Australia: Health Alert: 5 March 2012

Last Updated: 11 March 2012
Article by Anthony Willis

JUDGMENTS

Western Australia. State Administrative Tribunal

Medical Board of Australia and Wild [2012] WASAT 37 (27 February 2012)

The Medical Board of Australia brought an application in the State Administrative Tribunal of Western Australia (Tribunal) against Dr Felicity Wild, alleging that she acted improperly by having an inappropriate personal relationship with a patient and that she acted carelessly by leaving the patient while he was suffering from an overdose of morphine without seeking or providing medical assistance.

Dr Wild agreed that conditions should be imposed on her registration and the parties prepared Minutes of Orders prior to the hearing. These outlined a number of conditions to be placed on Dr Wild's registration, including (amongst others) only providing treatment at her practice during specific hours (unless in emergencies), only maintaining one set of clinical notes for each patient and holding these notes only at her practice, and certain supervision requirements.

The Tribunal found that Dr Wild acted improperly and carelessly and ordered that the conditions (as agreed) should be placed on Dr Wild's registration. The Tribunal also ordered that Dr Wild's registration be suspended for a period of three months. The Tribunal outlined that the purpose of the suspension was not to protect the public from an incompetent practitioner, but to assure the public and members of the medical profession that such conduct will not be tolerated.

LEGISLATION

Commonwealth

National Health (IVF/GIFT Program) Special Arrangement Amendment Instrument 2012 (No. PB 9 of 2012) - F2012L00438 " PB 9 of 2012 as made

National Health (Growth Hormone Program) Special Arrangement Amendment Instrument 2012 (No. 1) (No. PB 8 of 2012) - F2012L00437 " PB 8 of 2012 as made

Health Insurance (Review of GP Mental Health Treatment Plan) Revocation Determination 2012 - F2012L00436 " as made

Australian Capital Territory

Transplantation and Anatomy Amendment Act 2012 (ACT) - Assent: 29 February 2012

Victoria

Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Bill 2012 - Legislative Assembly 28 February 2012: Introduced and read a first time

REPORTS

Australia. Department of Health & Ageing

Media releases

Private Health Insurance Circulars

Australia. Private Health Insurance Administration Council

2 March 2012 - Industry Consultation Opportunity - Proposed Outsourcing Standard for Private Health Insurers - Current Edition - 12/04

Australian Institute of Health & Welfare

2 March 2012 - National Bowel Cancer Screening Program monitoring report: phase 2, July 2008-June 2011 (media release)

Australian Competition & Consumer Commission (ACCC)

Capped fees for after-hours medical care in ACT to continue - The ACCC has authorised CALMS Ltd, the after-hours locum medical service which operates in the ACT.

Australia. Therapeutic Goods Administration

2 March 2012 - Poly Implant Prothese (PIP) breast implants - TGA update - Updated information on safety concerns with PIP breast implants.

2 March 2012 - Update to testing results of PIP breast implants - The Therapeutic Goods Administration (TGA) has increased the number of samples of PIP breast implants tested for shell integrity by measuring the tensile elongation of a further seven samples to the original eight samples that were tested in 201.0

2 March 2012 - Documents released under Section 11C of the Freedom of Information Act 1982 (Cth) - Added FOI 142-1112 documents.

1 March 2012 - King warns against internet medicine purchases - The Hon Catherine King MP.

1 March 2012 - Update to herbal ingredient names - A notice to sponsors on updating the names of ingredients that are currently included in medicines on the Australian Register of Therapeutic Goods (ARTG).

29 February 2012 - Conformity assessment procedures for immunohaematology reagents - This guideline addresses some specific requirements in the regulation of immunohaematology reagents that manufacturers and sponsors need to consider when applying conformity assessment procedures or making applications for inclusion in the ARTG.

29 February 2012 - Information about weight loss product - The TGA will be making a final decision on the weight loss product, the SUPPREXXA Hunger Buster kit, after consideration of material provided by the sponsor, Chika Health Pty Ltd, in support of the claims made about the kit.

Australian National Health & Medical Research Council

27 February 2012 - Australia/Singapore to host leaders in emerging infectious diseases - The brightest minds in emerging infectious diseases research and current technologies have gathered in Singapore for a scientific symposium to discuss the health challenges facing the Asia Pacific. A joint initiative between the National Health and Medical Research Council and the Singapore-based Agency for Science, Technology and Research, the symposium will focus on tuberculosis, influenza and how to combat them.

Australian Capital Territory. Department of Health

Media release

1 March 2012 - Emergency Services News Alerts - For the latest local information about the impact of the wet weather, please visit the ACT Emergency Services website.

27 February 2012 - Improve your health with BEAT IT! - Join the new BEAT IT: Physical Activity and Lifestyle Program, which kicks off on Wednesday 7 March in Bruce.

New South Wales. Ministry of Health

Media releases

Rural Surgery Futures Report 2011-2021

Information bulletin

Northern Territory. Department of Health

Media release

South Australia. Department of Health

Media releases

Tasmania. Department of Health & Human Services

Media releases

Victoria. Department of Health

2 March 2012 - Environmental sustainability and climate adaptation in healthcare - The Department of Health has adopted an overarching set of Sustainability Principles that commits it to respond to the challenges of a changing climate and embed sustainability within its core business.

