Medical Law Conference

About

Leading medico-legal minds discuss the latest developments in the law relating to medical care

Anthony Hill, Health and Disability Commissioner
Katie Elkin and Cordelia Thomas, Office of the HDC
Prof Peter Skegg, University of Otago
Prof Grant Gillett, University of Otago Medical School

Other relevant medico-legal and ethical challenges include:

• Practitioner competency and rehabilitation
• Fast tracking of clinical trials
• The Medicines Act and the challenges of new technologies
• Protecting personal health information

Gain even more from:

• Peer-to-peer group discussions
• Direct access to legal experts

Agenda

Agenda: Day 1

8.30

Registration & Coffee

9.00

Opening remarks from the Chair

Peter Skegg, Professor of Law, University of Otago

9.10

Informed consent and the competency of patients to make decisions

We start by examining the issue of patient consent and understanding of the treatment options available to them.
• The responsibility to communicate treatment options available
• Deciding on the competency to understand treatment
• Maintaining patient confidentiality while establishing competency
• Issues relating to patient demand or refusal of treatment

Iris Reuvecamp, Senior Associate, Buddle Findlay

9.55

End of life decisions and enduring power of attorney

The Protection of Personal and Property Rights Act 1988 requires an enduring power of attorney to act in the best interests of a patient but what decisions can be made by the EPOA at the end of life?
• The decisions that can be made about continuing or stopping medical treatment
• The EPOA and advance directives
• What happens when the patient lacks competency and doesn’t have an EPOA?

Annette Gray, Partner, Buchanan Gray

10.40

Morning tea

11.00

Advance care planning

Advance care planning is a way for individuals to make informed decisions about their future care. In this session we look at some of the areas of future care that can be planned for and the limitations of ACPs.
• The Advance Care Planning guide
• Some risks as well as benefits of advance care planning
• Advance care planning and degrees of competency to make decisions

Dr MaryLeigh Moore, Senior Lecturer Medical Law and Ethics, University of Otago

11.45

The precedence of a right to life in deciding cases

The UK decision W v M [2011] was the first case in the UK about an application to withdraw artificial nutrition and hydration from a patient in a minimally conscious state. The importance of preserving life was the decisive factor, with the court deciding it was not in the patient’s best interests for artificial nutrition and hydration to be withdrawn based on the level of consciousness. Here we look at the implications of this case for New Zealand.
• The role of families in deciding the best outcome for patients
• The importance of an advance directive rather than informal statements in deciding the patient’s wishes
• The use of formal assessment tools in diagnosing a patient’s true condition
• The framework for bringing these matters to Court

Wendy Aldred, Barrister, Waterfront Chambers

12.30

Lunch

1.20

Clinical case scenarios: We break into groups to explore the themes from this morning’s discussions with our legal experts.

Penny Andrew, Senior Associate, Buddle Findlay
Wendy Aldred, Barrister, Waterfront Chambers

1.50

The implications of the Muliaga case for nurse practitioners

Diana Hart was the nurse practitioner responsible for the clinic and home-based care of Folole Muliaga who died in 2007 after the electricity in her home was disconnected. Diane discusses some of the issues that arose for her as a nurse practitioner during the Coroner’s investigation into the events leading up to Mrs Muliaga’s death.
• Accountability in multidisciplinary teams
• Informed consent and the right of family members to know the truth about a patient’s condition
• The effect of the complaint for the individual and nurse practitioners generally
• The importance of good clinical records

Diana Hart, Respiratory Nurse Practitioner, Middlemore Hospital

2.35

Expanding the scope of practice for medical professionals

A shortage of healthcare workers has meant the need to make the most of the current health workforce. This session will examine the trend towards expanding the scope of practice for some medical professionals.
• What are the implications of this trend for practitioners and their supervisors
• The responsibilities of those acting as supervisors
• The recent technical amendments made by the Statutory References Bill to update scope of practice requirements

Penny Andrew, Senior Associate, Buddle Findlay

3.20

Afternoon tea

3.35

Protecting the confidentiality of repositories of personal health information

When personal health information is collected for reasons other than the direct provision of care, there are obligations on medical professionals to make patients aware of the collection of information, the intended purpose of the collection, and who is accessing it. This is becoming increasingly important as the strategy proposed by National Health IT Board of regional health information repositories progresses.
• The increasing breadth of information being collected and held
• The balance between privacy and accessibility
• Arrangements for the use and disclosure of personal information when the patient’s immediate and current consent cannot be sought and obtained
• Issues for individuals accessing their own health information, or the information of relatives or associates
• The governance of information held collectively
• The associated uses of information: teaching, research, quality improvement and funding

Ross Boswell, Clinical Director of IT, Counties Manukau DHB

4.40

Examining the proposed fast-tracking of clinical trials

This session examines the recent decision by the Health Select Committee to fast track certain clinical trials to support innovation and make New Zealand a more attractive place to undertake clinical trials.
• The proposed changes
• Will the robustness of the current system be maintained to protect research patients?
• What about the findings of the Cartwright inquiry?

