urgicalVol: 11 No:7 August 2010 STHE ROYAL AUSTRALASIANnews COLLEGE OF SURGEONS
THE DEADLY EARS PROGRAM Helping children to hear, learn and talk. PAGE 22
[8] [14] [40] EDSA TRAINEES A NEW EYE CORNER ASSOCIATION PROGRAM Clear lessons can be The College has much The College’s East Timor’s The College of drawn from the Jayant to gain from a Trainee Eye Program is soon to be Surgeons of Australia and Patel case in Queensland. voice on Council. modelled in Sumba. New Zealand It’s easy Medfin makes finance easy with: • Appointments at a time and place that suits you • Fast response • Minimum paperwork • A service designed for surgeons • No deposit finance, with no additional security1
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Important information: 1. Approved customers only and subject to credit assessment. Terms and conditions apply. Fees and charges may apply. Medfin Australia Pty Limited ABN 89 070 811 148. A wholly owned subsidiary of National Australia Bank Limited an part of the NAB Health specialist business. (RACS8/10)
Royal Australian College of Surg1 1 13/07/2010 10:22:31 AM PRESIDENT’S PERSPECTIVE
It’s easy Post Fellowship Training Where appropriate, the College will acknowledge post Fellowship training programs Medfin makes finance easy with: • Appointments at a time and place that suits you • Fast response • Minimum paperwork • A service designed for surgeons • No deposit finance, with no additional security1 Ian Civil President Want more information?
Contact your local Medfin Relationship Manager ost Fellows would be aware that on 1300 361 122. it is common these days for newly Mqualified surgeons to spend some time doing additional specialised training after Don’t have time to phone? completing their Fellow of Royal Australasian College of Surgeons (FRACS). Indeed it has Visit medfin.com.au and request a quote online. been common for many years for young sur- geons to spend time overseas in formal or in- formal positions before coming back to work in Australia and New Zealand. Over recent years, increased surgical spe- cialisation within the major urban areas of Australasia and decreased access to the job markets of particularly United Kingdom and United States of America has meant more post- FRACS training is undertaken here. When sur- geons have completed this add-on experience they usually highlight this as a component of their scope of practice when being credentialed As with the University relationship, the for their definitive appointments. What can be quite difficult, given the extent and diversity “College has no interest in restricting the of post-FRACS training, is determining the availability of any post-Fellowship trainingnn real quality of that additional education and training and ensuring that it is appropriately ” understood, particularly in credentialing and lege. It is a key component of the College ef- for a specific specialty through that Specialty’s employment processes. fectively partnering with other educational Training Board.Recognising the crucial relation- Realising that “post fellowship (FRACS) providers to ensure increased educational op- ship the College has with the nine disciplines training” was a reality, the College determined portunities for all of us within a framework of that comprise its Fellowship, any post Fellowship that it would be helpful for Fellows and Train- educational standards and reliable delivery. program has to have the support of at least one ees completing their training, the surgical of these disciplines. Sometimes if the surgical pro- community and potential employers if such Determining quality gram impacts a number of disciplines they may training was to be accredited and then, if the As with the University relationship, the College have the support of more than one discipline. standards were appropriate, to be co-badged has no interest in restricting the availability of However, that is not essential to proceeding for with the College’s quality standard. any post-Fellowship training. Rather the College accreditation. While a number of subspecialty Medfin – finance for your: Car • Equipment • Practice • Cash flow needs This is a very similar approach to the Col- purely seeks to determine the quality of the pro- groups run post Fellowship training programs, medfin.com.au lege now working with a number of education- grams that are submitted to it and accredit and the College has no wish to enter into independ- al providers particularly Universities, where co-badge those that meet the required standard. ent relationships with them. On the other hand, Memorandums of Understanding (MOU) will These relationships need to build on the strengths where proposals originate from a subspecialty govern the relationship between the two (or of the College and so the relationships with Uni- group and are supported by one or more socie- more) organisations and the specific courses versities work under the oversight of the Educa- ties representing the nine disciplines then, if they will be accredited and co-badged by the Col- tion Board through the Skills training area or meet the standard, the College will accredit them. u Important information: 1. Approved customers only and subject to credit assessment. Terms and conditions apply. Fees and charges may apply. Medfin Australia Pty Limited ABN 89 070 811 148. A wholly owned subsidiary of National Australia Bank Limited an part of the NAB Health specialist business. (RACS8/10) [Surgical News] PAGE 3 August 2010
Royal Australian College of Surg1 1 13/07/2010 10:22:31 AM PRESIDENT’S PERSPECTIVE Monash University > Medicine, Nursing and Health Sciences > Surgery > Cabrini > Info
Increasing pressures The Sir Edward Hughes The standard is determined by a post Fellow- Memorial Clinical Research ship training program assessment committee. This is comprised of a majority of surgeons Prize in Surgery 2010 from non-interested specialties, but crucially in- volves representatives from not only the spon- soring discipline, but also the other disciplines The Cabrini Monash University Department of Surgery with potential crossover interests in the area of together with the Cabrini Institute - Education and Research the proposed subspecialty training program. and Johnson and Johnson Pty Ltd are pleased to advise that The College recognises the increasing and the competition for the prize will be held at Cabrini Hospital, conflicting pressures of generalism and spe- 16th October 2010. The prize is open to application by all cialism in surgical practice and is not driving surgical residents and registrars who have entered or intend surgery towards specialism. In fact, the College entering an accredited surgical training program. recognises that both effective generalism as well Successful completion of the Primary examination of the RACS (or as skilled specialism is needed to deliver quality equivalent) is a prerequisite for application. The trainee must be the principal surgical care in each of the nine disciplines. Post author, and have contributed the majority of research work for the project. Papers must relate to a topic of predominantly clinical significance in surgery. Fellowship training has long been with us and, The abstract should be arranged as follows: Purpose, Methodology, Results because of various pressures on the training and Conclusions. process and the workplace, seems to be increas- An abstract of no more than 250 words will be required to be submitted by ing. The College does not intend its post Fel- 5pm Friday 27 August, 2010. The ten finalists selected will be contacted and lowship process in any way to drive specialism, names listed on this web site by 20th September 2010. but rather to put such post Fellowship training Ten finalists will be selected for presentation of a seven-minute paper with as does exist into a quality framework, if the three minutes to respond to questions. An objective pre-formatted point providers of such training so prefer. system will be employed to determine the winner. Judging will be along the guidelines of the Surgical Research Society, with special emphasis given to the It is on this background that the informa- clinical significance of the topic. The panel of invited judges will be selected tion about the College accrediting courses and from clinical surgeons, physicians, academics, basic researchers and ethicists. more importantly newly accredited post Fel- The prize is sponsored by Johnson and Johnson Medical Pty Ltd and consists lowship training programs must be considered. of AUD$6000 and a shield. Firstly that, in line with the College policy, the program must have the support of at least 2009 Dr Tarik Sammour: Warming and humidification of one of the nine specialty groups. Secondly, the insufflation gas in laparoscopic colonic surgery - a double- PREVIOUS blinded, randomised, controlled trial. quality of the proposed program has been as- WINNERS 2008 Dr Michael Wyatt: TOUGHEN UP – too high a price sessed as adequate and that required reports to pay for the best lamb in the world? which will be defined in the subsequent Mem- 2008 Dr Anubhav Mittal: Proteomic Changes in Mesenteric orandum of Understanding will ensure it is de- Lymph Secondary to Haemorrhagic Shock 2006 Dr Alkis J Psaltis: An animal model for the Study of livered effectively. Finally, in those areas where Biofilms in Rhinosinusitis there are overlapping areas of interest from 2005 Dr Sebastian King: Colonic Manometry in Paediatric Abstracts and/or { more than one specialty group, the College will Slow Transit Constipation Shows Consistent Deficiencies approve more than one post Fellowship pro- presentations must in Propagating Contractions: Manometric Evidence of a be submitted by New Disease gram if suitable quality applications for such disk or email with 2004 Dr Mehrdad Nikfarjam: a contact phone Hyperbaric oxygen therapy programs are received. improves survival and reduces severity of acute severe number and pancreatitis address to: 2004 Dr Naeem Samnakay: Morphology & Apoptosis Clinical Assistant In The Ovine Fetal Kidney In Prenatal Bladder Outflow Cabrini Monash Obstruction University SPECIALIST CONSULTATION 2003 Dr Adam Stewart: A pain control infusion pump for Department of post-operative analgesia following inguinal hernia repair: a ROOMS IN SYDNEY AVAILABLE Surgery double-blind, randomized controlled trial. Cabrini Institute FOR SESSIONAL RENTAL. 2002 Dr Shomik Sengupta: Cabrini Medical Butyrate delivery to the distal Centre colon suppresses colorectal tumorgenesis in rats. 2001 Dr Paul Moroz: Targeting liver tumors with Chatswood. Archer Street. Very close to 183 Wattletree hyperthermiz: arterial embolisation hyperthermia in a trains and buses. Recently renovated. Road, Malvern, small animal model. Victoria 3144 Car space available. 2000 Dr Marins Pirpiris: Australia Iatrogenic crouch gait: an avoidable complication of calf lengthening. Email: institute@ For more information, contact cabrini.com.au 1999 Dr Charles Douglas: A randomised trial of P: +61 3 9508 1651 ultrasonography in the diagnosis of acute appendicitis 0410482838 or 0410246554, incorporating the Alvarado score. F: +61 3 9508 1657 or email [email protected].
