Options for regulation of unregistered health practitioners Decision Regulation Impact Statement



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1

URN

First aid training

1

URN

No additional costs on top of current membership fees

2




CPD

5

AIMBI, AIMS, RA

Attaining unnecessary qualifications to satisfy statutory requirements

1




Professional Indemnity Insurance/other insurance

4

VAHLC, ACAA, AMTA

Insurance and membership fees would rise

1

RAoA

Accreditation costs

1

AIMS

Experience with NSW code is that cost increases have been very minor

1

NHAA

Do you think there should be a nationally uniform code of conduct?

Yes

103

AACHP, APMA, NATCOM, MSC, ATMS, NCC, APCCH, SNTR, VAHLC, RAA, ANZATA, MRPBV, NIB, RAoA, AMT, ARC, AAPHAN, TOHCC, ACAA, PA, ANZCP, AA, NRF, SPA, ARONAH, DSCWA, APA, AREMT, AHA, ASTA, CPWA, AANAW, HSUE, AIMBI, AACMA, STAA, AOB, AASW, BUPA, QPCS, ANZSRS, AIMS, AHyA, OHPA, ACQ, AHPRA, MBK, AODA, DAA, IBPA, ADPA, AMTA, AFMA, RA, ASAPO, NHAA, CPSA, CHCA, AAMT, APHA, CHA, PHAQ, RHC, HCSCC, HQCC, CHF, CCWA, CMA, SASH, HCQ, HSC, NTDH, HCIA

Separate codes would be acceptable but not desirable

1




More practical to use existing processes in States and Territories

1




Professional bodies should develop and administer their own codes of conduct [initially]

2

AHyA

Should there be nationally uniform or nationally consistent arrangements for investigating breaches of the code?

Yes

58

URN, NCC, RAA, AMT, ARC, TOHCC, ACAA, PA, ANDCP, AA, NFR, ARONAH, ASA, AREMT, ASTA, AIMBI, AOB, AASW, BUPA, QPCS, ANZSRS, AIMS, OHPA, DAA, AMTA, AFMA, RA, ASAPO, NHAA, CHCA, HQCC, PSA, CCWA, CMA, SASH, HCQ, HSC, NTDH

Unsure

1




States could enforce national code within current structures

26

NATCOM, MSC, ATMS, APCCH, SNTR, VAHLC, ANZATA, SARRAH, ANTA, AAPHAN, DSCWA, APA, AHA, AOPA, CPWA, HSUE, AACMA, STAA, APHA, CHA, PHAQ, RHC, HCSCC, HCIA

Professional associations should have the right to deal with complaints in the first instance

2

RAoA, IBPA

Should there be a centralised administrative body that administers the regulatory scheme?

Yes

41

ATMS, NCC, SNTR, RAA, ESSA, AMT, ANCP, NFR, ARONAH, APA, ASTA, CPWA, AAAPP, AIMBI, AOB, BUPA, QPCS, AIMS, OHPA, AODA, AFMA, RA, ASAPO, CHCA, CHF, HCQ

Unsure

1




Should be administered by the states and territories

18

URN, ARC, DSCWA, AACMA, AHPRA, MBK, ADPA, AMTA, NHAA, APHA, CHA, PHAQ, RHC, HCSCC, HQCC, CMA, SASH, UV, HSC, HCIA

No

4

NATCOM, MSC, HSUE

Administration should be as efficient as possible with information nationally accessible

1

VAHLC

Professional bodies should submit code breaches to central administration

2

ESSA, AA

A national body with State boards/administration

7

PA, ANZSRS, CCWA, NTDH

If a statutory code of conduct were to be enacted, to whom should it apply?

All people giving information in a health field.

2




All allied health disciplines/(and other unregistered practitioners)

2

VAHLC, HSC

Prosthetists/Orthotists

1




Social workers, psychotherapists, counsellors, community workers, youth workers, drug and alcohol workers, financial and employment counsellors, rehab counsellors, naturopaths, homeopaths, massage therapists

1




As for the NSW scheme

7

RAA, ANTA, TOHCC, RA, CCWA

Any practitioner giving treatment where outcome relates to physical, mental or emotional health

8

URN, CPWA, AIMBI, AFMA

All practitioners that deliver care or intervention

1

RAoA

All practitioners and should include manufacturers of [therapeutic] products

1




All health professionals

18

ARC, ANZCP, NFR, SPA, ARONAH, AOPA, STAA, AASW, ACQ, CMA, SASH

All who are broadly defined as health practitioners, not already covered by another scheme

10

ATMS, NCC, MRPBV, DSCWA, ASA, AHA, ASTA, AOB, AHyA, HQCC

Anyone practising as a therapist/counsellor/social worker

2




All unregistered practitioners who are not members of their professional body

4

ESSA, AA, APA, DAA

All arts therapists trained to the minimum standards

1

ANZATA

Any practitioner claiming a health benefit from treatment

2

NIB, AMT

Anyone employed as a cardiac scientist and anyone performing a similar role

3

QPCS

Doulas, lay birth attendants, lay midwives

1




All health and welfare professionals

2

AIMS

Owners or operators of businesses providing pre-hospital care services

1

AREMT

All staff of institution recognised as a health care provider

1

ANZSRS

All natural therapists

1

IBPA

All self-regulating or unregistered professions requiring mandatory education/qualifications

2

AMTA, ASAPO

As per NSW code, with IPL/Laser use added to scope

1

CPSA

Which practitioners, professions or occupations should be included?

