JUDGMENTS
New South Wales
The Health Care Complaints Commission (defendant) investigated two complaints against the Australian Vaccination Network Inc (plaintiff) alleging that it engaged in misleading or deceptive conduct. The plaintiff provided information to dissuade people from being, or having their children, vaccinated. The defendant investigated the complaint, made recommendations in a report and issued a public warning that the plaintiff's information posed a risk to public safety.
The plaintiff sought a declaration in the Supreme Court of New South Wales that the defendant did not have power under law to perform the investigation. The parties agreed that the defendant had power to investigate "a health service which affects the clinical management or care of an individual client".
The defendant argued that the definition applies to the plaintiff because people access the information and use it to make vaccination decisions. It submitted that it did not need to identify a particular person who was affected. The plaintiff argued that a particular individual had to be affected and this is not satisfied by providing information to the public at large.
The court found that it needed to decide on the point (it was a jurisdictional fact) and held that a causal connection was needed otherwise the words were irrelevant. It held that the defendant was not able to point to an individual client who was affected, so the causal connection was not established. It made a declaration that the investigation was beyond power (ultra vires).
New South Wales. Medical Tribunal
15 February 2012 - Hasil, Roman
12 March 2012 - Tsouroutis, Michael
The Health Care Complaints Commission brought proceedings in the Medical Tribunal of New South Wales (Tribunal) against Dr Michael Tsouroutis (respondent) alleging either unsatisfactory professional conduct or professional misconduct.
The respondent failed to comply with a condition on his registration requiring him to meet with a professional mentor at regular intervals (such condition imposed because he was found guilty of prescribing drugs without exercising responsible judgment).
The respondent conceded that he breached this condition and that he was guilty of unsatisfactory professional conduct. However, he denied that he was guilty of professional misconduct. To this end, the role of the Tribunal was to determine whether the respondent's conduct was of a sufficiently serious nature to justify suspension or cancellation of his registration.
The Tribunal was critical of the respondent's failure to respond to letters from the New South Wales Medical Board requesting a report from his mentor and the fact that he misled his psychiatrist regarding attendance at meetings with his mentor.
The Tribunal acknowledged that personal circumstances caused the respondent anxiety and contributed to his breach. He had a busy practice, struggled with heavy commitments as treasurer of a medical college and needed to drive over two hours to meet with his mentor.
The Tribunal found that the respondent's breach did not impact on his ability to practice medicine and to attend to his patients, and did not find him guilty of professional misconduct. The Tribunal ordered that the respondent be reprimanded for his unsatisfactory professional conduct.
Tasmanian Health Practitioners Tribunal
United States of America. Supreme Court
20 March 2012 - Mayo
Collaborative Services v. Prometheus Laboratories,
Inc.
"Tuesday, the United States Supreme Court issued a unanimous
(9-0) decision in Mayo Collaborative Servs. v. Prometheus Labs.,
Inc. In holding that Prometheus's claims were not eligible for
patenting, the Court stated that the claims sought to protect
"the underlying laws of nature themselves" (Slip Op., p.
24), rather than a specific application of those laws of nature.