[Surgical News] PAGE 4 August 2010 RELATIONSHIPS & ADVOCACY
Politicians face the hard questions The College has asked the major parties to respond on health policy issues
tected time and appropriate remuneration for The College is opposed to the recognition of the training function. cosmetic medical practice and podiatric sur- Keith Mutimer We also argued that government must gery as medical specialties, believing that they Vice President work with the College on a sustainable model constitute a serious risk to patient safety. for the adequate funding of the College’s role in The document also stresses that systematic n the last several state elections, the Col- assessing and accrediting new and established auditing of processes and outcomes in Austral- lege has written to the major political par- training posts. ian health systems is fundamental to ongoing Ities seeking their responses to key health improvement in patient care, as is peer review of policy issues relevant to surgery. Patient safety health professionals’ work. Among our recom- We are now expanding this concept to the The Manifesto reminded the Government and mendations is that government work with the forthcoming Federal Election. To provide guid- Opposition that the College has been at the fore- College on a nationally coordinated and proper- ance to the parties, the College prepared a doc- front of patient safety initiatives including the ly resourced approach to audit and review proc- ument which highlights the important health Correct Patient, Correct Procedure, Correct Side esses to enable comparisons of performance issues pertaining to the practice of surgery. The and Correct Site Surgery protocol and, more within and between health jurisdictions. issues canvassed were by no means exhaustive, recently, the Surgical Safety Checklist. These We also called on the Government to en- but are those the College believes will, if ad- initiatives, among many others, demonstrate the sure certainty of funding for the Australian dressed, deliver the best outcomes for patients College’s commitment to this vital issue. Safety and Efficacy Register of New Interven- through improved surgical practice. The College asserted that the recognition of tional Procedures – Surgical (ASERNIP-S). As has been our custom in state elections, the surgical specialties is a critical patient safety issue, This unit is ideally placed to assist the Govern- College will assess the political parties’ responses and only those with a medical degree and special- ment in establishing and maintaining rigorous and make them and our commentary publicly ist surgical training can safely perform surgery. and transparent methodologies to ensure that available to our Fellows and Trainees in the last International Medical Graduates (IMGs) the healthcare dollar is spent in the safest and week of the campaign. The aim is to ensure that are key to addressing workforce shortages. It most effective manner. Fellows and Trainees have a clearer understand- is therefore imperative that IMGs seeking em- ing of the policies and drivers of the major parties ployment are thoroughly assessed, properly Regional and Rural Australia and can cast a more informed vote on election supported and adequately resourced and that As Australia’s population ages and demands on day. The College’s 2010 Election Manifesto identi- government strongly supports the College’s as- the health system increase, Australia’s surgeons fied five key areas in the election campaign. sessment processes. also age, with an increasing number of surgeons Recent tragic events in Bundaberg illustrate contemplating retirement. An already critical Future Workforce what happens when trained clinicians do not have situation in regional and rural Australia is about This covered key issues such as the need for the opportunity to determine who is, and who is to deteriorate further. Measures must be imple- more training posts and the extension of train- not, capable of operating safely on Australians. mented to address this developing crisis. ing into the private sector. We argued that gov- However, it is not just in the assessment of The relatively insufficient funding of region- ernment must support trainers, ensuring pro- IMGs that clinician advice is being overlooked. al and rural hospitals resulting in inadequate u
Correspondence to Surgical News should be sent to: Surgical News Editor: David Hillis [email protected] © 2010 Royal Australasian College of Surgeons Letters to the Editor should be sent to: All copyright is reserved. [email protected] The editor reserves the rights to change material submitted The College privacy policy and disclaimer apply – www.surgeons.org Or The Editor, Surgical News Royal Australasian College of Surgeons The College and the publisher are not responsible for errors or consequences from reliance on information in this publication. Statements represent the College of Surgeons Gardens views of the author and not necessarily the College. Information is not 250-290 Spring Street intended to be advice or relied on in any particular circumstance. East Melbourne, Victoria 3002 T: +61 3 9249 1200 F: +61 9249 1219 Advertisements and products advertised are not endorsed by the College. W: www.surgeons.org The advertiser takes all responsibility for representations and claims. Published for the Royal Australasian College of Surgeons by RL Media Pty Ltd. ISSN1443-9603 (Print) ISSN 1443-9565 (Online) ACN 081 735 891, ABN 44081 735 891of 129 Bouverie St, Carlton. Vic 3053.
[Surgical News] PAGE 5 August 2010 RELATIONSHIPS & ADVOCACY
infrastructure and leave arrangements has ren- some of these problems can be addressed by a dered them an unattractive workplace for young- commitment to greater efficiency, there can be er surgeons. Inefficient management structures no denying the need for greater investment in within hospitals, and the often top-heavy and our public hospital system, and in its workforce. overly bureaucratic management of Health Areas No matter how well governments resource COCHLEAR IMPLANTS by government, has exacerbated the problem. commitments to preventative health, integrated It was also noted that educational and primary care, and aged care, this decline in bed training arrangements are such that the option numbers represents a dangerous under invest- PROFESSIONAL STANDARDS of working in regional and rural Australia is ment in the health system. The problem will only inadequately encouraged. become more pronounced as our population ages. FELLOWS IN THE NEWS Support for the further development, ca- Following on from its work on the Emer- reer coaching and mentoring of IMGs working gency Surgery Consensus Statement, the COLLEGE AWARDS as surgeons in regional and rural Australia is College sought Government support to be- essential if they are to be a sustainable resource gin the process of reviewing and redesigning INTERNATIONAL DEVELOPMENT to Australia. The Commonwealth should facil- emergency care. The College also stated its itate access by IMGs to educational up-skilling support for the establishment of separate The current Federal Government’s health opportunities either through existing College structures for elective and emergency sur- RELATIONSHIPS & ADVOCACY reforms fall short of the single funder model. training programs or specifically developed gery. This may involve physically separate Rather, they have merely rebalanced the pro- IMG education/up skilling programs. facilities or, at the very least, separate streams portions of health funding provided by the There needs to be greater provision of allied within the one facility. state and federal levels of government. This medical services, such as nursing, anaesthetist, will not end the so-called blame game. pathology and radiology services, in rural and Funding While the College acknowledges that sin- regional areas in order to attract the interest of The parties were reminded that the College has gle funder is a longer term objective, we would younger surgeons. long been on the record as a supporter of a sin- support any sensible reform that indicates that Where possible, increased resourcing of re- gle funder health system. It remains so. this model is its ultimate goal. gional and rural hospitals should include per- Previously, blame and cost shifting be- The Election Manifesto represents an excel- sonnel to recruit surgeons and help manage their tween federal and state governments was rife. lent opportunity for the College to put forward transition into the hospital and local community. With both tiers of government providing some its position on a range of important surgical The accreditation of base hospitals as regis- funding for the health and hospital system it issues in the context of an election campaign. trar training posts would have a beneficial effect was inevitable that each would blame the other on surgeon numbers in regional and rural areas. when things went wrong. Experience suggests that surgeons trained in a The Rudd Government was elected with a regional or rural hospital are more likely to re- mandate to “end the blame game”. While the main there once their training is complete. AUSTRALIA DAY College recognises that the reforms introduced I look forward to sharing the parties’ in this term of Government are a step in the right feedback and the College’s response Access to Care direction and have many laudable aspects, they to it closer to polling day. In the The Manifesto argued that elective surgery wait- do not go far enough to deliver the certainty of meantime, the full Election Manifesto ing lists are symptomatic of longstanding prob- funding and the transparency and accountabil- is available on the College’s website, lems in Australia’s public health systems. While ity which patients and tax payers require. www.surgeons.org
RAMSAY FELLOWSHIP - PROVINCIAL SURGEONS - 2010 The Ramsay Fellowship was established through a bequest following The Fellow must spend a major part of each week at the appropriate institution donations made in 1986 and 1993 by Mr James Ramsay, AO, and subsequently and give a guarantee to continue in practice in his local area on completion of through the generosity of Mrs Diana Ramsay, AO. This Fellowship is only the Fellowship. There is no application form. A letter of application should be available to provincial surgeons in Australia or New Zealand and is designed forwarded before the end of September 2010 to the Scholarship Coordinator, to enable such surgeons spend time developing their existing skills or acquiring PO Box 553, Stepney SA 5069, or by email to [email protected]. new skills away from their provincial practice. The Fellowships can be taken for a period of two weeks (one Fellowship The following details should be included: of $5,000); or a period of one week (three Fellowships each of $2,500); or a • The intended Fellowship duration; combination of the above. • An outline of the experience or skills you aim to gain through the The Fellowship grant is intended to contribute substantially to: Fellowship and how • Return airfare to city (cities) of choice; this will benefit your current practice / hospital; • Daily living allowance (travel, meals, accommodation, ongoing practice costs); • The locations to be visited in order to achieve your aim; No additional amounts are payable for travel or accommodation for family, • A written confirmation from the institution where you are to gain your skill locum costs, insurance, or any other unspecified costs. or experience. • A brief outline of the costs associated with acquiring the skills & experience. The Fellowship does not incorporate payment for or arrangement of a locum. • Two written supporting references. However, assistance in arranging a locum, if required, can be obtained from the Rural Services Department at the College on +61 3 9276 7407. NB: This Scholarship is open for travel in 2010.
