The latest insights from our Health Law team:
If you'd like to stay up to date with Russell Kennedy's insights, please sign up here.
In what was the largest penalty ever imposed by the Federal Court in relation to contraventions of the Therapeutic Goods Act 1989 (TG Act), Evolution Supplements Australia were ordered to pay $11 million for unlawfully advertising a range of unapproved sports supplement products.
The Federal Court found that by displaying merchandise that referred to steroids, Selective Androgen Receptor Modulators (SARMs) and pre-workout products containing DMAA and other amphetamine derivatives, Evolution Supplements had unlawfully advertised prescription-only substances (and those that contained prohibited (Schedule 10) ingredients).
The Court accepted evidence that SARMs, such as those advertised by Evolution Supplements, present ‘a serious risk to human health and safety if not used within the TG Act framework’, having been linked to liver failure and increased risk of heart attack and stroke. Hence, importing, supplying or possessing SARMs without a valid prescription, license or authority is illegal.
Further, the Court also ordered Mr Cumhur Keskin, the Director of Evolution Supplements, to pay $1 million in penalties for failing to comply with an advertising direction issued by the Therapeutic Goods Administration (TGA). Mr Keskin attempted to conceal Evolution Supplements unlawful advertising by informing the TGA that it had removed the advertising from its website, but then continued to advertise some of its most dangerous products outside ordinary business hours (between 8pm and 4am).
To read more, please click here.
As of July 2021 more than 12 million original and repeat electronic prescriptions have been issued in Australia with the number increasing by around 500,000 every week.
The growth in the number of electronic prescriptions has been supported by a Federal Government subsidy that has allowed general practices to prescribe via SMS without incurring additional costs. In welcome news, and amid concerns about the future of electronic prescribing if the Government’s subsidy was to end, the scheme has now been extended to at least 30 June 2022.
Noting that the cost of sending an SMS via a computer program in Australia is roughly seven times the cost of the United States, Dr David Adam of the RACGP Expert Committee – Practice Technology and Management (REC–PTM) said that the ‘subsidy provides more certainty for practice owners and practitioners and will help to consolidate electronic prescribing as a core part of practice’.
An electronic prescription is a digital version of a paper prescription which is sent to the patient as an SMS or email. Electronic prescriptions are reported to save time, streamline the process, improve medicine safety and support effective telehealth in an environment with ongoing uncertainty due to COVID-19 outbreaks.
To read more click here.
The Australian Institute of Health and Welfare (AIHW) recently prepared a media release called ‘Mothers are older, smoking less and having healthy babies’. The media release comments on the increase in the age of women who are giving birth and refers to two reports, ‘Australia’s mothers and babies’ published in 2021 and ‘Older mothers in Australia’ published in 2019.
The 2019 report found that the number of Australian women who are giving birth after the age of 34 has risen over the years and will continue to increase. It was found that women who were pregnant at the age of 34 comprised of a quarter of the total number of pregnant women 2019. This number is almost double that of a 1999 statistic on the ages of expectant mothers.
The 2019 report identifies the advantages and differences of giving birth at a later age. Older women experience significant differences in relation to maternal characteristics, health behaviours and perinatal outcomes. Some advantages of having children at an older age includes a socioeconomic advantage, being happier after the birth of their child and being more resilient to anxiety and depression during pregnancy. It was found that children born to older mothers are associated with better social, emotional and cognitive outcomes.
However the 2019 report also warns of complications that are more likely to occur for older women. For example, women over the age of 40 are more likely at risk of gestational diabetes (18%) compared to women aged between 20-34 (10%). Other risks include:
- gestational hypertension;
- pre-term birth; and
- low birthweight.
It was also found that the number of women reported to be smoking during their pregnancy had reduced from 14% in 2010 to 10% in 2019. It has long been established that smoking during pregnancy can contribute to a number of pregnancy complications for both the mother and baby. The decrease in this number may be attributed in part to the support provided through antenatal clinics.
To find out more, click here.
A former Victorian psychologist has been reprimanded, had his registration cancelled, has been disqualified from re-applying for registration until 2026 and has been prohibited from providing any mental health service until 2026.
The disciplinary action comes after a finding of professional misconduct was handed down by VCAT on 30 July 2021.
The Psychology Board of Australia (Board) received six notifications regarding the practitioner’s conduct with four clients while he was registered as a psychologist during the 2009-2010 and 2012-2016 periods. The practitioner allegedly transgressed professional boundaries, engaged in inappropriate billing practices (billing for consultations that did not occur), failed to provide good patient care and failed to maintain adequate and accurate clinical records in relation to the four clients.
Upon receipt of the complaints, he was immediately suspended in 2016 and was required to undergo a health assessment due to concerns his health was impacting his ability to practise psychology safely.
In its decision, VCAT viewed the practitioner’s boundary transgressions as the most serious instances of professional misconduct and the ones that caused significant harm to his clients. This conduct ranged from establishing a personal and sexual relationship with one client, making personal disclosures to all four clients, sending inappropriate text messages, conducting consultations in public places and exploiting one client by contacting his ex-partner. The practitioner admitted to the conduct, including that he engaged in sexual relations with one client on three occasions.
VCAT also recognised the practitioner’s desire to return to counselling work. For this reason it ordered he be banned from providing, whether as employee, contractor, manager or volunteer, and whether directly or indirectly, any health service involving the provision of mental health, psychological or counselling services.
Once eventually allowed to re-apply for registration as a psychologist, the practitioner will have been out of practice for a total of 10 years since first being suspended by the Board.
In response to the COVID-19 situation in New South Wales, the Commonwealth Government has announced funding of $17.7 million to establish 10 Head to Health mental health hubs in and around Greater Sydney. The mental health support sites and hubs will support COVID-19 affected communities where the demand for mental health support is exponentially increasing. The funding will also be used to extend the Head to Help services offered in Victoria until 30 June 2022.
Support will be offered in a COVID-safe manner, and include face-to-face consultations, as well as video and telephone services so that access is available for remote communities and those confined to their homes. The Assistant Minister to the Prime Minister for Mental Health and Suicide Prevention, David Coleman has said “The Victorian clinics continue to provide excellent support to Victorians in need of mental health. Since they were established, the clinics have received 11,000 phone calls to the central intake service from people seeking support and more than 5,000 were referred to a clinic.” The response in NSW is intended to “keep people out of hospital emergency departments and will support GPs to provide treatment and care”.
You can read the media release here.
How we can help
Learn more about Russell Kennedy's expertise in the Health sector here.
If you'd like to stay up to date with Russell Kennedy's Insights, please sign up here.