The Court further emphasized that, although a claim may recite a
law of nature, the novel and nonobvious aspects of the claim must
be separate from the law of nature. That is, in evaluating claim
elements that are separate from the law of nature recitation, the
§101 patent-eligibility inquiry and inquiries under
§§102, 103, and 112 may overlap. (Id. at p. 21.) Although
this Opinion was issued in the context of a diagnostic method, the
positions taken by the Court affect other technologies as
well." (National Law Review, 21 March 2012)
LEGISLATION Commonwealth
- Health Insurance (Dental Services) Bill 2012 [No. 2]
- National Health Amendment (Fifth Community Pharmacy Agreement Initiatives) Act 2012 - assented to on 20 March 2012
- National Health (Weighted average disclosed price - second transitional disclosure cycle) Amendment Determination 2012 (No. PB 7 of 2012)
- National Health (Weighted average disclosed price - main disclosure cycle) Amendment Determination 2012 (No. PB 6 of 2012)
- Health Insurance Act 1973 - Declaration of Quality Assurance Activity under section 124X (QAA No. 1/2012)
- Private Health Insurance (Complying Product) Amendment Rules 2012 (No. 1)
- User Rights Amendment Principles 2012 (No. 1)
- Private Health Insurance (Benefit Requirements) Amendment Rules 2012 (No. 1)
- Aged Care (Residential Care Subsidy - Amount of Transitional Supplement) Determination 2012 (No. 1)
- Aged Care (Residential Care Subsidy - Amount of Respite Supplement) Determination 2012 (No. 1)
- Aged Care (Residential Care Subsidy - Amount of Transitional Accommodation Supplement) Determination 2012 (No. 1)
- Aged Care (Residential Care Subsidy - Amount of Pensioner Supplement) Determination 2012 (No. 1)
- Aged Care (Residential Care Subsidy - Amount of Concessional Resident Supplement) Determination 2012 (No. 1)
- Aged Care (Residential Care Subsidy - Amount of Accommodation Supplement) Determination 2012 (No. 1)
New South Wales
Mental Health Commission Act 2012 No. 13 - assent on 21 March 2012.
Northern Territory
Mental Health and Related Services Amendment Act 2012 No. 3 (NT) was assented to on 21 March 2012 (not available on the internet).
South Australia
Mental Health (Inpatient) Amendment Bill 2012 - House of Assembly second reading speech 14 March 2012.
REPORTS
Australia. Department of Health & Ageing
Media releases
- 22 March 2012 - Celebrating Close the Gap Day - Hundreds of events will be staged across the country on 22 March to mark National Close the Gap Day.
- 22 March 2012 - Health Research Investment Delivering Back to the Economy - The Minister for Indigenous Health, Warren Snowdon has welcomed research showing government investment in a leading Northern Territory health research school is delivering a threefold return to the economy.
- 19 March 2012 - Making Sure Our Carers are OK - Australia's 2.6 million carers will have access to emotional and psychological support into the future with the announcement today that funding has been guaranteed for counselling services for carers for an extra year.
- 16 March 2012 - Private Health Insurance Rebate Mean-test Becomes Law - Health Minister, Tanya Plibersek welcomed the passage of legislation through parliament to means-test the private health insurance rebate on 16 March 2012.
Private Health Insurance Circulars
- PHI 19/12 Amendment to the Private Health Insurance (Prostheses) Rules 2012 (No. 1)
- PHI 18/12 Information Regarding Health Insurance Business
- PHI 17/12 Private Health Insurance (Complying Product) Amendment Rules 2012 (No. 1) and Private Health Insurance (Benefit Requirements) Amendment Rules 2012 (No. 1)
- PHI 16/12 Part B of Application Form
- PHI 15/12 New Private Hospitals Information
- PHI 14/12 Means Testing the Private Health Insurance Rebate and Medicare Levy Surcharge (Fairer Private Health Insurance Incentive Tiers)
- PHI 13/12 New Private Hospital Information
- PHI 12/12 Appointments to the Private Health Insurance Administration Council
Revised Residential Care Fees and Charges - Schedule of Fees and Charges: From 20 March 2012
Australian National Council on Drugs
Naltrexone Position Statement 2012
Australia. Parliament. House of Representatives. Standing Committee on Health & Ageing
Inquiry into Dementia: Early diagnosis and Intervention - On Tuesday 20 March 2012, the Minister for Mental Health, the Hon Mark Butler MP asked the Committee to inquire into and report on "Dementia: Early diagnosis and Intervention". The Committee invites interested persons and organisations to make submissions addressing the terms of reference by Wednesday 2 May 2012. - Terms of reference