[Surgical News] PAGE 6 August 2010 NEW TO COUNCIL
Long service to the College Some proper respect to people with special talents
his/her allotted nine years (did you all notice the she has probably contacted a quarter of the “her” in there showing that I am not a chauvin- Fellows to ask for verification. I hope that you ist). Each of these persons has more experience could do so if she phones you! in their area than any councillor. Lastly Kathy Hickey – she is master of all. Her I.M.A Newfellow Now Toula is usually known as Toula, as her official title is Director of Education, Develop- last name can challenge some of us to pronounce ment and Assessment. In essence, this is exams have been discourteous, disrespectful, im- it properly, although the President did make a val- and courses. This area of the College activities is polite and inconsiderate. I have shown a iant effort at the morning tea. Unless you are an the very core of our functions. Ilack of praise where praise is due, I have International Medical Graduate (IMG) you may So there we have it – 50 years of service in not acknowledged achievements and I have not know her. She is the person who organises four persons. But there are others in our em- ignored them all too long. They are largely fe- the Australian Medical Council assessments of ploy who have given two years, five years, 10 male, so I have also been a chauvinist. This is IMGs, runs the assessment and supervision proc- years or more. There are 180 of them all over a little of what Mrs Newfellow said to me after ess of the College. About 100 such assessments our two countries doing the many tasks that my entirely innocent remark following the last are done per year and about 70 active assess- we set them, running our organisation. It is Council meeting. ments are being followed at any one time. they who really run surgical training and ed- My error was that I had mentioned that some If you are a New Zealander, the name of ucation, surgical outreach and international staff members were acknowledged for their long Justine Peterson may strike a little fear into your programs, surgical CPD. Many are women, but service to the College during morning tea on soul, but always respect. Justine has run the some are men; many are younger, but some are Friday. I think that I may have said that a few of New Zealand (NZ) office for 15 years and there older; many are in Melbourne, but some are “the girls” had had a bit of a function. “Girls, they is not a thing that happens in NZ that she does elsewhere. We acknowledge and thank you all. are not girls! They are a mature group of women not know about. If you are a NZ based Trainee So you see, Mrs Newfellow, that I am not with special talents and you should show them and think that you can fudge your log book – a chauvinist. Indeed I could never have been due consideration and respect.” don’t. She knows about it before the thought one as the meaning of the word has been cor- So here I go with due respect and considera- even reaches your consciousness. If you are a rupted. Nicholas Chauvin was a semi-mythical tion. The “girls”, as I so wickedly named them, NZ Fellow and need some information about soldier who was said to have served under were Toula Panagopoulos, Justine Peterson, the College, just ask Justine – she will know. Napoleon Bonaparte in the French Revolu- Kylie Mahoney and Kathleen Hickey. Many Fel- Two and half per cent of College Fellows tion and the Napoleonic Wars. This means he lows may only vaguely know these names, but should know the name of Kylie Mahoney as was on active service for at least 26 years. The in some areas their names are well known and she has been involved with the running of the French word “chauvinsme” meant a blind and perhaps invoke a slight amount of fear. Between Continuing Professional Development (CPD) unwaveringly zealous devotion to a nationalist them they have 50 years of service to the Col- program and that is the percentage of Fellows cause, and not a gender based bigotry. But then lege. That is 50 years of experience, more than who are asked each year to verify the data that along came those chauvinistic feminists and five times what any Councillor can achieve in they have submitted. In her 10 years of service hijacked the term. Inventors stories wanted! If you or someone you know has invented the self retaining abdominal retractor or something We like that we would like to hear from you. It can be a successful or not so successful invention need in surgery. We are interested in the ideas. stories
T: +61 3 9276 7430 E: [email protected]
[Surgical News] PAGE 7 August 2010 EDSA CORNER
Preventing another Patel incident Jayant Patel should have been assessed by the College and the Australian Medical Council
John Quinn Executive Director, Surgical Affairs
FELLOWS IN THE NEWS ast week’s verdict in the criminal trial of former Bundaberg surgeon Jayant Patel Lis not, regrettably, the end of this tragic matter. There will most likely be an appeals INTERNATIONAL DEVELOPMENT process, much of it turning on questions as fundamental as criminality within clinical care and the liability of a surgeon who has obtained the consent of a patient to operate. It is prema- ture to say that victims and grieving relatives now have closure. Irrespective of the outcome of any appeals ernment. This is what happened in the case new national system for registering doctors and process, however, there are clear lessons that can of Patel. So precipitate was the process of his accrediting health-related training courses came and must be drawn from the Patel case so far. appointment, his CV and references were not into effect last week. Essentially an attempt to First, trained clinicians should determine thoroughly checked; had they been, this whole centralise the process by which health profes- who is, and who is not, capable of operating sorry mess might have been avoided. sionals are registered, it will facilitate the move- safely on Australians. In the Patel case, it was bu- The second lesson to be drawn from the ment of these professionals across state borders. College Conferences and Events Management reaucrats, answering to politicians in search of case is the importance of clinical governance While the College of Surgeons has been Contact Lindy Moffat / [email protected] / +61 3 9249 1224 expedient solutions, who oversaw the appoint- in our hospitals. It is the responsibility of em- generally supportive of the reforms, it did cam- ment of the surgeon to Bundaberg Hospital. ploying hospitals to ensure that surgeons when paign successfully for some key amendments. As a foreign-trained surgeon, Patel should appointed are correctly credentialled; that their One of these was to ensure that clinicians, not have been assessed by experienced surgeons appointment is to an appropriate position at bureaucrats, sit on the committees that de- as part of a thorough and proven process an appropriate level of experience and senior- cide who does, and who does not, become a conducted by the College and the Australian ity; and that the range and scope of their clini- registered doctor. Another was to ensure that Medical Council. cal privileges are clearly defined. experts, not politicians, decide which teaching International Medical Graduates, or IMGs, Hospitals must also ensure that the per- institutions have developed medical courses of with a specialist surgical qualification may ap- formance of their surgeons is formally and reg- sufficient rigour to be accredited. ply to the college for assessment to determine ularly monitored by way of continuing clinical Interestingly, however, one of our proposed their comparability to an Australian or New audit and peer review. amendments was met with stony silence by Zealand-trained surgeon. Anthony Morris QC, who chaired the the politicians. This was to do away with the If the assessed IMG is deemed comparable, original commission of inquiry into the Bun- mechanism whereby politicians or their del- he or she is supervised for a period of time be- daberg Hospital affair, which was brought to egated bureaucrats can, without reference to fore achieving a College Fellowship. Sometimes an end before delivering its findings, notes that clinicians, declare a given area or hospital an passing the College’s Fellowship examination Queensland Health’s quick-fix became seri- “area of need’’. may be required to demonstrate comparabil- ously problematic when Patel was appointed Such a declaration enables the appointment ity to an Australasian Fellow. If the IMG is as- director of surgery. As highlighted by Morris, of a surgeon who has yet to be deemed fully com- sessed as not comparable, it is recommended this was in direct contravention of an express parable with a locally trained surgeon. While dec- that he or she apply for the College’s Surgical condition of Patel’s registration by the Queens- larations of area of need are sometimes a neces- Education Training Program, just as an Aus- land Medical Board that Patel be supervised by sity, the College of Surgeons believes they should tralian or New Zealand (NZ) medical graduate the director of surgery. be made in consultation with clinicians. wishing to become a surgeon does. So Queensland Health’s credentialling proc- It is sadly ironic that existing arrangements, This process of assessment acts as a safe- ess was also flawed. Not only was Patel appoint- and the threat they pose to patient safety, were guard, ensuring that IMGs seeking to work ed without restriction of his scope of practice, enshrined in a supposedly new and improved or train as surgeons have achieved the same but the condition that he be supervised was system of registration in the very week that required standards as their Australian or NZ apparently ignored. The presence of a more ex- their potential to do harm was brought home counterparts. perienced surgeon would have meant a second so forcefully. Unfortunately this process of assessment opinion was always available before surgery. This article appeared in Brisbane’s Courier is not mandatory and can be avoided by gov- Readers may not be aware of the fact that a Mail, 7th July 2010. . [Surgical News] PAGE 8 August 2010 Pub: CMC TOTS Page: 9 Date: 28-NOV-2009 Plate:CMYK Manly, NSW Manly, 2010 Manly Pacific Pub: CMC TOTS Page:Novotel Sydney 9 Date: 28-NOV-2009 Plate:CMYK 2-4 September 2010 NeckNeck Neck 12th Annual Scientific Meeting 12th http://asc.surgeons.org Annual Scientific Congress Perth Convention & Exhibition Centre, Perth, Australia 4 –7 May 2010 Pub: CMC TOTS Page: 9 Date: 28-NOV-2009 Plate:CMYK 9 August 2010 [Surgical News] PAGE Australian and New Zealand Australian and New Zealand Head and Neck Cancer Society Royal Australasian College of Surgeons perth’10 & & & & Pub: CMC TOTS Page: 9 Date: 28-NOV-2009 Plate:CMYK
