Health Law Developments
This is a must-attend for anyone associated with public health and medico-legal issues. Examine the key legal issues affecting the health sector and hear from the Office of the Health and Disability Commissioner and some of the best lawyers who practice medico-legal law. You will be taken through upcoming reforms, recent legislative changes in end-of-life-choice and privacy, recent cases and developments in employment law, and the latest information on digital healthcare. WEB223NZA34
Description
Attend and earn 4 CPD hours
Chair: Rebecca Keenan, Barrister, Liberty Law
1.30pm to 2.15pm The Health System: The HDC Perspective
Presented by Dr Cordelia Thomas, Associate Commissioner, Office of the Health and Disability Commissioner
2.15pm to 3.00pm End of Life Choice Act 2021
Issues arising from the new legislation:
- Who is eligible?
- Initial discussions: who can initiate these?
- An overview of the process and steps required
- Conscientious objections
Presented by Rachel Mould, Solicitor, Claro Law
3.00pm to 3.45pm Privacy and Health Information
- Key legislative changes:
- Health Information Privacy Code 2020
- Privacy Act 2020
- Privacy and data security: challenges facing the health sector
- Waikato DHB breaches: Case study
- National Cyber Security Emergency Response Plan (due to be released end of 2021)
- Privacy and Covid 19: considerations regarding an individual’s vaccination status
Presented by Duncan McGill, Partner, Duncan Cotterill
3.45pm to 4.00pm Break
4.00pm to 4.45pm Employment Law Issues Affecting the Health Sector
- Key principles of employment law
- Ensuring workplace health and safety
- Managing concerns about health, competence
- Reporting by employers of medical practitioners
Presented by Blair Scotland, Partner, Dundas Street
4.45pm to 5.30pm Digital Healthcare
- Recent developments in digital healthcare
- The regulatory landscape, issues and barriers
- Common pitfalls and misunderstandings
Presented by Aisling Weir, Special Counsel, Claro Law
Learning Objectives:
- Receive a general update from HDC on the health system
- Examine the practical implications of the End of Life Choice Act
- Gain a critical update on privacy law and the effect on the heath sector
- Receive important information on employment law changes
- Hear about recent developments in digital health care
Presenters
Rebecca Keenan
Rebecca Keenan commenced her nursing career in 1984 at Wanganui Base Hospital before travelling overseas and pracitising in the U.K.; Australia and Saudi Arabia. On her return to New Zealand she completed her nursing degree and then moved into reading for law. At the age of 40 she received her degree in law and was admitted to the Bar in 2005. She initially worked for NZNO before going to King's College London where she read for my Masters in Medical Ethics and Law. She is now based in Manukau where she practices as a barrister sole mainly in Criminal law and Mental Health Law. She is the current editor of Health care and the Law.
Dr Cordelia Thomas
Dr Cordelia Thomas is the Associate Commissioner for the Health and Disability Commissioner. She has previously been the HDC Associate Commissioner- Investigations, Acting Chief Legal Advisor, Specialist Senior Legal Advisor. Previously, she was the senior legal advisor for Toi te taio : the Bioethics Council. Her projects included "Who Gets Born: Prebirth testing" and "Human Embryos for Research". For a number of years she was a senior lecturer in law at Massey University and continues to teach Public Health Law. Her research interests include medical law and bioethics and her PhD thesis in law proposed a legal framework for the collection, retention and use of human body parts. She has published widely and is the author of several textbooks.
Blair Scotland
Blair Scotland has over 20 years' experience advising both public and private sector clients on employment matters. He has worked in-house and externally and his clients appreciate his legal know-how combined with his pragmatism that only someone who has worked as an in-house employment relations specialist can provide. Blair has an LLM (Hons) and a BA (Criminology) from Victoria University. He was admitted to the Bar in 1997 and joined the public service, firstly with the Department of Internal Affairs and then the Ministry of Social Development. He then moved to Telecom New Zealand Limited in an employment law role, and subsequently worked as a Senior Associate in the legal team of what is now Business Central (formerly EMA Central) for six years. Most recently, he was a Principal at Chen Palmer before setting up Dundas Street Employment Lawyers with Susan Hornsby-Geluk.
Duncan McGill
Duncan McGill is an experienced commercial litigation and dispute resolution partner, with a specific focus on insurance and medico-legal issues. Duncan has acted in NZ and the UK for over 20 years for a broad range of health practitioners, allied health professionals and organisations in respect of civil claims, investigations and inquiries and complaints and disciplinary matters. Duncan has appeared in numerous hearings before the civil courts, various professional boards, the Health Practitioners Disciplinary Tribunal and the Coroner’s Court. Duncan also acts for numerous primary health organisations, charitable trusts, private hospitals and rest homes. Duncan is an experienced participant in all forms of alternative dispute resolution and is a qualified mediator. He is recognised as a 'Leading Individual' for insurance by the Legal 500 Asia Pacific 2021 legal directory.
Aisling Weir
Aisling is a senior commercial lawyer who specialises in commercial contracting, procurement processes, and health technology. Prior to joining Claro in 2014, Aisling was a Senior Associate with Buddle Findlay. She has also held various in-house roles including with Fisher & Paykel Healthcare. Aisling’s clients include DHBs, digital health services providers, private surgical groups, clinics and facilities, health sector regulators, professional colleges and associations, and medicinal cannabis businesses. A major part of Aisling’s practice revolves around health technology. She specialises in assisting clients to establish telehealth businesses and online clinics, develop and commercialise health technology products and platforms, and IT agreements. Aisling also has extensive experience with IP agreements, R&D agreements, clinical trial agreements, Government funding agreements and quality systems agreements.
Rachel Mould
Rachel graduated with a Bachelor of Laws from the University of Canterbury in 2016. It was during her undergraduate studies that her curiosity towards the intersection between the legal and health sectors began. Following this line of interest, Rachel relocated to Sydney where she completed a Master of Health Law at the University of Sydney. Her studies covered a wide range of areas including the regulation of health professions, the impact of new technologies on healthcare and global health law and governance. While completing her postgraduate studies, Rachel gained experience working in the medical negligence litigation team of a large New South Wales personal injury law firm. This experience has given her a foundation for understanding the complexities of legal proceedings, particularly when the proceedings involve the healthcare of individuals. After returning to New Zealand, Rachel spent time working for a third-party administrator of accredited employers, which entailed managing personal injury claims, in line with the ACC legislation.Since joining Claro in early 2020, Rachel has enjoyed building on her experience and knowledge by assisting her colleagues in the wide variety of work that is completed across the firm.