Insights Categories: Health

The mechanisms for complaints and statutory protections available for health care consumers, vary across Australia. In order to better protect the public and to set standards of conduct and practice for all unregistered health service providers, the Council of Australian Government (COAG) Health Council Final Report (COAG Final Report) recommended that every state implement the […]

It may seem an easier way in this technologically savvy world we inhabit, to simply record information or other data about patients, either by audio or visual means. This is attractive as records are correct and comprehensive and may be utilised in the defence of any complaint. However, there are legalities surrounding such records and […]

Facts Mikhail Soutorine is a medical practitioner (the practitioner).  In November 2019, the Australian Health Practitioner Regulation Agency (AHPRA) on behalf of the Medical Board of Australia (the Board) wrote to the practitioner and advised him that the Board had decided to take immediate action under section 156 of the Health Practitioner Regulation National Law […]

Chester v WA Country Health Service [2019] WADC 152 The facts Mr Chester (Plaintiff) was a 26 year old male who worked as plasterer by trade. On 31 July 2009 he suffered an injury to his left shoulder and presented to the Busselton Regional Hospital (Hospital) complaining of pain, general bruising and some grazing of […]

Today’s health practitioner graduates do not know a world without social media – it’s part of their DNA and it is here to stay. Social media platforms span our personal and professional lives and can play an important role in public health education and the marketing of health services. While regulated health service providers and […]

Most pharmacists will have been asked to dispense prescription-only medicines to patients who do not have a valid prescription. Although Pharmacy Dispensing Software (PDS) allows for the processing and supply of medicines without a valid prescription, thereby creating an ‘owing’, there is no legislation that provides for this. Pharmacists assisting their patients should familiarise themselves […]

In recent times, there has been a strong focus by revenue authorities on tax compliance by health service providers including operators of medical, dental, optometry and other allied health clinics. Payroll tax compliance in particular has been in the spotlight. In the recent decision of Commissioner of State Revenue V The Optical Superstore Pty Ltd […]

Amendments to the National Health (Pharmaceutical Benefits) Regulations 2017, published on 30 October 2019 provide for electronic prescriptions to be recognised as valid prescriptions. Electronic prescribing provides an option for prescribers and their patients to have an electronic prescription as an alternative to a paper-based prescription. The legislation includes additional form requirements for electronic PBS […]

Abstract A Sydney-based general practitioner has successfully appealed a finding of negligence based on an alleged failure to refer a patient for specialist treatment in the context of particular pathology results (which predated his involvement in the patient’s care) on a background of a chronic and prolonged health condition.   District Court proceedings [1] Mr […]

The Coroner has recommended that the Chief Psychiatrist in Victoria formulate a directive in relation to standard protocols for conducting visual observations of patients at in-patient facilities. The recommendation comes as the result of findings at the inquest into the death of a woman who passed away whilst she was an in-patient at a private […]

In 2019 we have seen an increased focus by AHPRA and the National Boards on ensuring the observance of professional boundaries between registered health service providers and their patients.  In our experience, investigations into professional boundary transgressions are most commonly triggered when a romantic relationship between the practitioner and the patient turns sour. However, these […]