LO1: Demonstrate understanding of legal institutions and processes in health care (500 words).
Rose provided homeopathic services as an unregistered alternative health consultant, specialising in chronic pain. Maria consulted Rose about her chronic back pain, for which she had been on a long course of opiate-based GP-prescribed medication. Maria felt the opiate-based medication was not helping with the pain. Rose advised Maria to stop taking the opiate-based medication “immediately” and gave her a homeopathic remedy to take instead.
Maria had a severe reaction to the homeopathic remedy, combined with side effects from the sudden withdrawal from the opiate-based medication. She was hospitalised, which she found stressful and embarrassing.
When she rang Rose to complain, Rose denied she told Maria to stop taking the opiate-based
medication “immediately”. Maria also asked for information about the potential side-effects of the homeopathic remedy and sudden withdrawal from the prescribed medication and Rose refused to provide it.
Identify whether Rose is subject to the Code of Health and Disability Services Consumers’ Rights
(CHDSCR) and explain why.
Identify the relevant rights in the CHDSCR that may have been breached by Rose. Link any breaches
to Rose’s conduct.
Discuss the role of the Health and Disability Commissioner (HDC) and briefly outline the complaint
Discuss the specific steps for this this case to progress to the Human Rights Review Tribunal (HRRT) and outline the potential legal outcomes at the HRRT. Be specific.
Archie was a registered podiatrist. He altered documents to make fraudulent claims to ACC worth
$9000. He was charged and convicted under s 228 of the Crimes Act for dishonestly using a document.
Identify the standard and burden of proof for civil and criminal law. Briefly explain why the criminal
law standard is higher.
Citing the law, outline the specific disciplinary pathway for Archie as a result of this criminal conviction. Discuss the range of penalties that may apply to Archie at the HPDT.
https://www.hdc.org.nz/decisions/search-decisions/2020/19hdc00756/ HDC opinion 19HDC00756
Using research, discuss whether the criminal law should be changed to include the type of conduct undertaken by the support worker in this case? Why or why not?
Do not critique the conduct of the provider in this case. Concentrate on the law.
State what your occupation is (standard pathway students choose a relevant health or disability
occupation). State whether that is a registered or unregistered occupation.
Discuss how Right 1 of CHDSCR applies to your future practice. Be specific and use examples.
LO5: Present work at the appropriate academic standard (applies across assessment).
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