Pub: CMC TOTS Page: 9 Date: 28-NOV-2009 Plate:CMYK – LIFE BALANCE” “WORK Mr Andrew Thompson Convener Conference Further information and sponsorship opportunities contact: Australasian College of Surgeons Royal E: [email protected] T: +61 3 9249 1260 F: +61 3 9276 7431 Royal Australasian College of Surgeons Register online: www.anzhns.org Register online: 2 – 6 May 2011 2 – 6 May Annual Scientific Congress Scientific Annual Australia Centre, Adelaide, Convention Adelaide Head Head Head 2010 Pub: CMC TOTS Page: 9 Annual Scientific Congress Perth Convention & Exhibition Centre, Perth, Australia 4 –7 May 2010 Date: 28-NOV-2009 Plate:CMYK Annual Scientific Congress Perth Convention & Exhibition Centre, Perth, Australia 4 –7 May 2010 AUSTRAUMA Dr Valerie Malka Dr Valerie Animal Injuries Animal Emergencies Orthopaedic Surgery General Emergency Damage Control Nightmares Care Critical Royal Australasian College of Surgeons perth’10 ✱ ✱ ✱ ✱ ✱ Royal Australasian College of Surgeons perth’10 Contact Lindy Moffat / [email protected] / +61 3 9249 1224 / +61 / [email protected] Contact Lindy Moffat 11 – 13 February 2010 February – 13 11 Conference Themes: Emma Thompson Emma Contact: “WORK – LIFE BALANCE” “WORK Mr Andrew Thompson Convener Conference Further information and sponsorship opportunities contact: Australasian College of Surgeons Royal E: [email protected] T: +61 3 9249 1260 F: +61 3 9276 7431 Conferences and Events Department Events and Conferences Royal Australasian College of Surgeons of College Australasian Royal Trauma, Critical Care and and Care Critical Trauma, PROVINCIAL SURGEONS SURGEONS PROVINCIAL AUSTRALIAOF +61 3 9276 7431 3 9276 I F: +61 1139 3 9249 T: +61 Trauma Radiology Trauma Humanitarian Aid Humanitarian Conference Convener: Emergency Surgery Conference Surgery Emergency Neurotrauma Injuries Paediatric Mass Casualties Mass “WORK – LIFE BALANCE” “WORK Mr Andrew Thompson Convener Conference Further information and sponsorship opportunities contact: Australasian College of Surgeons Royal E: [email protected] T: +61 3 9249 1260 F: +61 3 9276 7431 ✱ ✱ ✱ ✱ ✱ 2010 College Conferences and Events Management and Events College Conferences Sydney Convention & Exhibition Centre, Darling Harbour, Sydney. Harbour, Darling Centre, & Exhibition Sydney Convention [email protected] I www.austraumaconference.org E: [email protected] 2010 46TH ANNUAL SCIENTIFIC CONFERENCE ANNUAL 46TH 1-4 SEPTEMBER 2010 BROOME BEACH, CABLE WESTERN AUSTRALIA Annual Scientific Congress Perth Convention & Exhibition Centre, Perth, Australia 4 –7 May 2010 +61 3 9276 7431 3 9276 +61 AUSTRAUMA AUSTRAUMA Dr Valerie Malka Dr Valerie Animal Injuries Animal Emergencies Orthopaedic Surgery General Emergency Damage Control Nightmares Care Critical ✱ ✱ ✱ ✱ ✱ Annual Scientific Congress Annual Scientific Centre, Perth, Australia Perth Convention & Exhibition 4 –7 May 2010 AUSTRAUMA Dr Valerie Malka Dr Valerie Critical Care Nightmares Care Critical Animal Injuries Animal Emergencies Orthopaedic Surgery General Emergency Damage Control ✱ ✱ ✱ ✱ ✱ Contact Lindy Moffat / [email protected] / +61 3 9249 1224 / [email protected] Contact Lindy Moffat 11 – 13 February 2010 February – 13 11 Conference Themes: College Conferences and Events Management and Events College Conferences Emma Thompson Emma Contact: Contact Lindy Moffat / [email protected] / +61 3 9249 1224 Contact Lindy Moffat / [email protected] 11 – 13 February 2010 February – 13 11 Conference Themes: Contact Lindy Moffat / [email protected] / +61 3 9249 1224 / [email protected] Contact Lindy Moffat Royal Australasian College of Surgeons Emma Thompson Emma Contact: perth’10 Conferences and Events Department Events and Conferences Royal Australasian College of Surgeons of College Australasian Royal Trauma, Critical Care and and Care Critical Trauma, PROVINCIAL SURGEONS SURGEONS PROVINCIAL AUSTRALIAOF +61 3 9249 1139 I F: 1139 3 9249 +61 Royal Australasian College of Surgeons perth’10 Conferences and Events Department Events and Conferences Royal Australasian College of Surgeons of College Australasian Royal Trauma, Critical Care and and Care Critical Trauma, PROVINCIAL SURGEONS SURGEONS PROVINCIAL AUSTRALIAOF T: +61 3 9276 7431 3 9276 I F:+61 1139 3 9249 T: +61 Humanitarian Aid Humanitarian Radiology Trauma Conference Convener: Emergency Surgery Conference Surgery Emergency Mass Casualties Mass Neurotrauma Injuries Paediatric 2010 September Humanitarian Aid Humanitarian Radiology Trauma Conference Convener: Emergency Surgery Conference Surgery Emergency Mass Casualties Mass Neurotrauma Injuries Paediatric ✱ ✱ ✱ ✱ ✱ ✱ ✱ ✱ ✱ ✱ Perth Convention & Exhibition Centre, Perth, Australia 4 –7 May 2010 Annual Scientific Congress College Conferences and Events Management and Events College Conferences College Conferences and Events Management College Conferences and Sydney Convention & Exhibition Centre, Darling Harbour, Sydney. Harbour, Darling Centre, & Exhibition Sydney Convention [email protected] I www.austraumaconference.org E: [email protected] Sydney Convention & Exhibition Centre, Darling Harbour, Sydney. Harbour, Darling Centre, & Exhibition Sydney Convention [email protected] I www.austraumaconference.org E: [email protected] “WORK – LIFE BALANCE” “WORK Mr Andrew Thompson Convener Conference Further information and sponsorship opportunities contact: Australasian College of Surgeons Royal E: [email protected] T: +61 3 9249 1260 F: +61 3 9276 7431 17-19 Cove, Gold Coast, QLD Hyatt Regency Sanctuary PROVISIONAL PROGRAM NOW AVALIABLE Contact: Emma Thompson 3 9249 1139 T:+61 E: [email protected] www.generalsurgeons.com.au W: GSA ANNUAL SCIENTIFIC MEETING SCIENTIFIC MEETING GSA ANNUAL DAY AND TRAINEES’ The Cutting Edge Emergency Surgery: 1-4 SEPTEMBER 2010 BROOME BEACH, CABLE WESTERN AUSTRALIA 46TH ANNUAL SCIENTIFIC CONFERENCE ANNUAL 46TH Conference Convener Mr Andrew Thompson Convener Conference Further information and sponsorship opportunities contact: Australasian College of Surgeons Royal E: [email protected] T: +61 3 9249 1260 F: +61 3 9276 7431 “WORK – LIFE BALANCE” “WORK 1-4 SEPTEMBER 2010 BROOME BEACH, CABLE WESTERN AUSTRALIA 46TH ANNUAL SCIENTIFIC CONFERENCE ANNUAL 46TH
Royal Australasian College of Surgeons perth’10
2010 2010 F: +61 3 9276 7431 T: +61 3 9249 1260 E: [email protected]
Further information and sponsorship opportunities contact: Australasian College of Surgeons Royal Conference Convener Mr Andrew Thompson Convener Conference “WORK – LIFE BALANCE” “WORK
AUSTRAUMA AUSTRAUMA Malka Dr Valerie AUSTRAUMA Damage Control Nightmares Care Critical Orthopaedic Emergencies Orthopaedic Surgery General Emergency Animal Injuries Animal Dr Valerie Malka Dr Valerie Critical Care Nightmares Care Critical Emergency General Surgery General Emergency Damage Control Animal Injuries Animal Emergencies Orthopaedic ✱ ✱ ✱ ✱ ✱ ✱ ✱ ✱ ✱ ✱ Contact Lindy Moffat / [email protected] / +61 3 9249 1224 9249 3 +61 / / [email protected] Moffat Lindy Contact 11 – 13 February 2010 February – 13 11 Conference Themes: Emma Thompson Emma Contact: Contact Lindy Moffat / [email protected] / +61 3 9249 1224 / +61 Contact Lindy Moffat / [email protected] 2010 11 – 13 February 2010 February – 13 11 Conference Themes: Emma Thompson Emma Contact: Conferences and Events Department Events and Conferences Royal Australasian College of Surgeons of College Australasian Royal Trauma, Critical Care and and Care Critical Trauma, PROVINCIAL SURGEONS SURGEONS PROVINCIAL AUSTRALIAOF Conferences and Events Department Events and Conferences +61 3 9276 7431 3 9276 F: I +61 1139 3 9249 T: +61 Royal Australasian College of Surgeons of College Australasian Royal Trauma, Critical Care and and Care Critical Trauma, PROVINCIAL SURGEONS SURGEONS PROVINCIAL AUSTRALIAOF Humanitarian Aid Humanitarian Radiology Trauma Conference Convener: Emergency Surgery Conference Surgery Emergency Mass Casualties Mass Neurotrauma Injuries Paediatric +61 3 9276 7431 3 9276 I F: +61 1139 3 9249 T: +61 ✱ ✱ ✱ ✱ ✱ Trauma Radiology Trauma Humanitarian Aid Humanitarian Conference Convener: Emergency Surgery Conference Surgery Emergency Mass Casualties Mass Neurotrauma Injuries Paediatric ✱ ✱ ✱ ✱ ✱ College Conferences and Events Management Events and Conferences College Sydney Convention & Exhibition Centre, Darling Harbour, Sydney. Harbour, Darling Centre, & Exhibition Sydney Convention [email protected] I www.austraumaconference.org E: [email protected] AUSTRAUMA AUSTRAUMA Dr Valerie Malka Dr Valerie Orthopaedic Emergencies Orthopaedic Surgery General Emergency Damage Control Nightmares Care Critical Animal Injuries Animal College Conferences and Events Management College Conferences Sydney Convention & Exhibition Centre, Darling Harbour, Sydney. Harbour, Darling Centre, & Exhibition Sydney Convention ✱ ✱ ✱ ✱ ✱ [email protected] I www.austraumaconference.org E: [email protected] 46TH ANNUAL SCIENTIFIC CONFERENCE ANNUAL 46TH 1-4 SEPTEMBER 2010 BROOME BEACH, CABLE WESTERN AUSTRALIA 46TH ANNUAL SCIENTIFIC CONFERENCE SCIENTIFIC ANNUAL 46TH 1-4 SEPTEMBER 2010 BROOME BEACH, CABLE WESTERN AUSTRALIA Contact Lindy Moffat / [email protected] / +61 3 9249 1224 / +61 3 9249 Lindy Moffat / [email protected] Contact 11 – 13 February 2010 February – 13 11 Conference Themes: Emma Thompson Emma Contact: Conferences and Events Department Events and Conferences Royal Australasian College of Surgeons of College Australasian Royal Trauma, Critical Care and and Care Critical Trauma, PROVINCIAL SURGEONS SURGEONS PROVINCIAL AUSTRALIAOF +61 3 9276 7431 3 9276 I F: +61 1139 3 9249 T: +61 Humanitarian Aid Humanitarian Radiology Trauma Conference Convener: Emergency Surgery Conference Surgery Emergency Mass Casualties Mass Neurotrauma Injuries Paediatric ✱ ✱ ✱ ✱ ✱ College Conferences and Events Management and Events Conferences College Sydney Convention & Exhibition Centre, Darling Harbour, Sydney. Harbour, Darling Centre, & Exhibition Sydney Convention [email protected] I www.austraumaconference.org E: [email protected] 46TH ANNUAL SCIENTIFIC CONFERENCE ANNUAL 46TH 1-4 SEPTEMBER 2010 BROOME BEACH, CABLE WESTERN AUSTRALIA LAW COMMENTARY
