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Medical Board “Bonk Ban”: what you need to know

It has always been essential for doctors to maintain professional boundaries and not establish or pursue any sexual, exploitative or other inappropriate relationship with someone under their care. Such relationships are always unethical and usually harmful to patients and the wider community because of issues surrounding power imbalance, trust, safety and quality of health care. However, the new ...

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New Interim Code of Practice for Retirement Villages (No. 2) 2018

The retirement village industry in WA will be aware that a code of practice is prescribed in respect of retirement villages from time to time. Although the existence of such a code is expressly recognised in the Retirement Villages Act 1992 (WA), it is in fact prescribed under the Fair Trading Act 2010 (WA). Until 30 September 2018, retirement villages were operating under the Interim Code of Fair Practice for Retirement Villages 2018....

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Recommendation for mandatory RN care in residential aged care facilities

The House of Representatives Standing Committee on Health, Aged Care and Sport released the final report on Quality of Care in Residential Aged Care Facilities on 22 October 2018 (the Report).  The Report comes after a series of government inquiries into aged care and with the aged care royal commission being called toward the end of the inquiry (the Terms of Reference of which can be read here)....

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ROYAL COMMISSION INTO AGED CARE QUALITY AND SAFETY

The Royal Commission into Aged Care Quality and Safety is to examine the quality of care in residential and home care services provided to senior Australians, as well as to younger persons with disability who are living in residential aged care. The calling of the Royal Commission will bring a dramatic escalation in media glare and public scrutiny to the Aged Care sector – a sector that has already endured 20 aged care reviews in the last 20 years....

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Another inquiry into aged care? What is the Aged Care Royal Commission, and how will it be different?

Prime Minister Scott Morrison has announced the Government's decision to ask the Governor General to establish a Royal Commission into the aged care sector.  This is not the first government investigation into aged care in recent history. What is a Royal Commission? A Royal Commission is a public inquiry established under the Royal Commissions Act 1902 (Cth) (“Royal Commissions Act”)....

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Doctor denied procedural fairness by Tribunal

Proceedings had been commenced in the Tribunal by the Medical Board alleging a breach of professional boundaries, sexual misconduct, misleading entries in clinical notes and making false statements to AHPRA and the Board. Following conferral between the parties, a document entitled "Minute of Proposed Orders" was signed by the solicitors acting for the parties. The Minute took the form of an order ...

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No obligation on Tribunal to make all or any combination of protective orders available

Following the making of findings of professional misconduct against a registered nurse who had commenced a sexual relationship with a patient under his care in a psychiatric facility, the nurse consented to a package of orders which included (1) cancellation, (2) disqualification and (3) prohibition. Despite the nurse's consent and the absence of any argument about protective orders, the Tribunal made only one of the protective orders, being (1) cancellation....

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Senate Standing Committee reports on AHPRA complaints management.

Following review of numerous submissions from stakeholders and two public hearings, the Senate Standing Committee has found that AHPRA's failure to provide information and transparency in its complaints process has led to both practitioners and notifiers losing confidence in the system. Criticism was also raised of the length of time taken to process complaints. The committee formulated 14 recommendations ...

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New WA Medicine and Poisons Regulations

A key aim of the regulations is to control the potential for the misuse of hard drugs by implementing a system to identify and regulate ‘doctor shopping’.   Health Minister John Day says the legislation “establishes the legal framework for the transfer of information about the prescribing and dispensing of controlled drugs such as morphine and dexamphetamine, through the use of real-time reporting systems....

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Professional Services Review Annual Report 2015-16

In 2015/16 there was an increase in the number of investigations of Chronic Disease Management and MBS Health Assessment items. Many practitioners providing high numbers of these services were found to use computer-generated templates leading to plans with minimal content specific to the patient for whom it had been prepared. Further, some team care arrangement plans were made without ...

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State Administrative Tribunal Annual Report 2015-2016

Vocational Regulation matters, which include disciplinary and professional regulation of health practitioners, lawyers, security agents and real estate and settlement agents, comprised only 3% of matters in the Tribunal for 2015/16 period, with 80% of those matters able to be resolved within 25 weeks of the date of lodgement - 2 weeks shorter than the Tribunal's benchmark. Matters ...

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COAG Health Council meeting considers paramedics, midwives and chiropractors

At the COAG Health Council meeting on 7 October 2016, Health Ministers agreed to proceed with amendments to the Health Practitioner Regulation National Law (the National Law) to bring paramedics into the National Registration and Accreditation Scheme (NRAS) for health professions, alongside 14 other regulated health professions. A draft amendment bill is expected to be brought forward to Ministers for approval early in 2017....

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