PHC190 Paramedic Law

PHC190 Paramedic Law

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PHC190 Paramedic Law

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PHC190 Paramedic Law

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Course Code: PHC190
University: Charles Sturt University is not sponsored or endorsed by this college or university

Country: Australia


Discuss About The Health Services Amendment (Paramedic Qualifications) Regulation 2015?


The Health Services Amendment (Paramedic Qualifications) Regulation 2015 was introduced under the Health Services Act 1997. This act helps and protects the paramedics. It is a new legislation in New South Wales for paramedics. The paramedics must have the a  Bachelor of Para medicine or a Graduate Diploma of Para medicine conferred by a university or must have a nationally-recognized Diploma of Para medicine issued by a registered training organization.
This legislation has help to carry out a protection to the paramedics holders in employment and any misrepresentation in their industry. However, in recently the new legislation has focused on the establishment through the Paramedic Registered Board.
According to the paramedic holders sometimes face difficulties while they are on their duty. Through the new registration under Paramedic Registered Board, the paramedics are protected from any legal obligations. Sometimes the paramedics’ beach their duty whiles they are providing services and do the negligence in their duty of care. Then the paramedic practitioner can face several legal issues. The ambulance service itself a duty of care service, where negligence never accepted. So the person who is required the service management, must not breached the tasks (Bradley, Townsend & Eburn 2015).
All individuals have fundamental legal and ethical rights in determining what happens to their own bodies – the principle of autonomy. To respect a patient’s autonomy the paramedic has to obtain valid consent in the majority of healthcare encounters. Failure to do so may result in an accusation of assault or battery.
According to the case study, Lachen was discriminated in his workplace from another co-worker which is unlawful as per the sexual orientation. Here the Byron has discriminated by the gender identity to Lachen. Fair Work Act 2009 (Cth) gives the provision of unlawful discrimination in the work place. The Australian Human Rights Commission Act 1986 (Cth) protects those people who are discriminated in their work place from their co-workers or by any individuals. Byron must not do such activities towards his co-worker or influenced other to do so.
sAccording to the Fair Work Act 2009 (Cth) and Anti-Discrimination Act 1977 (NSW) gives the provision of protect the employees in their work place from the discrimination. According to the case study, Byron not only discriminated his co-worker Lachan for being a transgender but also influenced other to disturbed him. He harassed by vernal abuse and through emails and calls.
Here, it can be stated that Lachan can take legal actions against Byron and other co-workers for discriminated him in the workplace which is a illegal activity.
The Anti-Discrimination Act 1977 (NSW) gives the fair treatment and equal working rights to the people who are discriminated in their workplace by other individual person r a group of persons. Here Byron, and his other co-worker who are work in the ambulance service discriminated Lachan for being a transgender. If Lachan made any complain against them and if they found guilty for their works then they have to pay penalties for the illegal activities.
As per the Civil Liability Act the offenders will pay the compensation to the person who discriminated by them.According to the case study, as being the paramedics Grace and Freda has the legal authority to take Layla to hospital, even though she has declined transport. If the paramedic thinks that the patient is injured and he or she needs a proper treatment then they can do as per the best interest.
It is the duty of the paramedics that they will give the initial treatment 6to the patient where any emergency situation has arise. They have the power to treat with special to the emergency services which is legal in Australia. They have the legal ethics regarding their professions. However, if the patient refuses to take any treatment for her injury, then the paramedic must respect their decisions. If there any situation has arises that the patient condition is not under control where he or she take his own responsibility then the paramedics can give the treatment with their best interest. Though the patient’s acknowledgement is also require for giving any emergency treatment of the paramedic (Bradley, Townsend & Eburn 2015).