FELLOWS IN THE NEWS Mandatory Reporting Mandatory reporting requirements now apply nationally INTERNATIONAL DEVELOPMENT
Michael Gorton in his or her practice because of impairment; stitutes misconduct, and the relevant Board College Solicitor • places the public at risk of harm in his or her would decide what, if any, sanctions apply. practice in a way that constitutes a significant new national regime for mandatory departure from accepted professional standard. Exceptions reporting of health professionals will General exceptions apply to information which Aapply from 1 July 2010. The Health When to report is obtained in the course of actions relating to Practitioner Regulation National Law makes A registered health practitioner is required to insurance claims for professional indemnity all health professionals liable to make manda- report another registered health practitioner insurers, if the information is obtained in re- tory reports in relation to the conduct of other if the first person forms a reasonable belief, in lation to legal proceedings or providing assist- health professionals. the course of his or her practice, that notifiable ance or advice in legal proceedings. An exemp- For the first time, mandatory reporting re- conduct has occurred. That is, if you are a reg- tion applies for a health practitioner who is a quirements apply nationally. Additionally, it istered health practitioner you must report if lawyer, for providing legal assistance. applies across the 10 health professions regulat- you believe that another registered health prac- An exemption applies to registered qual- ed under the new legislation (doctors, nurses, titioner has behaved in a way that constitutes ity assurance committees or bodies, registered dentists, optometrists, osteopaths, pharmacists, notifiable conduct. under State or Territory legislation or under physiotherapists, chiropractors, podiatrists and Under these circumstances you are re- Commonwealth legislation. These statutory psychologists). quired to notify the Australian Health Practi- schemes provide statutory confidentiality for Mandatory reporting is not new. Exist- tioner Regulation Agency (AHPRA) as soon information obtained pursuant to the regis- ing legislation in Queensland and New South as practicable. There is no set time limit, but tered activities. If statutory confidentiality ap- Wales requires mandatory reporting by doc- clearly reports of notifiable conduct should be plies, then a mandatory report is not necessary. tors in relation to the conduct of doctors. How- made at the earliest practicable opportunity, A report is not required if a health practition- ever, the significant difference under the new once a reasonable belief has been formed that er knows or reasonably believes that AHPRA has law is that any health professional in the 10 notifiable conduct has occurred. already been notified in relation to the conduct. professions may be required to report in rela- Notification is also required in relation to Thus if another health practitioner or the em- tion to any other health professional. students. Students, who are required to regis- ployer of the person involved has already notified ter under the new law, must also be notified if AHPRA, then no further report is required. Notifiable conduct they are placing the public at substantial risk The trigger for reporting is if “notifiable con- of harm because of impairment. What is not excepted duct” occurs. This is where a registered health There is no exception for information which practitioner: What if i don’t notify comes to a health practitioner as a treating • practices while intoxicated by alcohol or It is not an offence or criminal act if a health doctor or treating health professional or for in- drugs; practitioner fails to make a mandatory report. formation obtained in the course of a health • engages in sexual misconduct in connec- However, the failure to make a mandatory re- program for health practitioners (unless the tion with practice; port can be referred to the relevant Board for program is registered under the statutory • places the public at risk of substantial harm consideration as to whether the failure con- schemes referred to above). [Surgical News] PAGE 10 August 2010 The significant difference under the new law is that any health“ professional in the 10 professions may be required to report in relation to any other health professionalxx”
Employers public and health professionals can make vol- Can I be sued if I fail to report If an employer reasonably believes that an untary notifications if they believe that there There is some case law which suggests that employee health practitioner has behaved in has been any misconduct or any cause of con- if a person fails to make a mandatory report, a way that constitutes notifiable conduct, a cern in relation to a health practitioner. which they are required to make, and other mandatory report to AHPRA must be made. Voluntary notification can certainly be people are injured after that time, the injured Many health professionals are not employees made for a range of expanded grounds, for ex- parties could sue the person who failed to of hospitals or aged care facilities, and accord- ample: make a mandatory report. This issue is not ingly the report is only required in respect of • any impairment of a health practitioner; clearly determined, but leaves open the ques- health professionals who are employees. • conduct of a health practitioner that is of a tion as to whether a civil claim of this nature If AHPRA becomes aware that an employer lesser standard than expected; could arise. has failed to make a mandatory report, AH- • if the health professional is not a fit and PRA is required to report that failure to the proper person; General responsible State or Commonwealth Minister • if there is any legal contravention. There is much more information regarding for consideration and action. the new national registration and accredita- Protection tion scheme on the AHPRA website http:// Education providers Section 237 of the new law gives protection from www.ahpra.gov.au AHPRA is also maintain- An education provider is required to notify in civil, criminal or administrative process where a ing telephone advice lines during this period relation to its students, if the education provider notification is made to AHPRA “in good faith”. If to assist all health professionals, employers reasonably believes that the public is at substan- a notification is made for malicious or vindictive and health bodies to understand their rights tial risk of harm arising from impairment of the purposes, this protection may be lost. The protec- and responsibilities under the new scheme. student. tion would prevent any action for defamation, and the protection applies whether the notifica- Michael Gorton is a Principal of Russell Voluntary notification tion to AHPRA is made on a mandatory or vol- Kennedy Solicitors, and is a member of the As with existing legislation, members of the untary basis, so long as it is made “in good faith”. Agency Management Committee of AHPRA
PhD in 4th National Pelvic Floor & Anorectal Disorders Course Clinical GI Physiology A Multidisciplinary Course
The Department of Surgery at The University Auckland, 1-2 October 2010 of Auckland and the Auckland For further information Bioengineering Institute, in collaboration Convened by: A/Prof. Ian Bissett contact: Administrator ACSC with the Mayo Clinic, are seeking a International Guest Lecturer: Phone: high-quality PhD candidate for a world class Sue Markwell +64 9 373 7599, ext 89304 research opportunity in clinical Email: gastrointestinal physiology. The course is designed for [email protected] The candidate will receive expert supervision surgeons, physiotherapists, Registration from Professor John A. Windsor and gastroenterologists & nurses. Registration fee includes Professor Andrew Pullan and work with a It will allow insights into the GST: Full Course $360.00 multi-disciplinary team of surgeons, management of patients with Day 1 only $288.00 gastroenterologists and engineers, to faecal incontinence & obstructed Day 2 only $90.75 develop and translate new devices for the defaecation. Registration closes on diagnosis and treatment of gastric motility Day 1 1 September 2010 disorders. This research is funded by the US Presentations & discussion A course manual and full National Institutes of Health (NIH) and the catering are provided. Health Research Council of New Zealand including Ventral Rectopexy, Biofeedback and SNS Please register online at: (HRC), and will involve opportunities to travel www.acsc.auckland.ac.nz to the US for conferences and collaboration. Day 2 If you require assistance For more information, please contact: Interactive Physiotherapy with accommodation, Scott Aitken, [email protected] Workshop with Sue Markwell please contact us. Ph: +64 9 923 6929
[Surgical News] PAGE 11 August 2010 Pelvic floor Ad_2010_02.indd 1 6/07/2010 1:01:37 p.m.
