Pharmacists are expected to take reasonable steps to satisfy themselves that a prescription has been issued by an authorised prescriber. Prescriptions for Schedule 4 and Schedule 8 medicines subject to abuse, such as such benzodiazepines and opioids, are most likely to be forged. However pharmacists should also consider other medications such as anabolic steroids which […]
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Made a mistake? Tell the client asap or risk a finding of deceit
The decision of O’Callaghan J in the Federal Court at Victoria in Neville’s Bus Service Pty Limited v Pitcher Partners Consulting Pty Limited & Ors [2018] FCA 2098 sends a salutary warning to professionals to act honestly and appropriately as soon as they discover that they, or colleagues whom they supervise, may have made a […]
Shared Debt Recovery Scheme to hold both medical practitioners and employing and contracting organisations responsible for incorrect Medicare billing
The Shared Debt Recovery Scheme will take effect on 1 July 2019. The recent enactment of the Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2008, will mean that from 1 July 2019 the Commonwealth Government will be able to pursue both individual medical practitioners and employing and contracting medical organisations for repayment […]
My Health Record: Important Information for Healthcare Providers
Introduction My Health Record is an online summary of an individual’s key health information. A My Health Record will be created for every Australian who wants one after 31 January 2019. An individual may cancel their My Health Record at any time. The My Health Record system is intended to allow for the online sharing […]
Statutory privilege does not prevent disclosure of records in VCAT proceedings
The Victorian of Court Appeal has settled the uncertainty regarding the protections provided by statutory privilege over medical records in the Victorian Civil and Administrative Tribunal (VCAT). The Victorian Court of Appeal has reversed a previous decision and confirmed that patients’ medical records are not protected by statutory privilege in a disciplinary hearing of the […]
A Game Changer for Mutuals – New Law Expands Capacity to Raise Capital
Mutual Entities Bill 2018: Tranche 2 On 26 November 2018, the Commonwealth Government released for public consultation an exposure draft of the Treasury Laws Amendment (Mutual Entities) Bill 2018: Tranche 2 (the Bill) which introduces a new bespoke capital instrument in the Corporations Act 2001 for all eligible mutual entities. Under the Bill, a mutual […]
What are pharmacists’ obligations when supplying pseudoephedrine?
Pseudoephedrine (‘PSE’) is indicated for the relief of congestion associated with conditions such as rhinitis, sinusitis and the common cold.[1] However, in recent decades, it has been targeted for non-therapeutic purposes, such as for the manufacture of illicit drugs. Meridian Lawyers has recently assisted pharmacists to respond to notifications that were referred to the Australian […]
No professional misconduct finding for General Practitioner’s ‘grave error of judgment’
An experienced and well-respected NSW General Practitioner with an otherwise unblemished record has faced disciplinary proceedings brought by the Health Care Complaints Commission (HCCC) before the Civil and Administrative Tribunal of New South Wales (the Tribunal).[1] While the Tribunal found that Dr Quan’s conduct was improper and unethical, the Tribunal did not uphold a finding […]
Professional Opinions – how much weight do they carry?
Hopes of helpful review of the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) were dashed, as special leave to appeal was denied by the High Court of Australia (HCA) from a NSW Court of Appeal (NSWCA) medical malpractice case.[1] […]
Financial Services Royal Commission – The Interim Report – Emerging Regulatory Themes
The Interim Report of the Financial Services Royal Commission was tabled in Parliament on 28 September 2018. There has been much speculation about the potential nature of the findings and recommendations arising from the public hearings. The evidence of misconduct in the banking, superannuation and financial services industry, in some sectors and in specific instances, […]
Professional Misconduct – fact or fiction?
A Perth Cardiologist has recently been found to have engaged in professional misconduct by the Western Australian Administrative Tribunal. [1] The Medical Board of Australia (the Board) made out five of six allegations against Dr Woollard. Key Takeaways The case provides a reminder of the meaning of unsatisfactory professional conduct and professional misconduct under the […]