Options for regulation of unregistered health practitioners Decision Regulation Impact Statement
|
1 |
IAIM | |
|
Dental prosthetists should be registered |
1 |
APDA |
|
It is of serious concern that anyone can legally practise counselling or psychotherapy with no qualifications whatsoever. |
1 |
AFMA |
|
Consideration needs to be given to how the code would apply to unregistered personnel working under direct supervision |
1 |
APHA, CHA, PHAQ, RHC |
|
The options provided are too broad to apply to various categories of unregistered professions. |
1 |
PSA |
|
Consideration should be given to positive action and support for minor breaches |
1 |
HCQ |
|
Personal care workers and community care workers should not come under any regulatory scheme |
1 |
UVAC |
Key
URN Usui Reiki Network
AACHP Australian Association of Clinical Hypnotherapy
SPBQ Speech Pathologists Board of Queensland
APMA Australian Pain Management Association
ADA Australian Dental Association
LCANZ Lactation Consultants Australia New Zealand
NATCOM National College of Neuro Linguistic Communication
MSC Medical Services Committee
AAH Academy of Applied Hypnosis
ATMS Australian Traditional Medicine Society
IBPA International Bioresonance Practitioners Association
APCCH Australian and Pacific College of Clinical Hypnotherapy
HCCC NSW Health Care Complaints Commission
SNTR Society of Natural Therapists & Researchers
VAHLC Victorian Allied Health Leaders Council
RAA Reiki Association of Australia
ESSA Exercise and Sports Science Australia
ANZATA Australian and New Zealand Arts Therapy Association
SARRAH Services for Australian Rural and Remote Allied Health
MRPBV Medical Radiation Practitioners Board of Victoria
NIB nib Health Funds
RAoA Reflexology Association of Australia
AMT Association of Massage Therapists
ANTA Australian Natural Therapies Association
ANPA Australian Naturopathic Practitioners Association
ARC Australian Reiki Connection
AAPHAN Australian Association of Professional Hypnotherapists & NLP Practitioners
TOHCC Tasmanian Ombudsman and Health Complaints Commissioner
ANMFSA Australian Nursing and Midwifery Federation (SA branch)
ACAA Aged care association of Australia
ASUM Australian society for ultrasound in medicine
PA Paramedics Australasia
ANZCP Australia and New Zealand College of Perfusionists
AA Audiology Australia
NFR Naturopaths for Regulation
SPA Speech Pathology Australia
ARONAH Australian Register of Naturopaths and Herbalists
DSCWA Disability Services Commission of WA
RCNA Royal College of Nursing
CAV Consumer Affairs Victoria
ASA Australian Sonographers Association
AREMT Australian Registry of Emergency Medical Technicians
AHA Australian Homeopathic Association
CAA Council of Ambulance Authorities
AROH Australian Register of Homeopaths
AOPA Australian Orthotic and Prosthetic Association
AMA Australian Medical Association
ASTA Australian Sleep Technologists Association
CPWA Consumer Protection West Australia
AANSW Audiology Australia NSW
AAAPP Australian Association of Audiologists in Private Practice
HSUE Health Services Union East
AIMBI Australian Institute of Medical and Biological Illustration
AACMA Australian Acupuncture and Chinese Medicine Association
AOB Australian Orthoptic Board
STAA Shiatsu Therapy Association of Australia
PGA Pharmacy Guild of Australia
AASW Australian Association of Social Workers
BUPA Bupa Australia Group
PACFA Psychotherapy and Counselling Federation of Australia
ACCC Australian Competition and Consumer Commission
PACAWA Psychotherapists and Counsellors Association of Western Australia
ARCAP Australian Register of Counsellors and Psychotherapists
QPCS Queensland Professionals in Cardiac Science
LBHBB Logan-Beaudesert Health Community Council
ANZSRS Australian and New Zealand Society of Respiratory Science
AIMS Australian Institute of Medical Scientists
AHyA Australian Hypnotherapists' Association
OHPA Oral Health Professionals Association
ACQ Aged Care Queensland
AHPRA Australian Health Practitioner Regulation Agency
ANF Australian Nursing Federation
IAIM International Association of Infant Massage
MBK Medibank
PIAC Public Interest Advocacy Centre
ADOA Australian Dispensing Opticians Association
DAA Dietitians Association of Australia
ADPA Australian Dental Prothestists Association
AMTA Australian Music Therapy Association
AFMA Australian False Memory Association
ASLIAWA Australian Sign Language Interpreters Association – WA branch
ASLIA Australian Sign Language Interpreters Association
RA Reiki Australia
ASAPO Australasian Society of Anaesthesia Paramedical Officers
NHAA National Herbalists Association of Australia
ACA Australian Counselling Association
CPSA Cosmetic Physicians Society of Australasia
DTBQ Dental Technicians Board of Queensland
CHCA Complementary Health Care Council of Australia
AAMT Australian Association of Massage Therapists
APHA Australian Private Hospitals Association
PHAQ Private Hospitals Association of Queensland
CHA Catholic Health Australia
RHC Ramsay Health Care
HCSCC Health and Community Services Complaints Commission (NT)
HQCC Health Quality and Complaints Commission (Qld)
PSA Pharmaceutical Association of Australia
CHF Consumers Health Forum
CCWA Cancer Council WA
CMA Complementary Medicine Association
AURA Aura Inc (Reiki)
WAITI West Australian Institute of Translators and Interpreters
SASH South Australian Society of Hypnosis
UV United Voice Ambulance Section Queensland
QCA Queensland Consumers Association
HCQ Health Consumers Queensland
HSC Health Services Commissioner (Victoria)
CHPO Chief Health Professions Office WA
NTDH Northern Territory Department of Health
UVAC United Voice Aged Care
HCIA Hearing Care Industry Association
1The Australian Health Workforce Ministerial Council is established under the Health Practitioner Regulation National Law Act 2009 and comprises Health Ministers of the governments of the Commonwealth and all States and Territories.