SNews ad Jul10_B&W_03.indd 1 9/07/2010 1:33:36 p.m. EDUCATION & TRAINING ADMINISTRATION
Specialist Training Program (STP) The STP provides funding to support accredited surgical training rotations beyond traditional public teaching hospitals
Simon Williams wealth funding in 2011. Of these, 17 applications Online Training in Goal Setting Chair, Board of Surgical Educa- could not be supported by the College, as the and Self-Assessment tion & Training FELLOWS IN THE NEWS training facilities did not submit an accredita- This project has been formed in response to tion application. All of the remaining 73 ap- the demand from Trainees, IMGs, and Super- here is growing recognition that spe- plications were supported by the College, and visors for the College to provide more online cialist training in Australia needs to 53 of these have been short-listed by the Com- learning resources. It will develop the resources adapt to changes in the way health care INTERNATIONAL DEVELOPMENT T monwealth to receive funding in 2011. Forty-five to improve knowledge and skills associated is delivered, as more services are now provided applications are for existing training positions with goal setting and self-assessment. outside the public sector. This has resulted in which had previously received funding in 2010, procedures either not being performed in the while the remaining eight applications are for Rural Career Coach/Advocate public sector or performed rarely, therefore new training positions commencing in 2011. This project is a package of career support and pas- depriving surgical Trainees of important learn- toral care designed to secure Trainees and IMGs ing experiences. To facilitate the expansion of Infrastructure Projects to Increase working in rural areas or contemplating a surgical training the Commonwealth Government has Doctors Progressing to Fellowship career in a rural area to commit to rural surgery. made funding available to create posts in the In addition to establishing specialist training private sector. positions, the STP also provides funding for Process Communication Model The College has signed an agreement with the development of infrastructure projects that (PCM) Workshops the Commonwealth Department of Health and support the expansion of training into non-tra- This project involves piloting two ‘Introduc- Ageing to engage in the Specialist Training Pro- ditional settings, particularly in rural areas, and tory PCM’ workshops to assess whether PCM gram (STP) Administration and Support Project. improve service delivery to Trainees and Inter- can assist rural surgeons to communicate bet- There are two components to this Project. national Medical Graduates (IMGs). The Com- ter with clinical colleagues, hospital adminis- monwealth has provided over $500,000 in fund- trators, and patients in order to improve mo- Assessment of Private Hospital ing for the College to develop and implement rale and performance. Posts for Surgical Training projects which meet these objectives and are The STP provides funding to support accred- achievable by the end of 2010 (the conclusion of Establish a Network of IMG ited surgical training rotations in an expanded the Project Period). A College Steering Commit- Surgical Educators/Coaches range of settings beyond traditional public tee, consisting of the Censor in Chief, the Treas- This project involves sourcing a network of teaching hospitals. The aim is to increase the urer and the Chair of the Professional Develop- Fellows to act as Surgical Educators/Coaches capacity of the health care sector to provide ment and Standards Board has approved seven for IMGs undergoing specialist assessment. It high quality training opportunities which pro- projects for implementation this year. will also include the development and delivery vide the required educational experiences for of a program for Surgical Educators/Coaches surgical Trainees. Train the Trainer -Introducing the including a background in the content of the Private hospitals may apply for Common- Non Technical Skills for Surgeons Fellowship Examination and methods used to wealth funding of up to $100,000 (excluding (NOTSS) System to Australia assess surgical competencies. GST) per FTE for each post. To be able to be con- This project is part of the suite of Supervi- sidered for funding, the post must be accredited sors and Trainers for Surgical Education and IMG Clinical Assessor & Mentor Workshop as suitable for training by the College, on the rec- Training (SAT SET) courses provided by the This project involves preparation and delivery ommendation of the relevant Specialty Training College for Supervisors and Trainers to en- of two half-day workshops to instruct and assist Board. The College makes an assessment of each hance their skills in teaching and assessing the Fellows involved in IMG and/or Area of Need post that has applied for funding and advises the non-technical competencies. specialist assessments. All seven proposals have Commonwealth regarding the suitability of the recently gained final approval and College staff potential post, including its accreditation status. Self-paced Online Learning are now working to implement the projects. The Surgical training positions funded under the STP Program in Anatomy current Agreement with the Commonwealth is are approved by the Department of Health and An@tomedia is an anatomy resource available in place up until the end of 2010, however, it is Ageing, the College and Jurisdictions and are to members of the College via the website as a hoped that further funding from the Common- therefore fully integrated with and complement reference, or to assist in their exam preparation. wealth will continue for future years. training at the major public teaching hospitals. This project has been developed in response For more information on PCM workshop The College recently assessed 90 applica- to the continuing concerns about the anatomy please contact the professsional development tions from training facilities seeking Common- knowledge of surgical Trainees. department on +613 9249 1106
[Surgical News] PAGE 12 August 2010 SURGICAL SERVICES
I procrastinated and Specialist Training Program (STP) “rushed out to buy the newspaper & read what it was that I had ‘said’xx geous. Suddenly I remembered media training” – why hadn’t I enrolled to do that workshop at the College? The Minister’s office rang – an urgent meet- ing was required. Alas I had a busy operating day ahead of me and the Minister’s availability was limited. Do I cancel my operating, thus compounding the situation I was “complain- ing about”? And did I really want to meet with the Minister today? I procrastinated and rushed out to buy the newspaper and read what it was that I had “said”. Describing elective surgery as the “soft underbelly” of the Health Service didn’t seem too bad to me and was in fact accurate. Chal- lenging the assumption that elective surgery equates with optional surgery was also in line with my everyday thinking. And blaming sur- geons for inadequate throughput when cancel- lations for admission due to lack of beds was Poison’d a daily occurrence was clearly missing the point. The sticking point was the Headline – Chalice “Surgeon accuses Minister”. The sub-editor responsible for the headline had landed me in the proverbial. And it wasn’t accurate – I knew My words fly up, my thoughts remain below: Words without the Minister wanted the Health system that thoughts never to heaven go.” Hamlet (III, iii, 100-103) he presided over to be the best, I knew that he went to Cabinet and Treasury and argued Professor U.R Kidding served but no story. So they wrote another story for more money. No, my divergence from the based on my comments of inadequate beds in Minister and other politicians was more sub- may have made a slight miscalculation to- the public hospital sector. It was not intended tle – constant side stepping to deflect criticism day, or rather yesterday. She was a rather at- as a criticism of the Minister, but the juxtaposi- and unrealistic promises to a voting public. On Itractive lass, a reporter with the major daily tion of his comments and mine clearly placed one hand telling them that they had the right newspaper. My comments were “off the record” us at odds. It might not have been so bad if it to access whatever they wished or required and or so I thought. I was wrong. hadn’t been an election year and as the CEO on the other, telling health care providers to cut My first inkling of the issue was the 6am pointed out, funding negotiations between the costs – sorry, achieve productivity increases! phone call was from the Chief Executive Of- Government and our health service were at a Of course the furore eventually blew over, ficer (CEO) – “Do you realise that you are the rather delicate point. but it did cause me to reflect on the power of page one story in the newspaper today!” As if She rang of course – my attractive contact, words and the role of the press in health care. to verify the veracity of this statement other to apologise. Her defence was that I had killed Alas, only bad news sells newspapers – the news outlets, radio and television stations were her article and she needed another one in a sensational, the medical mistake, etc. And wait- ringing at minutely intervals - no doubt hop- hurry. She would make it up to me (?). ing lists – perennially. But the press does catch ing for further sensationalism. The Shadow Health Minister rang to con- the attention of politicians. Unfortunately, I It had begun innocently enough. The news- gratulate me on my courage. I was reminded am not convinced that it motivates better out- paper had prepared an article on waiting list of the “Yes Minister” episode when Sir Hum- comes. More likely it creates a shoring up of manipulation by surgeons and hospitals. They phrey congratulates Jim Hackett on his cour- entrenched positions. Advocacy for improve- decided, at the last minute to “run the story age! – a comment which reduces poor Jim to ments requires the provision of positive op- by me” before publication. Alas I thought that a sniveling mess wondering what on earth he portunities rather than mere negative criticism. they had got it wrong – and said so. That killed has done. I wonder how the reporter plans to make the article, but now they had page one space re- What courage? I didn’t mean to be coura- it up to me… [Surgical News] PAGE 13 August 2010 TRAINEES ASSOCIATION
A Trainee Voice on College Council It is no secret that Trainees perceive the College as an intimidating organisation
Council? At 1200 members, the Trainee body the Council table. It is no secret that Trainees comprises a substantial portion of the College, perceive the College as an intimidating organi- and we certainly absorb a disproportionate share sation. However, having represented Trainees for Greg O’Grady of the College’s time, energy and attention. Surgi- three years in several roles within the College, Chair, RACSTA cal training in Australasia continues to undergo including now at the Council table, I have ob- he June meeting of the College Coun- change, and Trainee input is vitally important to served a very different reality, which is perhaps cil was a historic one for Trainees, be- ensure that the best decisions are made for train- lost on most Trainees. At every level and on Ting the first time that we have held a ing, and that transitions are managed well. every board within the College, you will find a voting position at the highest level of our Col- Accordingly, Trainees are increasingly being dedicated group of Fellows devoting substantial lege. This followed the successful change in looked to for leadership in managing the chal- time and energy pro bono, because they are pas- the College constitution at the Perth Annual lenges facing our training, especially with re- sionate advocates of Trainees and training. General Meeting this year, when the Chair of gard to modern generational issues, including While Trainees may not always agree with the RACSTA (Royal Australasian College of Sur- working hours, standards and flexible training. outcomes, there is no dispute that College deci- geons Trainees’ Association) was elected as a With Trainee representatives now established sions are made with the highest standards of fair- co-opted College councillor. in every specialty, region and level in our Col- ness, with a relentless focus on maintaining stand- This achievement represents a major mile- lege, RACSTA is ideally positioned to present ards, and with the Trainee body’s interests in mind. stone for RACSTA. Now nearing our fifth the perspective from the training coalface, and Overall, our College has much to gain from birthday, it is great to see how our Association’s to facilitate dialogue between the College and a Trainee voice on Council. Besides the insights profile has grown, earning the respect of the the Trainee body. So, Trainees, don’t hesitate to we can provide, I hope that the move to engage Fellowship, and the credibility to assume a sig- be in touch and contribute. Trainees at the highest level will further help to nificant role in the College leadership. Perhaps most important is the symbolism dissolve the perceived barriers between Train- What value does a Trainee voice bring to associated with a Trainee being able to vote at ees, the College and its Fellows.
The Sir Edward Huges memorial Clinical research Prize in Surgery 2010 is open to application by all surgical residents and registrars who have entered or intend entering an accredited surgical training program. For more information see page 4. PHOTOGRAPH COURTESY OF CELEBRATE WA
to Associate Professor Robert Pearce AM RFD WellASSOCIATE PROFESSOR PEARCEdone RECEIVED THE CELEBRATED WA CITIZEN OF THE YEAR, PROFESSIONS AWARD. Associate Professor Pearce is a highly qualified and experienced reconstructive plastic surgeon. He is currently a consultant plastic surgeon at Hollywood Private Hospital where he has had a private practice since 1975. A clinical lecturer in Surgery at the University of Western Australia and Clinical Associate Professor since 2007. He is also an Adjunct Associate Professor at Edith Cowan University and a foundation member of the Western Australian Melanoma Advisory Service. Mr Peter Mott, He is the Director of the Perth Melanoma Clinic which has treated Chief Executive over two thousand patients in WA. Officer, St John Robert exemplifies integrity and commitment to his patients. of God Hospital Murdoch and He inspires those under his guidance to maximise their potential. Associate Professor He always finds time for his students and patients and is happy to Robert Pearce. assist colleagues and friends at all times.
[Surgical News] PAGE 14 August 2010 professional development A Trainee Voice on College Council 2010 workshops
In 2010 the College is offering exciting new learning opportunities designed to support Fellows in many aspects of their professional lives. PD activities can assist you to strengthen your communication, business, leadership and management abilities.
