Insights Categories: Health

Choosing the right business structure

Whether you are entering into an existing professional health practice or other business, intending to set up a new structure or restructuring an existing practice or other business there are a range of legal structures that may apply in your circumstances. Different legal risks and liabilities associated with each business structure may apply: Sole Trader […]

Succession planning for your partnership

At Meridian Lawyers we are frequently asked to advise on succession planning for pharmacists, especially those in partnership (whether in the traditional sense or shareholders via a corporate pharmacy structure). Many partnerships continue over lengthy periods with little emphasis on exit arrangements in their formal partnership or shareholders agreement. In our experience, carefully considered exit […]

What do I need to know about the new Health Complaints Act 2016 (Vic)?

In April, the Victorian Parliament passed the Health Complaints Act 2016 (the ‘Act’). The new Act repeals the Health Services (Conciliation and Review) Act 1987 and establishes a new legal framework for complaints about the provision of health services in Victoria. The Act also establishes the Office of the Health Complaints Commission (OHCC), replacing the […]

Advertising: A timely reminder

Advertising compliance has been on the Australian Health Practitioner Regulation Agency’s radar recently, with Meridian Lawyers assisting a number of health practitioners, including dental practitioners, in relation to notices of concern. Advertising restrictions – the legislation Section 133 of the Health Practitioner Regulation National Law, as in force in each state and territory (the National […]

Pharmacy location rules: Who are ‘persons aggrieved’ by new approvals?

Meridian Lawyers acts for pharmacists in applications for new approvals to supply pharmaceutical benefits (PBS) under section 90 of the National Health Act 1953 (Cth) (Act). We also advise and represent pharmacists in opposing applications for new approvals, whether by way of judicial review by the Court, or merits reviews by the Administrative Appeals Tribunal. […]

Online pharmacy retailer pays $32,400 for misleading product pricing

Late last year, the Australian Competition and Consumer Commission (ACCC) issued three infringement notices to an online pharmacy retailer totalling $32,400 for representing to consumers that there were savings on recommended retail prices. Facts The retailer represented that, by purchasing a range of white label products online through the retailer’s website, consumers would save a […]

The changing state of play: The natural evolution of the professional regulation of pharmacy

The revised suite of Guidelines issued by the Pharmacy Board of Australia (National Board) came into force on 7 December 2015. It is important that employee and locum pharmacists are aware of the revised Guidelines for Proprietor Pharmacists. The reason for this is twofold: first, it is important to have a working knowledge of how the […]

Storage and prescribing of medication in the dental surgery

A dental scenario: A dental assistant, at the dentist’s direction, supplied an anxious patient with Serepax (oxazepam) prior to surgical extraction of a tooth. An entry was made in the electronic records that Serapax had been given including details of date and time the medication was provided. However, the dental assistant who entered the notes […]

Fast-tracked orthodontic treatments give rise to informed consent and scope of practice issues

Dental scenario: A patient raised concerns about his smile during a routine consultation with his general dentist. He wanted to improve the alignment of his front teeth and to have his upper central incisors moved inwards. He had seen advertising regarding some proprietary fast-tracked orthodontic treatments and enquired about options. The practitioner discussed the option […]

Schedule 8 medications: A disturbing trend in storage and record keeping

The Victoria Pharmacy Authority (VPA) has revealed that …a disturbing number of pharmacists continue to ignore requirements for secure storage and maintenance of accurate records for Schedule 8 poisons. At its August meeting the Authority reaffirmed its prior decision to convene Panel Hearings following cases of alleged serious breaches of Schedule 8 poisons legislation (VPA […]

A reminder of what is notifiable conduct, and the consequences of failing to notify

On 4 February 2015 the ACT Civil & Administrative Tribunal found a medical practitioner had breached section 141 of the Health Practitioner Regulation National Law (ACT) by failing to notify the Medical Board of Australia of Notifiable Conduct of another practitioner. The following facts were agreed: Dr A, a medical practitioner, owned a clinic and […]

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