Grant Gillett, Professor of Medical Ethics Otago Bioethics Centre, University of Otago Medical School

5.15

End of day one & networking drinks

Agenda: Day 2

9.00

Welcome back from the Chair

Peter Skegg, Professor of Law, University of Otago

9.05

Keynote: Future challenges and objectives: The Health and Disability Commissioner

Anthony Hill was appointed as the new HDC Commissioner in July 2010. He will discuss the new era for the Health and Disability Commissioner and describe the challenges and vision for the HDC over the next 12 months.

Anthony Hill, Health & Disability Commissioner, Office of the Health & Disability Commissioner

9.45

Overview of recent decisions by the Health and Disability Commissioner

We look at some of the recent decisions made by the Health and Disability Commissioner over the last year and the outcomes and learnings of HDC investigations.

Katie Elkin, Chief Legal Advisor, Office of the Health & Disability Commissioner
Cordelia Thomas, Specialist Senior Legal Advisor, Office of the Health and Disability Commissioner

10.30

Morning tea

10.50

Prescribing requirements for medical practitioners

There have been a number of cases relating to the competency of practitioners when prescribing medicines to patients (including drugs of abuse). We review these decisions to look at the standards expected of medical professionals when prescribing drugs to patients in
New Zealand.

Rebecca Carajannis, Senior Solicitor, Russell McVeagh

11.40

A critique of rehabilitation under the Health Practitioners Competence Assurance Act

The Health Practitioners Disciplinary Tribunal considers rehabilitation as a part of its penalties. Based on a survey of recent decisions across professions, this analysis will examine what types of criminal and non-criminal conduct attract rehabilitation and the form that rehabilitation takes.

Kate Diesfeld, Associate Professor Faculty of Law, Waikato University

12.25

Lunch

1.20

The Medicines Act and new technology

This session will examine the Medicines Act and the developing field of nanomedicines. Changes to the Act are currently before Parliament but do they go far enough to keep up with rapid developments in this field? We examine the proposed changes and the risks.
• The application of the Medicines Act as currently enacted to nanomedicines
• The next generation of nanomedicines
• Is the legislation keeping up with changes in the science?

Dr Jennifer Moore, Research Fellow Faculty of Law, University of Otago - Wellington

2.15

Improving the regulation of medicines and complementary therapies in New Zealand

There have been a number of changes to the regulation of medicines. We will look at these and their implications for all health professionals including changes to the Medicines Act to address problematic provisions, changed prescribing frameworks and a variety of changes to the Medicines Regulations. Another significant area of change is the Natural Products Bill which will establish a new system for regulating complementary therapies.
• Amendments to the prescribing framework
• New category of delegated prescriber
• Pharmacists and podiatrists applying for designated prescriber status
• Revised standing order guidelines
• Generic substitution and medicines from vending machines
• New Code of Practice for the self-medication industry and changes to medicines advertising
• New system for regulation of low risk natural health products, herbal remedies and dietary supplements
• The establishment of a natural health products regulator within Ministry of Health

Fiona McCrimmon, Barrister, McCrimmon Law

3.00

Afternoon tea

3.15

Changes to the Privacy Act

This session looks at proposed changes to the Privacy Act and Health Information Privacy Code as they relate to health information.
• The exceptions for the use and disclosure of personal information when there is a serious threat
• Approved information sharing agreements to allow the use and sharing of information between agencies delivering public services
• Modifications to rule 12 and Sch 2 of the Health Information Privacy Code
• Regulating information derived from Guthrie Cards held by the Newborn Metabolic Screening Programme

Sebastian Morgan-Lynch, Senior Policy Adviser (Health), Office of the Privacy Commissioner

3.45

Changes to death certification

The Law Commission has proposed a number of changes to death certification in New Zealand in the Issues Paper ‘”Final Words: Death and Cremation certification in New Zealand”. We look at the key areas of concern discussed, the recommendations and the expected outcome of the review.

Dr Warren Young, Consultant, Law Commission

4.15

Closing remarks from the Chair and end of conference

Sponsors/Partners

Interested in sponsorship?

There are some exclusive opportunities to promote your company, and its products and services, at this leading event. Contact the sponsorship team below to request a prospectus or discuss the options, or view more about event sponsorship.

Registered Charities and NGOs are eligible for an additional 25% discount. Please contact us via 09 912-3616 to this claim discount.

3rd delegate half price applies to this event:
Register three people from your organisation at the same time, and the third person receives 50% off.

DatesLocationEarly bird price*Standard price 
Medical Law Conference
26 - 27 March		Museum of New Zealand Te Papa Tongarewa, Wellington$1995 + GST
(EB Date: 13 February)		$2295 + GSTRegister
Mental Health Law Conference
28 March		Museum of New Zealand Te Papa Tongarewa, Wellington$1295 + GST
(EB Date: 13 February)		$1495 + GSTRegister
Both Conferences
26 - 28 March		Museum of New Zealand Te Papa Tongarewa, Wellington$2995 + GST
(EB Date: 13 February)		$3295 + GSTRegister

* Early bird price available when you register and pay before the dates listed.