According to the case study, it can be stated that the patient, Layla is in shock due to the accident. Therefore as a paramedic, first it is need to communicate properly with the patient due to her health condition and how it hurts her. If she is refused to take the treatment from the paramedic then it is the duty of them to examine her properly and she is behaving. First it is need to take the concern from the patient about providing proper treatment. If she demanding about something which she need to feel comfortable then as per the need and necessity the paramedic must provide the things which will help them to communicate with the patient properly.
The paramedic must observe every scene in the accident place and injuries of the patients. Accor5ding to the situation they will take decisions. If patient is determine about noy=t having any treatment then they must respect the decisions but the situation become out of control then they must provide treatment according to their best interest.
Here, according to the situation one thing should observes that the patient is refused to take any treatment and want to have an ice-cream which will make her feel good and recover the injuries. Due to the accident may be she is in a shock and may be not understand the importance of having treatment. A sudden accident sometimes put the person in a mental health condition and he or she failed to understand the importance of having treatment. Therefore, in such condition it is the duty of the paramedic that they will observe the patient carefully and take decision according to the situation. They can advise him about the advantages and importance about having treatment and assuring her about the proper comfort and safety from them (Acker, et al. 2014).
If they think that the patient is incapable of making any decision regarding the injuries and there is no other person who can be authorized behalf of the patient and the patient is suffering from the injury then the paramedic can treatment her. Here the paramedic can communicate with the local police for their emergency service of providing the treatment to the patient who is refusing to have the treatment and want to have an ice-cream.
According to the case facts, Felicity is a paramedic employee who has duty towards the patient in every emergency service. Here, in the case study, when she reached in Sudanese family, she found that one 13 year old girl; name, Shada is having fever and looks so pale, clammy, hypotensive, and has tachycardia. And later she also found that vaginal bleeding in the bed sheet.  Now when she wants to give Shada some medical treatments but her mother refused to have it. Now she is suspected that she may have some septic or other difficulties. But without the guardian’s authority she is not able to provide any treatment to her. Therefore if she fined any emergency issues for the girl health condition then she can communicate with the local authority of police about the condition and importance of having the treatment (Acker, et al. 2014).
She has the legal rights to give treatment to the patient who refused to have treatment or the authority where the medical supervision is necessary then she can take any legal action regarding the emergency situations.
The Health Services Amendment (Paramedic Qualifications) Regulation 2015 was introduced under the Health Services Act 1997. This act gives the protection and rights to provide the emergency medical services to any patient where the treatment is needed. Shada is in fever which was informed to Felicity but at the situation she has found that she s having more medical complication rather than fever where she needs proper treatment. However, she is a minor child who is 13 years old therefore, the permission and concerns of her authority also needed to give the treatment (Herbert, 2015). The paramedic never gives the proper treatment to any person. They used to check medical illness of the patient and provide emergency support to reduce the pain and later they use their vehicles to reach them to the hospital for the actual treatment.
Now, they have the authority to inform to the local police station about the refusal of the patient or their authorities to have the treatment. Now police come to the pace and take the initial steps to provide the treatment and admitted to the hospital of the patient (Wolski, 2016).
Shada has low blood pressure and abnormal rapid heart rate. Later the paramedic has subjected that she has female circumcision. Now due to the female circumcision may be she is ill and have fever. Therefore immediately she needs medical supervision because for the female circumcision she may have infections, difficulty urinating and passing menstrual flow, chronic pain, the development of cysts. Later she may face an inability to get pregnant, complications during childbirth, and fatal bleeding (Acker, et al. 2014).