1 March 2012 - Box Hill breakthrough for leukaemia patients - When Adam Bregu was diagnosed with cancer during the final stages of his VCE, he was determined to get through it – by being treated like a child.

Western Australia. Department of Health

Media releases

New Zealand. Ministry of Health

29 February 2012 - New Zealand Maternity Clinical Indicators 2009 - The New Zealand Maternity Clinical Indicators are an integral part of the Ministry of Health's Maternity Quality Initiative. These indicators are evidence-based and cover a range of procedures and outcomes for mothers and their babies. This benchmarked data will be used to support the local clinical review of maternity services.

28 February 2012 - The Environmental Case Management of Lead-Exposed Persons - These guidelines help public health units to determine the risk of a lead hazards and gives appropriate advice on managing the risk, including risk communication. These revised guidelines build on the 1998 and 2007 editions.

28 February 2012 - A Focus on Maori nutrition - This report presents key findings for Maori from the 2008/09 New Zealand Adult Nutrition Survey, including energy and nutrient intake, dietary supplement use, eating patterns, food security and nutritionrelated health (eg body size, blood pressure and diabetes).

28 February 2012 - A Focus on Pacific Nutrition - This report presents key findings for Pacific peoples from the 2008/09 New Zealand Adult Nutrition Survey, including energy and nutrient intake, dietary supplement use, eating patterns, food security and nutritionrelated health (eg body size, blood pressure and diabetes).

28 February 2012 - Guidance on Surveillance for People at Increased Risk of Colorectal Cancer - This guideline provides evidence-based surveillance recommendations for people at increased risk of colorectal cancer. It updates the 2004 publication Surveillance and Management of Groups at Increased Risk of Colorectal Cancer. It is intended for primary and secondary care providers.

28 February 2012 - Bowel cancer: information for people at increased risk of bowel cancer - Bowel cancer is the second-most common cancer in both men and women in New Zealand.

United Kingdom. Department of Health

Over £100 million given to support groundbreaking clinical research - Over £100m will be invested in NHS clinical research facilities to develop new treatments to benefit thousands of patients. The money, provided by the National Institute for Health Research, will be ... Read more – Over £100 million given to support groundbreaking clinical research

£22 million for ground-breaking children's mental health programme - Up to £22m will be pumped into a pioneering programme to give children with mental health problems access to the best available services in a wider range of places. The ... Read more – £22 million for ground-breaking children's mental health programme

New site to take you inside government - A new test version of a single website for government was made live today. "Inside government" is the corporate platform that will be for specialists seeking a "behind the scenes"... Read more – New site to take you inside government

UK Plan for rare diseases consultation launched - Earlier diagnosis of a rare condition and better coordinated care will help improve the quality of life for people with rare diseases and their families, according to the first ever ... Read more – UK Plan for rare diseases consultation launched

Paul Burstow to take part in Gransnet webchat - Minister for Care Services, Paul Burstow will be taking part in a live webchat on Gransnet, the social networking site for grandparents. The chat with the Minister and the Townswomen's ... Read more – Paul Burstow to take part in Gransnet webchat

Latest topics referred to NICE: January 2012 - Department of Health ministers agreed to refer the following topics to the National Institute for Health and Clinical Excellence (NICE) in January, to begin the process of developing guidance for ... Read more – Latest topics referred to NICE: January 2012

Webchat on autism - On Wednesday 7 March at 2pm, David Behan, Director General for Social Care, Local Government and Care Partnerships will host a webchat with Mark Lever, Chief Executive of the National Autistic Society on issues ... Read more – Webchat on autism

Acting FAST can save hundreds of lives - A campaign set to save the lives of stroke victims from across the country launches today. These hard hitting adverts, which will run until 25 March, aim to get people ... Read more – Acting FAST can save hundreds of lives

Government response to report on public expenditure - Today, the Government published its response to the Health Select Committee report on public expenditure. The Committee's report followed an inquiry into the implications for health and social care services ... Read more – Government response to report on public expenditure

United States of America. Department of Health & Human Services

1 March 2012 - Statement from Secretary Kathleen Sebelius on Women's History Month - Women's History Month is an important time of reflection and celebration for all Americans. We recognise the extraordinary accomplishments of women throughout history, and we celebrate the power of their vital contributions to shape our Nation's future.

29 February 2012 - HHS Statement on Cigarette Health Warning Ruling - This Administration is determined to do everything we can to warn young people about the dangers of smoking, which remains the leading cause of preventable death in America.

28 February 2012 - HHS Secretary Sebelius announces environmental justice strategy - Health & Human Services Secretary, Kathleen Sebelius, along with other federal agencies, today released the Department's 2012 Environmental Justice Strategy and Implementation Plan, outlining steps that will be taken to protect communities facing greater health and environmental risks.

24 February 2012 - Secretary Sebelius announces next stage for providers adopting electronic health records - Health and Human Services Secretary, Kathleen Sebelius today announced the next steps for providers who are using electronic health record technology and receiving incentive payments from Medicare and Medicaid.

© DLA Piper

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

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