Updated information on PIP breast implants

Australian Capital Territory. Department of Health

Media releases

26 January 2012 - Survey findings to guide Government investment in physical activity and nutrition -Katy Gallagher, MLA
26 January 2012 - Government provides $316,000 to promote healthy school communities -Katy Gallagher, MLA
24 January 2012 - New state of the art Mental Health centre nears completion -Katy Gallagher, MLA
23 January 2012 - ACT Government welcomes plans to tackle problem gambling -Katy Gallagher, MLA
20 January 2012 - New North Canberra Hospital moves a step closer -Katy Gallagher, MLA

Child Physical Activity and Nutrition (26 January 2012) - This report presents results from the second ACTPAN survey conducted in 2009 of year six school children.

New Northside Hospital (20 January 2012) - A site selection assessment has been conducted for a new sub-acute facility on Canberra's northside.

Related Article

Health Alert: 6 February 2012 - Part 2

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.

DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to www.dlapiper.com

Australia: Health Alert: 6 February 2012 - Part 1