Transcript Presentation - ANU College of Law

Paramedic registration –
and why you should care
Associate Professor Dr Michael Eburn
ANU College of Law
The Australian National University
CANBERRA
I’m a paramedic
• If I want to be…
• But you’re not a lawyer.
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You are not members of a profession…
• Key features of a profession
– Profession determines its own knowledge;
– Authority recognised by society and
sanctioned by society;
– “self-regulation that protects practitioners and
supports disciplinary criteria and actions to
censure, suspend, or remove code violators”
(Jennifer H. Matthews, ‘Role of Professional Organizations in Advocating for the Nursing
Profession’, Online J Issues Nurs. 2012;17(1))
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The current situation
• Paramedic means whatever I want it to
mean.
• Your authority to practice comes from your
employer. You can’t carry your authority
with you.
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Consider
• Ambulance Service of NSW v Worley
[2006] NSWCA 102
“each party at trial called five medical
specialists” … but no paramedics.
• Lithgow Council v Jackson [2011] HCA 36
– the issue was what did the case sheet imply –
but no-one asked a paramedic.
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Health Practitioner Registration
• The Australian Health Practitioner
Regulation Agency (AHPRA).
• National registration.
• Professional Boards to set standards and
protect the profession.
• Who is registered?
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14 registered professions
7
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Putting an instrument, hand or finger into a body cavity
Manipulation of the spine
Application of a hazardous form of energy radiation
Procedures below dermis, mucous membrane, in or below surface of
cornea or teeth
Prescribing a scheduled drug, supplying a scheduled drug (includes
compounding),
Administering a scheduled drug or substance by injection
Supplying substances for ingestion
Managing labour or delivering a baby
Undertaking psychological interventions to treat serious disorders or with
potential
Setting or casting a fracture of a bone or reducing dislocation of a joint
Primary care practitioners who see patients with or without a referral from
a registered practitioner
Treatment commonly occurs without others present
Patients commonly required to disrobe
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1.
2.
3.
4.
Putting an instrument, hand or finger into a body cavity
Manipulation of the spine
Application of a hazardous form of energy radiation
Procedures below dermis, mucous membrane, in or below surface of
cornea or teeth
5.
Prescribing a scheduled drug, supplying a scheduled drug (includes
compounding),
6.
Administering a scheduled drug or substance by injection
7.
Supplying substances for ingestion
8.
Managing labour or delivering a baby
9.
Undertaking psychological interventions to treat serious disorders or with
potential
10. Setting or casting a fracture of a bone or reducing dislocation of a joint
11. Primary care practitioners who see patients with or without a referral from
a registered practitioner
12. Treatment commonly occurs without others present
13. Patients commonly required to disrobe
That’s more than 10 of the 14 already registered professions!
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What’s in it for you?
• Only paramedics can call themselves
paramedics.
• Independent complaints system with
judgment by your peers.
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Separate professional standing from
employment
• Authority to practice can be tied to
registration. Allows for job mobility.
• Develop a right of private practice.
• Better advocacy for the profession and
your patients.
• Allow for professional judgment.
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What’s in it for the community?
• Only paramedics can call themselves
paramedics.
• Independent complaints system with
judgment by your peers.
• Expanded flexibility of paramedic practice.
• Avoid complex interstate differences – SA,
Tas, Vic and NSW have, or are
suggesting, different schemes.
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What will it cost?
• A registration fee.
• Compulsory continuing education.
• A market for professional indemnity
insurance.
• Whilst legal liability can be vicarious,
professional responsibility is personal.
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Questions? Comments?
Thank you for your attention.
Dr Michael Eburn
ANU College of Law
Australian National University
5 Fellows Road
ACTON ACT 2600
P: 02 6125 6424
E: [email protected]
B: https://emergencylaw.wordpress.com/
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