BOOK
Essentials of Law, Ethics, and Professional Issues in CAM - E-Book
(2011)
Additional Information
Book Details
Abstract
A pioneering local textbook covering curriculum requirements for Complementary and Alternative Medicine (CAM) students. Legal, ethical, and professional practice issues are essential curriculum components of all Complementary and Alternative Medicine courses. Statutory bodies, professional associations, educational institutions and accreditation authorities require the incorporation of such content into CAM study. This has created the need for a definitive guide written specifically for Australian students according to CAM curriculum requirements. Essentials of Law, Ethics and Professional Issues for CAM is the only local textbook which deals comprehensively with legal, ethical and professional practice issues for Complementary and Alternative Medicine (CAM) students. This timely medical text takes a multidisciplinary approach, and is written by authors who are both academics and practitioners, with contributing authors for individual CAM modalities. Essentials of Law, Ethics and Professional Issues for CAM is ideal for students, trainees and even practitioners in various modalities, including naturopathy, traditional Chinese medicine, massage, osteopathy, chiropractic and western herbal medicine.
- presents a combined solution for professional practice courses which cover legal, ethical and professional practice considerations
- is the only local book to address these issues for modalities considered by COAG for regulation and registration
- designed to meet the needs of CAM students at Diploma, Bachelor and Coursework Masters levels
- case studies, alert boxes, tips and explanations contained throughout
- includes integrative practice considerations
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Front cover | cover | ||
| Essentials of Law, Ethics, and Professional Issues in CAM | i | ||
| Copyright page | iv | ||
| Table of contents | v | ||
| Contributors | vii | ||
| Reviewers | ix | ||
| FOREWORD | xi | ||
| Preface | xiii | ||
| Acknowledgments | xv | ||
| Dedication | xvii | ||
| Chapter 1: The Australian legal system | 1 | ||
| Introduction | 1 | ||
| What is law? | 2 | ||
| Important legal concepts | 3 | ||
| The nature of law | 4 | ||
| Legislation (statutory law) | 8 | ||
| Common law (judge-made law) | 9 | ||
| Types of law | 9 | ||
| Hierarchy and jurisdiction of courts | 11 | ||
| Original and appellate jurisdiction | 11 | ||
| Administration law | 12 | ||
| References | 12 | ||
| Chapter 2: Law for CAM | 15 | ||
| Introduction | 15 | ||
| Occupational registration and licensing | 16 | ||
| National registration scheme for health practitioners | 18 | ||
| Consent | 19 | ||
| Criminal law | 22 | ||
| Criminal negligence | 23 | ||
| Tort law | 23 | ||
| INTENTIONAL TORTS | 23 | ||
| Unintentional torts | 25 | ||
| Defences | 29 | ||
| Contract law | 31 | ||
| Medical records | 34 | ||
| CAM therapy and negligence | 34 | ||
| CAM therapy and children | 36 | ||
| References | 39 | ||
| Chapter 3: Litigation and dispute resolution | 43 | ||
| Introduction | 43 | ||
| Litigation | 43 | ||
| Courts and tribunals | 43 | ||
| Going to court | 44 | ||
| The coroner | 44 | ||
| Evidence | 46 | ||
| Expert witnesses | 46 | ||
| Writing a court report | 47 | ||
| Documentation | 48 | ||
| The ombudsman | 48 | ||
| The Health Complaints Commissioner | 49 | ||
| Healthcare complaints mechanisms and professional registration boards | 52 | ||
| Dispute resolution | 52 | ||
| National registration scheme | 53 | ||
| Conclusion | 54 | ||
| References | 54 | ||
| Chapter 4: Business issues for CAM therapists | 57 | ||
| General business issues | 57 | ||
| Risk management | 69 | ||
| Insurance | 72 | ||
| Employing others | 73 | ||
| References | 75 | ||
| Useful websites | 74 | ||
| Chapter 5: Ethical challenges in the 21st century | 79 | ||
| Introduction – what is ethics? | 79 | ||
| Ethical reasoning | 80 | ||
| Ethical theories and concepts | 81 | ||
| General application of ethics | 84 | ||
| Personal and professional ethics | 85 | ||
| Business of being professional | 89 | ||
| Marketing ethics | 89 | ||
| Intellectual property | 91 | ||
| Challenges for the 21st century | 91 | ||
| Case study | 92 | ||
| References | 93 | ||
| Chapter 6: Professional responsibilities | 95 | ||
| Introduction | 95 | ||
| Registration | 97 | ||
| Factors not related to registration | 102 | ||