Roundtable on Late Effects of Polio/Post-Polio Syndrome
Australia. Parliament. Senate. Standing Committee on Community Affairs
Personally Controlled Electronic Health Records Bill 2011 - Report
Australia. National Medical Health & Research Council
16 March 2012 - ICGC launches new project and releases more genomic data on cancer
Australian Health Practitioner Regulation Agency & The Boards
- 22 March 2012 - The Medical Board consults on a proposed registration standard for endorsement for acupuncture. | Read Article
- 22 March 2012 - The Medical Board consults on draft supplementary guidelines on cosmetic medical and surgical procedures. | Read Article
- 20 March 2012 - The [Medical Radiation Practice] Board has released the presentation used during recent information sessions. | Read Article
- 19 March 2012 - The Medical Board, Australian Health Practitioner Regulation Agency and Australian Medical Council welcome focus on International Medical Graduates. | Read Article
- 19 March 2012 - The Chinese Medicine Board of Australia releases its latest communiqué. | Read Article
- 19 March 2012 - The Podiatry Board of Australia releases a sample log sheet for Endorsement of Scheduled Medicines. | Read Article
- 16 March 2012 - The [Medical Radiation Practice] Board has been reviewing further qualifications for inclusion on the Equivalent Qualifications List. | Read Article
- 15 March 2012 - The Medical Board of Australia releases a statement on who should be registered. | Read Article
- 15 March 2012 - The Chair of the [Psychology] Board, Professor Brin Grenyer, invites you to attend a national forum. | Read Article
- 14 March 2012 - The Nursing and Midwifery Board of Australia releases its latest communiqué. | Read Article
- 14 March 2012 - The Aboriginal and Torres Strait Islander Health Practice Board of Australia releases its latest communiqué. | Read Article
- 9 March 2012 - The Approved Programs of Study list for Chinese Medicine has been updated. | Read Article
Australia. Therapeutic Goods Administration
- 22 March 2012 - Documents released under Section 11C of the Freedom of Information Act 1982 - Added FOI 161-1112 documents.
- 21 March 2012 - Batches of CSL human albumin (Albumex 4, Albumex 20) released from quarantine - Updated batches of Albumex that have been authorised for use following testing for ethylene glycol.
- 19 March 2012 - Black and red salves in treating cancer - Therapeutic Goods Administration (TGA) warns consumers about the use of black and red salves in treating cancer.
- 19 March 2012 - International Medical Device Regulators Forum - Good progress and a commitment to advancing regulatory convergence and public health marked the inaugural International Medical Device Regulators Forum meeting, which took place in Singapore on 28 February to 1 March 2012.
Australian Capital Territory. Department of Health
- 23 March 2012 - New Adult Mental Health Unit - Canberra Hospital's new Adult Mental Health Unit provides people with hope, choice, privacy and personal space.
- Media releases
- 16 March 2012 - ACT Community shares views on chronic disease care - Katy Gallagher, MLA
- 15 March 2012 - A new community helping people with a disability live independently - Katy Gallagher, MLA
New South Wales. Ministry of Health
Media releases
- 22 March 2012 - Closing The Gap: NSW Government To Increase Aboriginal Mental Health Workforce
- 22 March 2012 - NSW Government Unveils Plans For Campbelltown Hospital Upgrade - Work Set To Begin In May
- 22 March 2012 - Skinner Halts Labor's Mental Health Sell-Off
- 22 March 2012 - Closing The Gap: A 10-Year Plan To Improve Aboriginal Health
- 21 March 2012 - NSW Government Unveils Plans For Campbelltown Hospital Upgrade - Work Set To Begin In May
- 21 March 2012 - Better Cancer Care For South-West Sydney
- 20 March 2012 - More Health Infrastructure - another win for patients in rural and regional NSW
- 19 March 2012 - Work To Start On New Rehab Facility At Kurri Kurri
- 19 March 2012 - New Life for Blue Mountains Hospital
Policy directives
- Area of Need Program-PD2012_015-16/03/2012
- Human Tissue - Consent for Donation of Regenerative Tissue by Young Children & Consent Form-PD2012_014-13/02/2012
Towards an Aboriginal Health Plan for NSW: Discussion Paper-20/03/2012
Northern Territory. Department of Health
Media releases
- RDH doctor awarded Fulbright Scholarship - An infectious diseases registrar from Royal Darwin Hospital is heading to the US after being awarded a prestigious Fullbright Scholarship.