Naturopaths, homeopaths, personal trainers

1




Dieticians, nutritionists, social workers and speech pathologists

2

HSC

Prosthetists/Orthotists

2

AOPA

Social workers, psychotherapists, counsellors, community workers, youth workers, drug and alcohol workers, financial and employment counsellors, rehab counsellors, naturopaths, homeopaths, massage therapists

1




All health practitioners in the widest interpretation

10

LCANZ, ACAA, ARONAH, AOB, AASW

Any practitioner giving treatment where outcome relates to physical, mental or emotional health

4

URN, ATMS, ANZATA, ANCP

All professions that require a qualification to practise

1




None

1




Anyone practising as a therapist/counsellor/social worker

6

AFMA

All allied health professionals and other unregistered practitioners

1

VAHLC

As per the NSW scheme

4

RAA, TOHCC, HSUE

All health professions not recognised by Medicare

1

ESSA

All who are broadly defined as health practitioners, not already covered by another scheme

7

MRPBV, AHA, AMA, AHyA, RA, NHAA, HCQ

Any practitioner who claims to be providing a health service

4

AMT, ARC, AURA

All registered and unregistered health professionals

2




All health practitioners who perform duties of cardiac scientist

3

QPCS

Those being paid for caring for women during pregnancy, labour or birth

1




Personal care workers

1




Myotherapists

1




Anyone entering a therapeutic relationship

1




Religious organizations offering counselling services/health programs

2




Non-government allied health professionals providing health services to people with disabilities

1

DSCWA

Medical scientists and technicians, paramedics and ambulance officers

1

AIMS

Qualified optical dispensers trained to Certificate IV level

1

ADOA

All natural/complementary/alternative therapists

2

IBPA, HSC

Beauticians/beauty therapists

1

HSC

Should it apply only to practitioners who deliver health services? If so, what should be the definition of a health service?

Any service potentially affecting the mental or physiological health of individual

6

AA, AFMA, CMA, SASH

Yes, using the WHO definition

2

PA

Any service that will increase a patient’s quality of life

1




Not just medical situations, should also include child safety, aged care, mental health

1




Those who work one-on-one in a treatment/consultation context

2

URN, ARC

No

1




Yes, all who are broadly defined as health practitioners/(not already covered by another scheme)

6

ATMS, NCC, VAHLC, ANZATA, HSC

Anyone advertising ‘therapy’ including under the guise of educational seminars

2

RAoA

Anyone delivering a health, community or educational service

6

ESSA

Should include advertising, selling and distribution of ‘health products’

1

ESSA

All health care workers recognised by Medicare and any private health fund

1




All practitioners who have direct contact with patients or who interpret data to make clinical decisions, directly or indirectly (i.e. through research)

2

ASTA

Health Complaints Act 1995 (Tas) definition is good, but national uniformity would be better

1

TOHCC

Yes, using the Australian Law Reform Commission Report-108 definition

1

ARONAH

Yes, as defined in the WA Health and Disability Services (complaints) Act

1

DSCWA

Health Services (Conciliation and Review) Act 1987 (Vic), Health and Community Services and Complains Act 2004 (SA), Human Rights Commission Act 2005 (ACT)

2

AIMBI, AIMS

Practitioners providing advice on management/prevention of chronic conditions

1

AOB

Health Service' needs to be defined more broadly, as per Ottowa Convention

1

AASW

The provision of services, advice and information designed or claiming to assess, maintain or improve the physical, mental or emotional health of an individual, and/or diagnose, treat, prevent or manage an illness, disability, disorder, possible disorder or condition of an individual.

1

BUPA

Any health or wellbeing service encompassing physical, psychological, emotional, cognitive and social needs.

1

AMTA

As per NSW scheme

1

ASAPO

Any service intending to improve health (and wellbeing) which may also have an unintended detrimental outcome (thus proving public risk)

1

NTDH

The WA definition is appropriate

1

HCIA

Should it apply to registered practitioners who provide health services that are unrelated to their registration?

Yes

70

URN, ATMS, NCC, VAHLC, RAA, ESSA, ANZATA, MRPBV, RAoA, AMT, ARC, TOHCC, PA, AA, ARONAH, DSCWA, APA, AREMT, AHA, CPWA, AIMBI, AACMA, STAA, AOB, AASW, BUPA, ANZSRS, AIMS, AHyA, AHPRA, DAA, IBPA, AMTA, AFMA, RA, ASAPO, NHAA, HQCC, CCWA, CMA, AURA, SASH, HCQ, HSC

No

4

AMA

Disciplinary action could also affect the offender's registration status

1

APA

A de-registered practitioner must be prevented from returning to work as an unregistered health practitioner

1

APA

Should it only apply to practitioners who directly deliver services, or should it also apply to businesses that provide health services?

Should apply to all

41

ACC, RAA, ESSA, ANZATA, ARC, PA, ANZCP, ARONAH, DSCWA, AREMT, AHA, CPWA, AIMBI, AACMA, ANZSRS, AIMS, AHPRA, DAA, IBPA, AFMA, CPSA, CMA, AURA, SASH, HCQ, HSC

Should apply only to those who directly deliver a service

33

URN, MRPBV, TOHCC, AOPA, AOB, AASW, BUPA, AHA, ADOA, AMTA, RA, ASAPO, NHAA, CCWA

Should apply to practitioners but owners of business who ignore breaches could be held accountable

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