2 The term ‘health payer’ is used here to describe government and non-government organisations that pay for or subsidise the provision of health services to consumers, and includes the Health Insurance Commission, Medicare Australia, the Department of Veterans Affairs and private health insurance funds.
3The podiatry profession was added as the tenth profession to be regulated under the National Registration and Accreditation Scheme after the IGA was signed by COAG. Health Ministers subsequently agreed to include four additional professions commencing 1 July 2012, bringing the total number of health professions regulated under the National Scheme to 14.
4Section 5 of the Health Practitioner Regulation National Law Act 2009 defines ‘impairment’ as ‘a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect the person’s capacity to practise the profession’.
5Freckelton, I, “Good Character” and the regulation of medical practitioners, Journal of Law and Medicine, 2008 16, 1.
6‘Holding out’ offences are offences where a person who is not registered in a profession takes or uses a restricted professional title, or otherwise ‘holds themselves out’ as qualified or registered to practise the profession.
7A ‘restricted dental act’ is defined in section 121 of the Health Practitioner Regulation National Law Act 2009 (Qld)
8An ‘optical appliance’ is defined in section 122 of the Health Practitioner Regulation National Law Act 2009 (Qld)
9‘Manipulation of the cervical spine’ is defined in section 123 of the Health Practitioner Regulation National Law Act 2009 (Qld)
10The ACT Health Services Commissioner has powers to appear at a disciplinary hearing and give evidence although the action is brought by the relevant National Board.
11The judicial meaning of unconscionable conduct has not been settled but the courts in considering the issue have described unconscionable conduct as something being clearly unfair and unreasonable, conduct which shows no regard for conscience and conduct which is irreconcilable with what is right or reasonable.
12The Radiation Health Committee is a statutory committee established under section 22 of the Australian Radiation Protection and Nuclear Safety Act 1998. Its membership includes a representative from each State and Territory who is a radiation control officer – a person who holds a senior position in a regulatory body of a State or Territory and is responsible for matters relating to radiation protection and nuclear safety.
13This definition of credentialing has been adapted from the definition of the Australian Commission on Safety and Quality in Health Care’s Standard for Credentialing and Defining the Scope of Practice – A National Standard for credentialing and defining the scope of clinical practice of medical practitioners for use in public and private hospitals, July 2004.
14Much of the information in this section has been drawn from the website of the Health Care Complaints Commission of New South Wales, at www.hccc.nsw.gov.au
15 A second Impact assessment statement was released by the NSW Government in 2011 to remake the Code of Conduct under the Public Health Act 2010 (NSW) that is expected to commence in 2012.
16Section 23 of the NSW Health Care Complaints Act 1993 states:
(1) The Commission must investigate a complaint:
(b) if, following assessment of the complaint, it appears to the Commission that the complaint:
(i) raises a significant issue of public health or safety, or
(ii) raises a significant question as to the appropriate care or treatment of a client by a health service provider, or
(iii) if substantiated, would provide grounds for disciplinary action against a health practitioner, or
(iv) if substantiated, would involve gross negligence on the part of a health practitioner, or
(v) if substantiated, would result in the health practitioner being found guilty of an offence under Division 3 of Part 2A of the Public Health Act 1991.
17Based on website information on membership fees for six professional associations (AASW, DAA, SPA, NHAA, ATMS and ANTA) the average membership fee is $386 per annum (2011-12).
18Beyond the external ear canal, beyond the point in the nasal passages where they normally narrow, beyond the larynx, beyond the opening of the urethra, beyond the labia majora, beyond the anal verge, or into an artificial opening in the body.
19Moving the joints of the cervical spine beyond the individual’s usual physiological range of motion using a high velocity, low amplitude thrust
20Electricity for aversive conditioning, cardiac pacemaker therapy, cardioverson, defibrillation, electrocoagulation, electroconvulsive shock therapy, electromyography, fulguration, nerve conduction studies or transcutaneous cardiac pacing, low frequency electro magnetic waves/fields for magnetic resonance imaging and high frequency soundwaves for diagnostic ultrasound or lithotripsy.
21Includes practitioners who practice solo or treat with no others present, such as medical specialists and practitioners who may be solely responsible for clinical care overnight or in a remote community
22Registration to commence 1 July 2012
23Includes acupuncturist, Chjnese herbal medicine practitioner, Chinese herbal dispenser). Registration to commence 1 July 2012.
24Includes dentists, dental prosthetists, dental therapists
25Includes diagnostic radiographers, radiation therapists, nuclear medicine scientists/technologists
26These cases mainly involve practitioners in registered professions who were not registered at the time of the incident complained about.
Australian Health Ministers’ Advisory Council
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