- Paul Henderson - New report identifies investment into Indigenous Health research paying off - A new report evaluating the economic contribution of Australia's leading Aboriginal health research institute shows it made a significant contribution to the Australian economy.
Tasmania. Department of Health & Human Services
March 2012 - Council of Obstetric and Paediatric Mortality and Morbidity Newsletter
Media releases
- 22 March 2012 - Prioritising Patients Most in Need - Minister for Health
- 16 March 2012 - Look Out for Your Eyesight - Minister for Health
- 15 March 2012 - Rockliff Adds Up Another Error - Minister for Health
Victoria. Department of Health
- 22 March 2012 - Improving our understanding of Victorians with an intellectual disability - Results of the first ever Victorian Population Health Survey of people with an intellectual disability.
- 19 March 2012 - Temporary hospital deployed to flood-affected Numurkah - A temporary hospital has been opened in Numurkah to help meet the urgent care needs of the flood-affected community.
- - Tell the world what you want to see in your lifetime. Progress in the global fight against tuberculosis (TB) cannot wait. For the World TB Day Campaign 2012, you can make an individual call to stop TB in your lifetime.
Western Australia. Department of Health
Media releases
- 21 March 2012 - Minister for Mental Health: Breaking the language barrier on drugs and alcohol
- 20 March 2012 - Mosquito-borne disease threat continues across WA
- 19 March 2012 - Minister for Health: Nominations open for nursing award excellence
New Zealand. Ministry of Health
- 22 March 2012 - HIV/AIDS Country Progress Report New Zealand - Reporting Period: January 2010 - December 2011.
- 21 March 2012 - Disability Support Services Strategic Plan 2010 to 2014 - The Ministry of Health's Disability Support Services group (DSS) has developed a four-year Strategic Plan for the period July 2010 to June 2014.
- 19 March 2012 - Health of M?ori Children and Young People with Chronic Conditions and Disabilities - The report provides an overview of secondary health service utilisation patterns for M?ori children and young people with chronic conditions and disabilities. The last section of the report presents the New Zealand Children's Social Health Monitor, which considers how M?ori children are faring in the current economic downturn.
- 16 March 2012 - Cancer patient survival - change over time update - covering the period 1994 to 2009 - This publication is an update to the cancer patient survival covering the period 1994 to 2007 publication released by the Ministry of Health in 2010. It is not a standalone document.
United Kingdom. Department of Health
- The week: issue 240 - On the agenda this week: the 2011 National Health Service Staff Survey results are published with a summary plus full report for all trusts, the Department confirms £10 million of funding for ... Read more - the week: issue 240
- Be Clear on Cancer - national campaign to promote earlier diagnosis of lung cancer - The campaign is to raise public awareness of the symptoms of lung cancer and encourage people with persistent symptoms to go to see their general practitioner. It will target people over ... Read more - Be Clear on Cancer - national campaign to promote earlier diagnosis of lung cancer
- Report on evaluation of integrated care pilots - The Department of Health has published a report on a two year independent study of integrated care pilots. The evaluation which commenced in 2009 looked at 16 sites across England who undertook ... Read more - Report on evaluation of integrated care pilots
- Evaluation of the bowel cancer awareness pilot - The first regional bowel cancer awareness campaign ran in the East of England and South West in January 2011. The campaign was intended to raise awareness of the symptoms of ... Read more - Evaluation of the bowel cancer awareness pilot
- Step by step guide to calculating the Payment by Results national tariff published - The guide to calculating the national tariff is published as part of the confirmation of the arrangements for Payment by Results in 2012-13. The Department of Health is committed ... Read more - Step by step guide to calculating the Payment by Results national tariff published
- Let's Get Moving resources help promote physical activity - The Department of Health is publishing updated Let's Get Moving resources, which have been revised to bring them into line with current practice and the latest guidelines for physical activity The revised ... Read more - Let's Get Moving resources help promote physical activity
Canada. Health Canada
