Reference no: EM132994001 , Length: word count:1500
PHE3LMH Law and Management in Health - La Trobe University
TASK 1 - Law making in Australia
We are very fortunate to live in a country with a mature system for making and implementing law. Australia is a federation, and there are laws that concern health at both State and Federal levels. It is important that you understand both these systems and how they are connected.
Task 1 invites you to explore and develop an understanding of how law is made in Australia.
Task 1
Choose two Bills* (one from the State level and one from the Federal level) currently under consideration by governments in Australia and explain their value for population Health and Wellbeing.
Describe how these Bills can become laws and which specific Ministers or Parliamentarians you think would need to be involved in this process (for each Bill separately).
Explain why and how citizens might be involved in shaping the objectives or aspects of the proposed laws.
* Note: Make sure you choose Bills and not Acts and are clear about the difference.
Include in your response
- The two chosen Bills. Briefly describe what the Bills are concerned with.
- Give a short outline of your personal view of the value of the two chosen Bills (i.e. one state level and one federal level) for population Health and Wellbeing.
- Your own visual representation (so not a copy from a website or book) of the law-making process at state and at federal level. Include the different institutions that are involved in both levels (i.e. state or federal).
- Which specific Ministers or Parliamentarians would be able to support the passage of your chosen Bills through Parliament, and why?
- Briefly describe 3 ways in which citizens could be involved in shaping the objectives or aspects of each Bill. Include arguments for involving citizens in the public discussions of these Bills.
TASK 2 -Health services and Law
There are numerous laws that affect the operations of health services. If you are part of the governance and management structure of a health organisation, you will have responsibilities for ensuring your organisation abides by the law.
Task 2 engages you in learning about the appropriate use of social media (e.g. Facebook, Twitter) by health professionals in health organisations.
Background preparation
1. Read this article on social media and health professionals:
• Lee Ventola, C. (2014). Social Media and Health Care Professionals: Benefits, Risks, and Best Practices, Pharmacy and Therapeutics, Jul; 39(7): 491-499, 520.
2. Become familiar with the Fair Work Act 2009 (Cth)
Task 2
Use The Royal Children's Hospital Social Media Policy as a guide to determine the preferred course of action against the nurses in each of the four following scenarios:
- Taking photos of anaesthetised patients with stickers on their face (Los Angeles Times) Chad Terhune, "Surgery photo leads to privacy lawsuit against Torrance Memorial", Los Angeles Times (Online), 4 September 2013.
- Nurse making "V sign" (Daily Mail) Tamara Cohen, "Pictured on Facebook, the dedicated nursing team at C. diff scandal hospital", The Daily Mail (Online), 8 June 2009.
- Nurse food fight (Daily Mail) Andy Dolan, "Captured on Facebook, the food-fighting nurses at hospital where 1,200 died", The Daily Mail (Online), 22 April 2010
- Nurse advocating euthanasia in ‘novel' circumstances (Daily Mail) "Nurse investigated after suggesting euthanasia for 'gingers, the elderly and those with bad toenails' on Facebook", The Daily Mail (Online), 12 May 2011
Include in your response
- Describe social media and the ways it can be used by health professionals in healthcare
- What specific Australian laws and/or regulations are expected to be upheld by the health professionals mentioned in the four scenarios to ensure the provision of safe, high quality services?
- For each scenario:
- What Australian standards, behaviours and/or law does/do the health professional/s breach in relation to social media use?
- What course of action against the health professional/s do you propose? (use the Royal Children's
- Hospital Social Media Policy as guide)
- What can the health professional/s do to challenge this imposed course of action?
TASK 3 - Health Practitioners and Informed Consent
If you have been affected by unprofessional practices of health professionals, what rights do you have?
Task 3 helps you develop an understanding of how law relates to health professionals' practice. It highlights the intersection of ethics and law by focusing on the important requirement in health care of informed consent.
Task 3
Scenario
You have received treatment in Melbourne from a (choose one):
• Nurse
• Chiropractor
• Physiotherapist
• Surgeon
• Dentist
• Paramedic
• Chinese medicine practitioner (for acupuncture)
• Psychologist
• Podiatrist
You believe that you didn't give informed consent for a particular procedure to take place and are not satisfied with the outcome of the procedure. As you wouldn't like this experience to happen to anyone else, you do some research about making complaints in Victoria. You reach out to a trusted colleague to elp you take action:
Write a 500-word letter to a colleague that outlines the problem, explains what you have found out about making a complaint about this particular type of health professional, and that asks them for their advice on what to do. Include your sources of information.
Include in your response
In your letter, make sure you cover each of the following points:
• The nature of the problem (why you are concerned about the health professional's behaviour) and the type of health professional involved
• Which specific law determines this health professional's legal basis for practice. Make reference to:
o name and jurisdiction of the Act
o when the Act was introduced
o the main objective of the Act
o how the Act governs the way this health professional needs to practice
• What informed consent is, in the eyes of the law, and what a member of the public needs to know to be able to give informed consent for procedures provided by health professionals
• The complaint process. Include:
o the steps you would expect to go through if you make a complaint to the health professional themselves
o the steps you would expect to go through if you report a complaint to authorities
o the anticipated outcome of the complaint process
• Any uncertainties or anxieties you might have about making a complaint about this matter.
TASK 4 - Child protection and mandatory reporting
The law is a vitally important instrument for protecting the health, wellbeing and welfare of our most vulnerable residents.
Task 4 engages you in learning about and developing an understanding of laws and regulations affecting a significant issue for health and wellbeing in our society - child protection and mandatory reporting of child abuse and neglect.
Task 4Prepare a 500-word discussion in response to the following statement:
"In Victoria, understanding the laws and how they work in practice in relation to mandatory reporting of child abuse and neglect is an issue that only teachers and police need to be concerned about."
Include in your response
• Any law/s relevant to mandatory child abuse reporting in Victoria
• Explain briefly how the Victorian law/s were developed, why and when
• Explain to whose professional practice and/or civil duties the laws relate. Link (part of ) your answer back to the above statement
• State the actual procedure for reporting child abuse and neglect and include the institutions that are involved
• Comment on the connection between any relevant ethical principles/theories and law in relation to the reporting of child abuse and neglect
• Comment on the issue of confidentiality and legal liability as it relates to mandatory reporting of child abuse and neglect.
Attachment:- Law and Management in Health.rar