AMA Impairment Guidelines Level 4/5: Difficult Cases (NEW) 19 August 2010, Sydney The American Medical Association (AMA) Impairment Guidelines inform practitioners as to the level of impairment suffered by patients and assist with decisions about a patient’s return to work. While the guidelines are extensive, they sometimes do not account for unusual or difficult cases that arise from time to time. This evening workshop professional provides surgeons with a forum to review their difficult cases, the problems they development encountered and the steps applied to resolve the issues. Proudly supported by eScheduler workshops DATES: JULY – OCTOBER 2010 Polishing Presentation Skills 20 August 2010, Darwin NSW Want to develop an attention grabbing presentation to deliver your message more 19 August Sydney effectively? Whether you are a beginner or an experienced presenter, join this whole day AMA Impairment Guidelines Level 4/5: Difficult Cases, workshop to advance your presentation skills. You will learn a step-by-step presentation 3 September, Sydney planning process and practical tips for delivering your message. It is equally applicable to Supervisors and Trainers for SET (SAT SET), presentation sessions in hospitals, conferences and international meetings. 29-31 October, Sydney Proudly supported by Kimberley-Clark Process Communication Model 19 November, Sydney Practice Made Perfect Occupational Medicine: Industry site visits 8 September 2010, Melbourne 14 October 2010, Adelaide 20 November, Sydney Writing Reports for Court This whole day workshop is a great opportunity to improve your business outcomes by developing your practice staff, giving them the tools for building strong practice processes. NT 19 August, Darwin They will learn about the six P’s of sound business and practice management; purpose, Polishing Presentation Skills, planning, promotion/marketing, people, performance and problem solving. Participants will take away a practical action plan to apply what they have learnt to their workplace. QLD Proudly supported by Health Communications Network 17 September, Sanctuary Cove Supervisors and Trainers for SET (SAT SET)
Surgical Teachers Course SA 21-23 October 2010, Adelaide 14 October, Adelaide Practice Made Perfect The Surgical Teachers Course, consisting of two and a half days of challenging and 21-23 October, Adelaide interactive activities, enhances the educational skills of surgeons responsible for the Surgical Teachers Course teaching and assessment of surgical trainees. Experienced faculty members employ a 17-19 November, Brisbane range of teaching techniques to deliver the curriculum including Adult Learning, Teaching Process Communication Model Technical Skills, Feedback and Assessment, Change and Leadership. VIC 8 September, Melbourne From the Flight Deck: Improving Team Performance Practice Made Perfect 29-30 October 2010, Melbourne 11 September, Melbourne This two-day workshop is facilitated by an experienced doctor and pilot. It examines the Supervisors and Trainers for SET (SAT SET) 25-26 September / 11 November, Melbourne lessons learned from the aviation industry and applies them to a medical environment. Preparation for Practice (see page 16) The program combines rigorous analysis of actual airline accidents and medical incident 29-30 October case studies with group discussions and an opportunity to use a full-motion airline From the Flight Deck training flight simulator. You will learn more about human error and how to improve 12 November, Melbourne individual and team performance. Occupational Medicine: Industry site visits Proudly supported by Kimberly-Clark 13 November, Melbourne Communication Skills for Cancer Clinicians 19-21 November, Melbourne Leadership in a Climate of Change
Further Information: Please contact the Professional Development WA Department on +61 3 9249 1106, by email [email protected] 20 October, Perth Supervisors and Trainers for SET (SAT SET) or visit the website at www.surgeons.org - select Fellows then click on Professional Development.
[Surgical News] PAGE 15 August 2010 EDSA CORNER Does your Rigid Sigmoidoscope meet TGA Guidelines? Code of Conduct Breaches The College will not process or investigate anonymous claims
FELLOWS IN THE NEWS John Quinn tions of such matters may come to the College The MBA has formally announced that Executive Director of Surgical Affairs from various sources ranging from patients (or they will not identify “whistleblowers”, but their relatives), nurses or other hospital staff, or will not look kindly on malicious claims. It ollowing formalisation of how the Col- doctors from all levels. However, if notifications should be noted that the MBA has regulatory INTERNATIONAL DEVELOPMENT lege deals with breaches of the Code of are anonymous they will lapse. Nevertheless if and registration powers. It can deregister, place FConduct, there have been a number of a complaint is made then the identity of the conditions on practice and control doctors’ notifications of potential breaches. These have notifier will not be circulated or made known, performance and practice overall. The College been investigated and whilst some have result- but the issue concerned will be followed up has no such regulatory authority. However, it ed in requests to sign a statutory declaration to and proceed in the normal way. may rescind Fellowship for serious breaches An agree to abide by the Code of Conduct, others Of note also is the commencement of the of the Code of Conduct and is bound by the eASy-TO-uSe have been dismissed. Medical Board of Australia (MBA) as the regu- regulations of the MBA concerning mandatory pATenTeD Recently a notification of a potential breach latory authority in Australia and as part of that, reporting of surgeons if practice is dangerous AuSTrAliAn inVenTiOn of the Code of Conduct was received making the legal requirement to notify to the MBA if or harmful to patients. very serious allegations against a Trainee. The doctors know, or ought to know, actions or be- The landscape with respect to monitor- TM Trainee was named, but the notification was haviours whereby doctors endanger patients ing of practice is changing in line with com- SafeScope eliminates the risk of cross-contamination anonymous. The College will not process or or break the medical practice code of conduct munity expectations. However, whilst those TM investigate such anonymous claims no matter (more generic, but essentially the same as the notifying genuine concerns will be protect- SafeScope is the first completely closed rigid sigmoidoscope system which eliminates the how serious. College Code of Conduct). However, there ed, those who make malicious or vexatious risk of cross-contamination from the bellows or light source head. The unique Coupling One of the concerns in this process has are some exemptions which may be viewed complaints will not be so treated. Those Device Adaptor ensures the light-source head is physically separated from the scope shaft, been around malicious, vexatious or frivolous at www.ahpra.gov.au/en/Health-Professions/ who make anonymous complaints will be removing the need to sterilise the light source head after each procedure. SafeScopeTM complaints. This is always a danger as notifica- Medical.aspx ignored. addresses safety alerts surrounding cross-contamination/sterilisation as outlined in the Optical Coupling Device TGA guidelines, as well as guidelines in Australian/New Zealand Standard No. 4187 2003. (TGA Bulletins No.29, Apr 2006; No.28, Oct 1995)
features benefits
Sealed at one end, no gas transmitted to Optical coupling device ROOMS WITH STYLE coming soon contaminate bellows and light source. Visible markings on a Provides easily visible markings starting at 5cm Easily visible markings Preparation For Practice clear scope shaft from the tip. 25-26 September 2010, Melbourne Disposable, integrated bulb & tubing Easy inflation. Scope and bulb all disposable. A ONE STOP SHOP OF The Preparation for Practice workshop aims to provide Scope shaft is slightly smaller in PRACTICE SERVICES! Fellows with information and practical skills for setting Easy insertion. High quality optics. up private practice. The workshop is being convened by diameter than most existing products We Provide the Younger Fellows Committee in partnership with the Tear-down poly bag Doubles as disposable bag for after use. – Marketing Victorian Regional Committee. Disposable bulb & tubing – Renovation Project Management LOCATION: College of Surgeons, Spring Street – Practice Management REGISTRATION FEE: $137.50 AUD – HR & Recruitment TIME: 8.30am – 5.30pm, Sat / 8.30am – 2.30pm, Sun – Legal & IR Advice Please contact the PDD on +61 3 9249 1106, – Ergonomic & OHS Work by email [email protected] Plantinum sponsor - Direct Control For Your free Consultation Gold Sponsor – Ramsay Health Care, Bongionro 1300 073 239 or [email protected] & Partners and Rooms with style FOR MORE inFORMATiOn OR TO plACE An ORDER COnTACT MED-ChEM SuRGiCAl TODAy. tel 02 9699 6460 fax 02 9699 6494 toll free 1800 888 090 web www.safescope.com.au [Surgical News] PAGE 16 August 2010 Does your Rigid Sigmoidoscope meet TGA Guidelines? Code of Conduct Breaches
An eASy-TO-uSe pATenTeD AuSTrAliAn inVenTiOn SafeScopeTM eliminates the risk of cross-contamination SafeScopeTM is the first completely closed rigid sigmoidoscope system which eliminates the risk of cross-contamination from the bellows or light source head. The unique Coupling Device Adaptor ensures the light-source head is physically separated from the scope shaft, removing the need to sterilise the light source head after each procedure. SafeScopeTM addresses safety alerts surrounding cross-contamination/sterilisation as outlined in the Optical Coupling Device TGA guidelines, as well as guidelines in Australian/New Zealand Standard No. 4187 2003. (TGA Bulletins No.29, Apr 2006; No.28, Oct 1995)
features benefits
Sealed at one end, no gas transmitted to Optical coupling device contaminate bellows and light source.
Visible markings on a Provides easily visible markings starting at 5cm Easily visible markings clear scope shaft from the tip.
Disposable, integrated bulb & tubing Easy inflation. Scope and bulb all disposable.
Scope shaft is slightly smaller in Easy insertion. High quality optics. diameter than most existing products
Tear-down poly bag Doubles as disposable bag for after use. Disposable bulb & tubing
FOR MORE inFORMATiOn OR TO plACE An ORDER COnTACT MED-ChEM SuRGiCAl TODAy. tel 02 9699 6460 fax 02 9699 6494 toll free 1800 888 090 web www.safescope.com.au YOUNGER FELLOWS 2 011 Huntingdale Beach at sunset, California Professional Development Opportunities
FELLOWS IN THE NEWS
INTERNATIONAL DEVELOPMENT
It’s time to start planning for 2011 to ensure you get your application in on time.