- 21 March 2012 - Action Against Tuberculosis among Canada's First Nations People
- 21 March 2012 - New health warnings appearing soon on cigarettes and little cigar packages
- 20 March 2012 - Harper Government Announces Funding to Support Case Managers in the Health Care Sector
- 20 March 2012 - Harper Government Announces Funds to Improve Quality Nursing Services in Rural and Remote Canada
- 19 March 2012 - Minister of Health Highlights the Importance of Poison Prevention United States of America. Department of Health & Human Services
United States. Department of Health & Human Services
- HHS sponsors contest for Web app to identify local health trends - The person or team developing the best application will receive $21,000 from the Assistant Secretary for Preparedness and Response (ASPR) as well as a US$1,000 travel stipend to attend an event announcing the winner. In addition, the winner will be invited to present the winning tool at a Fusion Forum, a discussion series sponsored by ASPR's Fusion Cell for state and local health officials to help identify pioneering ways to move from open source information into use as a public health response. The winning application will be made available to state, territorial, tribal and local health agencies across the nation for use in their communities.
- Secretary Sebelius statement on the Family Smoking Prevention and Tobacco Control Act ruling - We are encouraged by the Sixth Circuit Court of Appeals ruling on the Family Smoking Prevention and Tobacco Control Act.
Australian Medical Association (AMA)
- More support needed for international medical graduates - The AMA welcomes the release of the House of Representatives Standing Committee on Health and Ageing's Lost in the Labyrinth report into registration processes and support for international medical graduates, also known as overseas trained doctors.
- AMA President, Dr Steve Hambleton said today that the AMA values the immense contribution that IMGs make to the Australian health system.
- Expression of Interest: Two new TGA Expert Advisory Committees - The TGA is seeking expressions of interest from experts for various positions on two new statutory advisory committees. These committees provide advice and make recommendations to the Minister for Health and to the TGA, in relation to their respective areas of expertise. Members will be appointed to these committees in an individual capacity by the Minister and not as a representative of an organisation. Also, members will be bound by committee-in-confidence obligations as well as obligations to declare all potential conflicts of interest.
American Medical Association
- 22 March 2012 - American Medical Association Testifies at FDA Hearing on Proposal to Expand Types of Drugs Available Over-the-Counter - Press Release - American Medical Association concerned about patient safety, sees limited ability of new proposal to improve patient outcomes or medication adherence.
- 20 March 2012 - American Medical Association Welcomes Supreme Court Decision to Invalidate Prometheus Patents - Statement - The US Supreme Court prevented irreparable harm to patient care with its unanimous decision.
Medicines Australia
- 20 March 2012 - New intellectual property legislation will encourage medical research - New legislation overhauling Australia's patent system will encourage medical research and bring Australia into line with intellectual property systems in other OECD countries, Medicines Australia Chief Executive, Dr Brendan Shaw said today.
- 6 March 2012 - Global medicines industry updates Code of Practice - The International Federation of Pharmaceutical Manufacturers and Associations has announced the revision and expansion of its Code of Practice, which governs how companies interact with healthcare professionals and patient organisations.
World Health Organisation (WHO)
- 22 March 2012 - Chan to world: stand with Australia - WHO/Jim Holmes - WHO's Director-General applauds Australia's determination in fighting tobacco industry intimidation. Dr Margaret Chan today urged the world to "stand shoulder to shoulder" against the tobacco industry's attempts to overturn Australia's new path breaking tobacco control law.
- Monitoring progress on the recruitment of health personnel - WHO has created a national self-assessment tool for member states to monitor the progress of the Global Code of Practice on the International Recruitment of Health Personnel. The Code establishes voluntary principles and practices for the ethical international recruitment of health personnel and the strengthening of health systems.
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