Monday Muses~time for a deeper wider look
Rosemary McKenzie-Ferguson
Founder at Craig's Table- Recipient Summa Comp Laude 2021-22 Recipient Bloom Making a Difference Award 2023
This may appear to be a strange way to start Monday Muses however when I heard this quote over the last week while going through a backlog of Ted Talks the word "disenthrall" caught my attention. As I looked at the quote I wondered what would the last sentence look like if it were to be related to the workers compensation process.
First the word "dogma" would need to be understood not just from the system's point of view, but as a collective point of view. Currently there simply is just the lopsided system points of view and directives, the scant few words from the injured worker community are drowned out by the constant cacophony system that directs and dictates but neither hears or listens to itself or the concerns of the injured worker community.
Still the word "disenthrall" offers an insight to the world that simply exists but scant few people pay attention to.
I am sure that others would/could write a better last sentence; I am just hopeful that the intention to rebuild the current process has already started.
These 19 words were contained within an email I received last Friday afternoon.
These 19 words have taken almost 12 months to arrive so to say they are long-overdue is a massive understatement.
These words also extend the list of asked but unanswered questions.
These are just a few of the extra questions these 19 words have created
.We have already seen that the concerns that I have raised are deep-seated.
Should you have anything/something you would like me to put forward please email me [email protected]
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As is the way of information that comes over my desk and forms yet other questions; over the last while I have read and re-read legislations and regulations [yes I know I need to broaden my reading list][I can never seem to excite others by saying there is nothing quite as interesting as curling up on a wet weekend afternoon surrounded by legislations regulations white papers and Parliamentary Reports]
The question that kept rolling through my mind "what regulations are in place for the medico-legal process, or is it that the licence fee to operate is deemed to be adequate?"
The importance of the question is that medico-legal providers provide a service of setting in place medical specialists who examine but do not treat, they simply offer an opinion. Hence the medico-legal providers are not covered by the requirements of the AMA Nor do the medico-legal providers offer a legal point of view, medico-legal providers facilitate.
Thus I have asked the question of the required authority for the regulation[s] that medico-legal providers are to comply with.
How poor records can impact patient care?
As stated by the Australian Commission on Safety & Quality in Healthcare (2021):
Part 4 applies to RSPs [ *Provision of Relevant Services (Health and Related Services] (providing relevant services under the workers compensation legislation which are independent medical examination services but not assessment of permanent impairment services.
Note: Corresponding requirements for an RSP providing a medico-legal service under the motor accident legislation, can be found in Part 8 of the Motor Accident Guidelines.
4.1 In the provision of relevant services that are independent medical examination services, but not assessment of permanent impairment services, RSPs must:
a) comply with all legal requirements for practice, including relevant policies and codes of conduct
b) comply with the Procedural Direction PIC4 – Expert Witness Evidence and any subsequent procedural directions issued by the President of the Personal Injury Commission established under the Personal Injury Commission Act 2020 relating to expert witness evidence, and the code of conduct in Schedule 7 to the Uniform Civil Procedure Rules 2005 and promptly notify SIRA of any compliance breaches
c) comply with the standards and conduct for medico-legal consultations, examinations and reports, as set out in the Medical Council of NSW’s Guideline for Medico-Legal Consultations and Examinations in effect at the time of the relevant service. Where the Guideline for Medico-Legal Consultations and Examinations refers to the Medical Board of Australia’s Good Medical Practice: A Code of Conduct for Doctors in Australia, this only applies to RSPs who are medical practitioners under the Health Practitioner Regulation National Law (NSW)
d) act without bias and in a way that does not give rise to an apprehension of bias in the performance of their responsibilities
e) act in an ethical, professional, and considerate manner when examining injured people and practise procedural fairness when conducting medical assessments and writing reports. This includes respectful communication with injured people and considering their individual needs, providing impartial assessments, and ensuring that injured people are given the opportunity to explain any inconsistencies observed during an examination or in supporting material
f) comply with all privacy obligations including under the Health Records and Information Privacy Act 2002 (NSW) and the Privacy Act 1988
g) not ask for or accept any inducement, gift, or hospitality from individuals or companies, or enter arrangements that could be perceived to provide inducements, that may affect, or be seen to affect, the RSP’s ability to undertake the role of providing independent medical examination services in an impartial and unbiased manner
h) not engage in activities or publicly express opinions that might be perceived to compromise the practitioner’s ability to undertake the role of providing independent medical examination services in an impartial and unbiased manner
i) have access to the necessary resources and infrastructure to do all administrative activities necessary for the role.
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All of this caused yet another question to form, I am not 100% certain, however I hazard a guess that I am correct; the question "has there ever been any Parliamentary Review into the medico-legal/IME process?" My answer is no to the best of my knowing there has never been any Review undertaken.
Over the years I have given evidence at various Parliamentary inquires into the various workers compensation process over Australia, whilst the medico-legal process has been [lightly] touched on as a part of the overall process there has not been [to the best of my knowing] any more than the time taken to discuss some concerns regarding IME tampering as discussed in this slightly redacted Hansard. Even then it most likely took me longer to redacted/alter names and identification possibilities than the actual discussion.
It is long-overdue that the medico-legal process was sent for Review and external oversight as recommended be put in place. "Self-regulation is akin to no-regulation"
I am reliably informed that the medico-legal process in Australia is a $50million a year industry.
I do wonder just how much of the $50million is generated by "soft dollar benefits" What I do know is that over many years I have seen the loss of far too many medico-legal providers who always welcomed and even invited me in to support and assist members of the injured worker community.
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Gala Dinner fund raising dinner
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Awards Nomination
Compassionate Leaders Circle Forbes Magazine
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Conferences-Panels-Training-Webinars-Industry Groups
Webinar: Workers' compensation in the hybrid work environment Queensland 23rd may 2024 10-11am
#ELEVATEWORKCOMP May 22-23 2024 Marriott Marquis San Diego
76th Annual SAWCA Convention July 29 – August 2, 2024 Hotel Effie Sandestin 1 Grand Sandestin Blvd Miramar Beach, Florida
2024 Workers' Compensation Institute Give Kids The World Village VOLUNTEER DAY and the GALA Saturday, August 17th!!
AILA 2024 NATIONAL CONFERENCE 11 September 2024 6:30pm – 9:30pm AEST Broadbeach, Queensland
Podcast/Radio interview
Awards nominations
Nominate for the Bloom Awards [nomination close1st September]
IAIABC NextGen Awards [nomination close May 28, 2024]
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This is shaping up to be a busy week; this week I will sit with the presenter and producer of Shattered to answer questions, pose more question and offer my insights. I look forward to being asked questions without notice and being able to answer without skillful edits.
Yours in service
Rosemary
I never fully know what music wonders Marlo will send through, this week he has sent 2 of the all time greats Cosby Stills and Nash
Senior Technical Trainer and Assessor | Telecommunications, Cybersecurity
9 个月A very good one, Rosemary, Indeed ! Best wishes to you, champion !