Steven Leibman the College and Association for Academic in Adelaide with Robert Whitfield, a recent Chair, Younger Fellows Committee Surgery (AAS). Younger Fellow. The purpose for this exchange is to provide The Forum is a channel for extensive dis- Covidien Travelling Fellowship professional development for a Younger Fellow, cussion on ‘hot College topics’ and a chance to Educational Grant, 2011 particularly in relationship to leadership. The relax and network with your colleagues. With Younger Fellows face many challenges when goal is to promote an exchange of ideas and both convenors’ enthusiasm and input from undertaking post Fellowship studies or train- possible solutions for common issues affecting the Younger Fellows Committee, I am sure this ing. The Younger Fellows Committee in part- Younger Fellows in both organisations. It also unique opportunity to share ideas and experi- nership with Covidien offers two Travelling aims to identify opportunities for our Younger ences will affect your professional and personal Scholarships annually which can help to offset Fellows to access International Clinical Fellow lives. Applications are open from 1 September the cost of studying overseas. You are eligible positions in the United States. to 1 December 2010. to apply if you are planning to train overseas The Exchange covers airfares, accommo- within the next 12 months, but returning to dation, transfers and conference attendance Australasia to practice. Applications will be ac- expenses for the College representative. Inter- cepted from 1 August – 30 September 2010. ested Fellows are encouraged to apply from 1 September to 30 September 2010. Younger Fellows Leadership Exchange: AAS Academic Younger Fellows Forum, 30 April Surgical Congress, 1-3 February – 1 May 2011, Adelaide SA 2011, Huntington Beach Last, but not least, I am pleased to inform all If you have any further inquiries California Younger Fellows that the development of the or require more information, I am sure that you would have read Richard program for 2011 Younger Fellows Forum is please contact the Younger Hanney’s article in previous Surgical News is- well underway. Christine Lai, the South Aus- Fellows Secretariat at Younger. sue about his experiences in America as a del- tralian/Northern Territory representative [email protected] or on egate for the Leadership Exchange between on the Committee, will convene the Forum +61 3 9249 1122. [Surgical News] PAGE 18 August 2010
for Younger Fellows EDUCATION
A new resource for learning anatomy
An@tomedia, a new resource for learning anatomy in a clinical context, is now available to Fellows and Trainees via the web
it as a “fresh approach to anatomy” and as a “dissection-based learning resource” which, whilst not a substitute for dissection experiences, pro- vides medical students and surgical Trainees with access to multi-layered information through which they can learn to understand and appreciate the complexity of the human body. An@tomedia has received highly sought awards in Australia and overseas. These include awards for their conception and development as a teaching and learning package as well as the quality of the images and as a multi-media resource. As it is now available on the College website, the on-line application is a comprehensive, self-paced learning program that explores anatomy from four perspectives. These perspectives teach how the body is con- structed (regions and systems) and how to analyse and visualise the body (with dissection and imaging techniques). The user can navigate between these four different perspectives: REGIONS: includes surface and functional anatomy SYSTEMS: includes conceptual and clinical anatomy DISSECTION: includes practical procedures and post-mortem IMAGING: includes sectional and endoscopic anatomy. So far six of the planned nine modules have been completed. They are: general anatomy; back; abdomen; thorax; pelvis; and upper limb. The other three – lower limb, head and neck – are currently in different stages of de- Mark Edwards velopment. The lower limb module being scheduled to be released this year. Censor-in-Chief Each module provides: – detailed serial dissections of real human bodies he development of this learning resource – originally published – coloured overlays of individual structures in text format – has taken many years of detailed work by Associ- – multiple perspectives to explore anatomy and compare Tate Professor Norm Eizenberg and his team. Beginning in 1988 – flexibility for each individual to choose their own approach, rate, with the development of a new program for teaching anatomy at Mel- sequence and depth of learning bourne University, Norm aimed to put together a program that would – interactive text, labels and clinical questions encourage his students to develop an understanding of anatomical prin- – new concepts in anatomy and relevant clinical applications ciples which could be utilised in future clinical contexts. – capacity to “build” systems, “map” regions, “dissect” layers and Through researching the education literature of the time, plus evalua- “trace” images tion feedback from his students, he recognised the limitations of using a – a self learning resource with a solid educational basis, and textbook as a learning resource. By 1991, he had begun to prepare his first – a simple and consistent navigation system. CD-ROM. More recently his materials have been made available on-line. For many years Norm has been a member of the Anatomy Com- Throughout development, the critical design factors in the content mittee, the group which has been responsible for preparing the anatomy and organisation of an@tomedia is that the linking between anatomical component of the basic sciences examination for Basic Surgical Train- details and clinical perspective has been extended and enhanced. This ing and, more recently, for the generic component of the early Surgical has been done by the use of: Education Training examinations. He is currently Associate Professor in – high quality images (e.g., radiographs, detailed dissection images the Centre of Human Anatomy Education at Monash University, Adjunct from real human bodies, and graphics with coloured overlays highlight- Professor of Anatomy at the University of Notre Dame and Honorary As- ing key anatomical details), sociate Professor at the University of Melbourne. – integration of clinical questions and answers, and Norm has kindly offered to work with College educational advisors, – the facility for the student to examine anatomical concepts from mul- and the Speciality Boards, to further enhance the learning and teaching tiple perspectives using multiple pathways. of anatomy, avoiding rote learning and guiding Trainees to employ a clin- In the ANZ Journal of Surgery 2006 (76; 709) Peter Field described ical, deep approach to their learning.
[Surgical News] PAGE 19 August 2010 LAW COMMENTARY
Protection of College intellectual property
FELLOWS IN THE NEWS
INTERNATIONAL DEVELOPMENT Michael Gorton College Solicitor
n years gone by, medical colleges have freely shared educational materials without re- Igard to security and ownership. They were simpler times. Today, the educational environ- ment is more complex and the need to protect the creative work of the College has assumed greater significance. “Competition” from uni- versities, government and the private sector has increased. The College’s intellectual property (IP) has greater value and commercial appeal. The College now has a sophisticated IP Policy dealing with contributions from College staff, College communities, individual Fellows and the Specialist Surgical Societies. The fact that the College operates a bi-na- tional training program, and the fact that the College is answerable to the Australian Medi- ership are therefore less clear. However, the cur- responsible for the development of curriculum, cal Council, the Medical Board of Australia and rent IP Policy of the College makes it clear that instruction and assessment in the Specialty for government generally, necessitates the need for the College is either the owner of, or is entitled approval by the College in accordance with the the College to have control of its intellectual to use, all intellectual property rights relating Statement of Principles”. property relating to the training program. This to education and training materials. The MoU repeats the Statement of Princi- intellectual property is within all our educa- ples, including that “the College and the Soci- tional material including curriculum, policies, Intellectual Property Rights ety will respect each other’s autonomy”. processes and all types of assessment. At law generally, ownership of copyright vests Clause 10 of the MoU confirms that “The The College has developed a number of with the creator. In the first instance, this is the Society will be responsible, through the Col- policies dealing with intellectual property particular individual who has created the ma- lege, for the development of agreed programs rights in materials created by and for the Col- terial; although if they did so as an employee, in education, training and standards of prac- lege. The latest College Intellectual Property then ownership will vest in their employer. tice, health policy and any other agreed areas in Policy has been well circulated, and forms the relation to training and education ...” basis of the relationship between the College College Contractual 2. The Service Agreement between College and the Specialist Surgical Societies. Arrangements and the Societies also reflects the philosophy of In the past, the College (and the Societies) Intellectual property rights are also governed the MoU and, in particular, provides: have been less clear about intellectual property by contractual arrangements:- 2.1 that the “Material relevant to the Training rights, and the division of ownership. Some of 1. Under the Memorandum of Understand- Program owned by the College at the time of en- the material is clearly created by employees of ing (MoU) between College and the Specialist tering this Contract remains vested in the College” the College or the Specialty Societies, and vests Surgical Societies, the College is the principal 2.2 that the “Material relevant to the Training with their employer. Some material is created body for training and education (including Program owned by the Society at the time of by Fellows, potentially as representatives of the continuing education) of surgeons in Australia entering this contract remains vested in the College and/or the Societies, and issues of own- and New Zealand. The Societies are “the agent Society” [Surgical News] PAGE 20 August 2010 The fact that the College operates a bi-national training “ program, and the fact that the College is answerable Protection of College intellectual property to the Australian Medical Council, the Medical Board of Australia and government generally, necessitates the need for the College to have control of its intellectual property relating to the training program.”xx
2.3 that ownership of intellectual property in through the College itself, or through the Soci- College’s Power To License material (being material created pursuant to ety, provide pro-bono assistance and input into The College is able to sub-license the intellec- the contract) shall vest in the party or parties a range of work produced by the College. This tual property rights in its training and educa- responsible for its creation, unless otherwise work includes the development of curricula, tion materials, including curriculum materials, agreed expressly in writing; policies, position statements and the develop- to others involved in the training program in 2.4 that each party in whom intellectual ment of other educational assessment material. Australia and New Zealand. The College has a property vests grants to the other party a per- 3.3 Work provided under the umbrella of the general right to “sub-license” in connection with petual, royalty free, irrevocable and licence fee College means that the College (and where the College’s training and education activities. free, non-exclusive licence (including the right agreed and appropriate, the Society) has a right to sub-license on the same terms) to use, copy, to publish and use these materials as required, Conclusion modify and exploit such Intellectual Property provided such use is within the parameters Accordingly, the College’s need to ensure that in Australia and New Zealand for the purpose defined by its key direction statement and the it has control of its intellectual property rights of this Contract, and for the ongoing training values and in accordance with its other agree- in its training and education materials, is fully and education activities of the other party, or as ments with the Society. supported by the contractual arrangements otherwise agreed. This includes work developed by Fellows of currently in place. 3. As an annexure to the Service Agreement, the College working within their Society when Fellows can access the College IP Policy the College’s Policy on intellectual property is such work is developed under the direction of, on the College website (www.surgeons.org). It included as applicable to the contractual ar- or when acting specifically as an agent of, the is reassuring that the College has taken these rangements between the parties. In that policy: College. Such work is described as being for the steps to ensure that its educational and train- 3.1. The College acknowledges that the Soci- College, and therefore owned by the College. ing materials are protected, and appropriately ety may wish to express and develop its own The position is that both the Fellows who are available to all of those involved in the Col- position or policies relating to its own intel- develop educational material, and the Society in lege’s important role of training and education lectual policy. This policy is expressed to deal the development of educational material, act as in Australia. with the College’s intellectual property. agents for the College in that development and Michael Gorton is a principal at Russell 3.2 It provides that Fellows of the College, such material therefore belongs to the College. Kennedy Solicitors
Design &