LLM614 seminar 12 (revision) 01-04-25

There are 12 Schedule slots in the TGA schedule list

'Autonomy' is a secondary patient right, that must give way to a health practitioner's treatment advice

In all instances, consent must be in writing to be valid

'Professional misconduct' may include unprofessional conduct that is substantially below a standard reasonably expected

'Privacy' refers specifically to restrictions upon private information revealed in confidence that is not to be shared

Two legal liability issues for health carers handling and giving drugs; breach of statutory provisions, & battery

Concerning 'assault and battery', historically, 'assault' is the actual unlawful contact with a person

'Patent thickets' originate when the basic drug patent is surrounded by follow-up patents, and hamper generic entry.

'Western medicine' focuses on restoring balance & harmony in the body through various techniques like acupuncture

Medicines and chemicals are classified into Schedules according to the level of regulatory control over availability.

The 'presumption of capacity' includes a presumption a 16-year-old has capacity to consent to any medical intervention

'Scheduling' of medicines and chemicals is a state / territory-based classification system

'Consent' and 'informed consent' both operate equally in Australia, as stated by the High Court of Australia

There are no circumstances where medical treatment may be administered without consent

'Pharmaceutical evergreening' is ...

The existence of a psychological impairment automatically precludes capacity to consent to medical treatment

'Administration of drugs' means ...

A patient's ability to take in and retain information about proposed treatment is a relevant consideration in capacity