| References | 106 | ||
| Chapter 7: Research | 107 | ||
| Introduction | 107 | ||
| Evidence-based practice | 108 | ||
| Regulation of therapeutic goods in Australia | 109 | ||
| How research is placed for CAM practitioners | 110 | ||
| Educational institutions and CAM research | 111 | ||
| Research methods in CAM | 112 | ||
| Quantitative research | 113 | ||
| Qualitative research | 115 | ||
| Ethics and human research | 115 | ||
| Risk management | 117 | ||
| Useful websites | 118 | ||
| References | 119 | ||
| Chapter 8: Communication | 121 | ||
| Practitioner–client communication | 121 | ||
| Practitioner–practitioner communication | 127 | ||
| Public communication | 129 | ||
| Overview | 134 | ||
| References | 135 | ||
| Chapter 9: Introduction to CAM modalities | 137 | ||
| CAM defined | 137 | ||
| References | 146 | ||
| Chapter 10: Chiropractic and osteopathy | 147 | ||
| What is chiropractic? | 147 | ||
| What is osteopathy? | 149 | ||
| History of chiropractic and osteopathy | 150 | ||
| Recognition and status of the profession in law | 151 | ||
| Professional associations | 153 | ||
| Educational requirements in chiropractic and osteopathy | 154 | ||
| Therapeutic rationale | 157 | ||
| Scope of practice | 158 | ||
| Research evidence | 165 | ||
| Case study | 167 | ||
| References | 168 | ||
| Chapter 11: Herbal medicine and naturopathy | 171 | ||
| Introduction: what is herbal medicine and naturopathy? | 171 | ||
| History of herbal medicine and naturopathy | 172 | ||
| Recognition and status of the profession in law | 174 | ||
| Educational requirements | 177 | ||
| Therapeutic rationale | 179 | ||
| Scope of practice | 180 | ||
| Evidence-based medicine (EBM) and evidence-based practice (EBP) | 182 | ||
| Ethics related to herbal medicine and naturopathy | 182 | ||
| Case study | 184 | ||
| References | 185 | ||
| Chapter 12: Traditional Chinese medicine and acupuncture | 187 | ||
| Introduction: what is Chinese medicine? | 187 | ||
| History of Chinese medicine | 187 | ||
| Recognition and status of the profession in law | 188 | ||
| Health funds | 188 | ||
| Third-party payers | 188 | ||
| Clinical practice guidelines recognition | 191 | ||
| Professional associations | 191 | ||
| Recognition and utilisation by other health professionals | 191 | ||
| Educational requirements | 192 | ||
| Accreditation and registration | 192 | ||
| Continuing education | 195 | ||
| Diagnostic techniques | 195 | ||
| Therapeutic techniques | 196 | ||
| Conditions treated – physical and mental | 196 | ||
| Preventive care and maintenance | 198 | ||
| Practice guidelines | 198 | ||
| Practice accreditation | 203 | ||
| Safety issues: risks | 203 | ||
| Research evidence | 205 | ||
| Ethical concerns | 206 | ||
| Acknowledgment | 213 | ||
| Case study | 213 | ||
| References | 214 | ||
| Chapter 13: Massage | 217 | ||
| What is massage? | 217 | ||
| History of massage | 218 | ||
| Recognition and status of the profession in law | 218 | ||
| Educational requirements | 221 | ||
| Therapeutic rationale | 223 | ||
| Scope of practice | 224 | ||
| Research evidence | 226 | ||
| Ethics matters related to massage | 226 | ||
| Case study | 228 | ||
| References | 229 | ||
| Chapter 14: Homeopathy | 231 | ||
| Homeopathy: an introduction | 231 | ||
| History | 231 | ||
| Therapeutic rationale | 232 | ||
| Health fund rebate | 232 | ||
| Scope of practice | 233 | ||
| The conditions treated by homeopaths | 234 | ||
| Homeopathic administrative bodies in Australia | 234 | ||
| Education | 234 | ||
| Accreditation | 235 | ||
| Research | 235 | ||
| Ethical issues | 236 | ||
| Case study | 237 | ||
| References | 238 | ||
| Chapter 15: Integrative medicine | 241 | ||
| Introduction | 241 | ||
| What is integrative medicine? | 241 | ||
| History of integrative medicine | 243 | ||
| Recognition and status of integrative medicine in law | 244 | ||
| Educational requirements | 247 | ||
| Scope of practice | 248 | ||
| Informed decision-making in integrative medicine | 251 | ||
| Conclusion | 252 | ||
| Further reading | 253 | ||
| References | 253 | ||
| Table of Cases | 257 | ||
| Table of Statutes | 258 | ||
| Commonwealth | 258 | ||
| Australian Capital Territory | 258 | ||
| New South Wales | 258 | ||
| Northern Territory | 259 | ||
| Queensland | 259 | ||
| South Australia | 259 | ||
| Tasmania | 259 | ||
| Victoria | 259 | ||
| Western Australia | 259 | ||
| Index | 260 |