law and ethics in healthcare

| August 19, 2015

Read Identification of doctors at risk of recurrent complaints: a national study of healthcare complaints in Australia BMJ Qual Saf, by Marie M Bismark, Matthew J Spittal, Lyle C Gurrin, Michael Ward, and David M Studdert
Additional Resources
• The National Health and Hospitals Reform Commission (NHHRC);
• (COAG) National Health Reform Agreement
• Health Practitioner Regulation National Law (ACT) Act 2009;
• Health Practitioner Regulation National Law Act (NSW) and can also be located on the New South Wales government legislation website;
• Australian Health Ministers Advisory Council (AHMAC);
• Australia’s Health Workforce Advisory Council (AHWAC);
• Australian Health Practitioner Regulation Agency (AHPRA) homepage, Legislations
• Health complaints entities
o ACT – ACT Human Rights Commission
o New South Wales – Health Care Complaints Commission
o Northern Territory – Health And Community Services Complaints Commission (HCSCC)
o Queensland – Health Quality And Complaints Commission (HQCC)
o South Australia – Health And Community Services Complaints Commissioner (HCSCC)
o Tasmania – Health Complaints Commissioner
o Victoria – Office Of The Health Services Commissioner
o Western Australia – Health and Disability Services Complaints Office (HaDSCO)

o Chapter 2 of Windows into Safety and Quality in Health Care 2008 and the ACSQHC Charter of Health care rights.
Chapter 9
The reading for Module 3 is chapter 9 of your text. This chapter is quite straight forward and shouldn’t take you too long to read and understand.
After reading this chapter you should be able to:
1. Define who are “health professionals”;
2. Define “professionalism’; and
3. Understand the legal aspects of professionalism.
Dr Piper’s lecture will expand upon point 3, and include a discussion on:
1. Aspects leading to the National Registration Scheme;
2. Functions of the Australian Health Practitioner Regulation Agency (AHPRA) ;
3. Functions of the National Boards;
4. Functions of Complaints entities; and
5. Professional conduct.
Assignment question
Weighting: 40%
Words: 3000
Covers: Modules 1.1-1.3
Read HCCC v McKay [2013] NSWMT 20. Answer the following questions:
1. What allegations did the Medical Tribunal (NSW) consider in this case? Please set out the relevant legislative definitions and sections in YOUR answer. (10 marks)
2. What did the Tribunal say about the requirement that health professionals must observe proper personal and sexual boundaries between themselves and their clients? Why is this requirement a necessary condition of the professional –client relationship? (10 marks)
3. What ORDERS did the Tribunal make? What other possible orders could they have made as set out in the National Law? (10 marks)
4. As a health service manager what processes and procedures would you put in place to ensure that this type of behaviour does not occur in your health service? (10 marks)

Medical Tribunal
New South Wales
Medium Neutral Citation:
HCCC v McKay [2013] NSWMT 20
Hearing DATES : 18 and 19 November 2013
Decision DATE : 17 December 2013
Before: Levy SC DCJ : Dr P Anderson : Dr E Kok : Ms A Collier

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