Meridian Lawyers has published several Health Insights in the past about the importance of understanding and adhering to the advertising obligations set out under section 133 of the National Law. However, claims concerning advertising continue to be a recurring theme in our Health Law practice, indicating some persisting confusion about the boundaries of what is […]
Insights Sectors: Allied Health
Oct 28, 2020
INSIGHT: Federal Court of Australia confirms Professional Services Review (PSR) has the power to order part repayments
Professional Services Review (PSR) is a Commonwealth Agency whose objective is to protect the integrity of the Commonwealth Medicare benefits, dental benefits and pharmaceutical benefits programs and, in doing so, protect patients and the community from the risks associated with ‘inappropriate practice’, and protect the Commonwealth from having to meet the cost of medical and […]
Sep 25, 2020
INSIGHT: VCAT upholds use of immediate action power to suspend doctor over social media use
Meridian Lawyers recently published an article examining the power to take immediate action against health practitioners under section 156 of the National Law (if you missed it, that article can be read here). It considered a recent VCAT decision[1], wherein a doctor was suspended under section 156(1)(e), being the power to take immediate action in […]
Aug 28, 2020
INSIGHT: Accidentally sending an email to the wrong email address can cost you
Key lessons from ‘SD’ and ‘SE’ and Northside Clinic (Vic) Pty Ltd [2020] AlCmr 21 We recently published an article about the importance of protecting your patients’ private information, and what to do if there is an inadvertent disclosure of sensitive patient data. If you missed it, that article can be read here. In June […]
Jul 20, 2020
INSIGHT: What do I do if there is an accidental breach of my patient’s privacy? Advice for health practitioners and organisations
It is trite advice to Australian health practitioners to say that they must exercise caution when dealing with their patients’ sensitive health information. However, even the most cautious practitioner or organisation can fall victim to an inadvertent breach of patient privacy. Accidents happen, and Meridian Lawyers frequently receives requests for assistance from practitioners or organisations […]
Jun 18, 2020
INSIGHT: Taking action against health practitioners in the “public interest” – two years on, how is the new immediate action power being applied in practice?
One of the most stressful circumstances a registered health practitioner can encounter, is when they receive a notice from their National Board stating that it intends to take immediate action against them under section 156 of the Health Practitioner Regulation National Law (National Law). The proposed immediate action can be very serious, ranging from a […]
May 28, 2020
INSIGHT: Coroner’s findings emphasise the potential risks of relying on telehealth without in-patient review
Recently we published an article outlining some of the risks and limitations for medical practitioners using telehealth to provide care for patients during the COVID-19 pandemic. In particular, we discussed the need for practitioners to consider and assess whether a consultation is safe and clinically appropriate to be conducted via telehealth, or whether an in-person […]
Apr 30, 2020
INSIGHT: Using the new MBS telehealth item numbers to care for patients from home? Here are some of the risks and limitations for medical practitioners
As part of the national health response to the COVID-19 pandemic, the Australian Government has rolled out new temporary Medicare Benefit Scheme (MBS) ‘telehealth’ items. The purpose of these item numbers is to enable patients to receive essential health care during the pandemic whilst reducing the community transmission of COVID-19. At this stage, the item […]
Apr 16, 2020
INSIGHT: A reminder on section 130 of the National Law: notify the National Boards of ‘certain events’, or face a possible finding of unprofessional conduct
Most registered health practitioners are aware of the obligation to notify the National Board of certain events should they occur. These requirements are set out in section 130 of the Health Practitioner Regulation National Law Act 2009 (the “National Law”). However, we have recently seen an ‘uptick’ in the number of disciplinary decisions which have […]
Mar 5, 2020
INSIGHT: Health practitioner seeks help from the Federal Court to uncover identity of negative Google reviewer
Meridian Lawyers regularly assists health practitioners to respond to queries or complaints by AHPRA about their online advertising. In the process of providing this assistance, we are often asked by practitioners whether anything can be done about unfair testimonials that may be made about them on independent online platforms like Google. In an age where […]
Feb 21, 2020
INSIGHT: AHPRA releases revised Guidelines for Mandatory Notifications about registered health practitioners
On 21 February 2020, the Australian Health Practitioner Regulation Agency (AHPRA) released revised guidelines in anticipation of changes to mandatory notification requirements coming into effect in March 2020. The revised guidelines explain the requirements to make mandatory notifications under the updated legislative requirements for treating registered health practitioners, non-treating registered health practitioners, employers of registered […]