It is a ritual of the Sudanese family for the girls who are under puberty. Therefore it is necessary for her of having emergency medical treatment for controlling the lower blood pressure, abnormal heart beating. One of the important issues is the infection due to the female circumcision.  As her mother is not want to have any medical treatment for her, therefore Felicity can now inform the local police authorities to give the girl proper treatment because of her abnormal health condition. She is legally entitled, with the assistance of the police to transport Shaba to hospital without the consent of her parents (Herbert, 2015).
Gillick competent define the term under the medical law where the child who are under 16years can consent about their medical treatment without the concern and permission of their guardians. The case is introduced from the case of Gillick v West Norfolk and Wisbech Area Health Authority where the child is supervise under a medical treatment without the consent of the parents. In Australia the Marion’s case the Gillick competent has made a historical initiative. Under the Gillick competent the minor is having the skills to understand of problems and implications; risks & benefits of treatment; communicate a reasoned decision about the illness. They can make decisions without the consent of the parents and in some cases they have rights to refuse for any treatment which will make any life risks or death to them (Wolski, 2016).
According to Gillick competent a minor child has right to have medical treatment without their parents concern. If any situation has arises where the minor asked to paramedic foe medical assistances without parents concern then the paramedics can give the medical treatment to them. When parents are not agree with the treatment but the children or the minor want medical assistances then the paramedic can help the minor and provide every services which are needed. Without the parents agreement they can give their consent for treatments. Sometimes the minors who are Gillick competent do not want to share about their treatment or any information regarding the medical treatment, and then it is the duty of the paramedic to respect their decision and not disclose any information about the issues (Herbert, 2015).
As per the situation if any paramedic thinks that a child who is 11 years old and who has a life threatening circumstances and need medical treatment from the hospital then they can take every action for the treatment of the child. If the parents deny to give permission regarding the treatment then they can inform to the local police station and take help from them to admit the child to the hospital.
If the child is Gillick competent then it will be easier for the paramedic to transfer the child to the hospital for treatment and save his or her life (Wolski, 2016).
Acker, J. J., Johnston, T. J., Lazarsfeld-Jensen, A., & Acker, J. (2014). Industrial paramedics, out on site but not out of mind. Rural Remote Health, 14, 2856.
Allen, K. (2016). Recognition of sepsis in the paediatric patient: a reflective study. Links to Health and Social Care, 1(1), 4-18.
Avery, G. (2016). Law and Ethics in Nursing and Healthcare: An Introduction. SAGE.
Bradley, E. J., Townsend, R., & Eburn, M. (2015). Paramedics and ACT mental health legislation. Australasian Journal of Paramedicine, 12(4).
Broadhead, R. (2015). Professional, Legal and Ethical Issues in Prescribing Practice. The Textbook of Non-Medical Prescribing, 35.
Burns, B. J., Watterson, J. B., Ware, S., Regan, L., & Reid, C. (2017). Analysis of Out-of-Hospital Pediatric Intubation by an Australian Helicopter Emergency Medical Service. Annals of Emergency Medicine.
Devenish, S., Clark, M., Fleming, M., & Tippett, V. (2015). Australian paramedic graduates transitioning into UK NHS ambulance services: what are the potential challenges?. Journal of Paramedic Prcatice, 7(10), 492-498.
Dyson, K., Bray, J. E., Smith, K., Bernard, S., Straney, L., & Finn, J. (2017). Paramedic resuscitation competency: A survey of Australian and New Zealand emergency medical services. Emergency Medicine Australasia, 29(2), 217-222.
Glass, C. (2015). “An exploration of expanded paramedic healthcare roles for Queensland.”-A Canadian Perspective. Australasian Journal of Paramedicine, 5(3).
Herbert, A. (2015). The Rights of the child at End of Life. Journal of Paediatrics and Child Health, 51, 6.Accounting
Menon, S. (2013). Is there an ideal legal framework for end of life decision-making?. BMJ supportive & palliative care, 3(2), 273-273.
Nehme, Z., Bernard, S., Cameron, P., Bray, J. E., Meredith, I. T., Lijovic, M., & Smith, K. (2015). Using a Cardiac Arrest Registry to Measure the Quality of Emergency Medical Service Care. Circulation: Cardiovascular Quality and Outcomes, 8(1), 56-66.
Reaburn, G., Zolcinski, R., & Fyfe, S. (2017). Rural paramedic practitioner–a future model of care. Australasian Journal of Paramedicine, 14(1).
Wolski, J. (2016). Law stories: Transforming family law. Ethos: Official Publication of the Law Society of the Australian Capital Territory, (239), 42.

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