Contemporary Challenges regarding Informed Consent (Doc)
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Added on 2020-05-16
Contemporary Challenges regarding Informed Consent (Doc)
Added on 2020-05-16
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Running head: CONTEMPORARY CHALLENGES IN INFORMED CONSENT: NO JAB NOPAY POLICY LEGISLATION (AUSTRALIA)Contemporary challenges in informed consent: No jab no pay policy legislation (Australia)Name of the StudentName of the UniversityAuthor Notes
1CONTEMPORARY CHALLENGES IN INFORMED CONSENT: NO JAB NO PAY POLICY LEGISLATION (AUSTRALIA)Executive SummaryThis report provides an analysis of the No Jab No Pay policy according to which children shouldbe completely immunized and their immunization records should be up to date in order for theirfamilies to obtain tax payment and child care benefits. This legislation has increased the rates ofimmunizations in Australia. However, the legislation has its fair share of loop holes and due tothis the individuals belonging to the lower socio-economic strata and the migrant populations areexempted from their rights of obtaining benefits even though their children are immunized. Thisis because they their records are not up to date with the ACIR. Moreover, the individuals of poorsocio-economic status are unable to access the healthcare services and as a result are exemptedfrom the benefits. Keeping in mind the above problems, it is necessary to bring about reforms inthe legislation that would help to provide increased access and also prevent unfair exemption ofthe migrants from obtaining their rightful benefits. Moreover, the forceful vaccination ofindividuals do not follow the law associated with obtaining valid consent from patients. Thus, thelegislation should also ensure that the fundamental rights of the citizens are maintained byobtaining legal consent before delivery of services.
2CONTEMPORARY CHALLENGES IN INFORMED CONSENT: NO JAB NO PAY POLICY LEGISLATION (AUSTRALIA)Table of ContentsIntroduction......................................................................................................................................3Literature Review............................................................................................................................5Discussion......................................................................................................................................13Conclusion.....................................................................................................................................16Reference List................................................................................................................................17
3CONTEMPORARY CHALLENGES IN INFORMED CONSENT: NO JAB NO PAY POLICY LEGISLATION (AUSTRALIA)IntroductionThe Australian Government’s No Jab No Pay policy that applies at the national level isassociated with full vaccination of children with the use of vaccines that have been listed on theNational Immunization Program or NIP1. According to the policy, parents will be eligible toreceive Family tax benefit Part A end of year supplement, child care rebate and child care benefitif their children who are below 20 years of age have been assessed to be fully immunized. Noparent can object to the vaccinations and are mandatory for all in order to obtain the benefits2.The aim of such a policy was to reinforce the importance associated with the benefits ofimmunizations. Moreover, it was also associated with increasing and promoting public health,particularly the health of the children3. These benefits will be provided to only the citizens ofAustralia or those who hold a permanent visa, temporary visas or special category related visas.Moreover, the benefits will also be applicable for offshore humanitarians holding a permanentvisa4. The immunization status of the children is determined by the assessment of the AustralianChildhood Immunization Register or ACIR, which is connected with the Medicare services ofthe country5. This law was necessary due to the cases of child deaths below the age of 5 years1 Immunise.health.gov.au,Immunise - National Immunisation Program Schedule (From November 2016)(2018)Immunise.health.gov.au <http://www.immunise.health.gov.au/internet/immunise/publishing.nsf/Content/national-immunisation-program-schedule>2 Immunise.health.gov.au, (2018) Immunise.health.gov.au <http://www.immunise.health.gov.au/internet/immunise/publishing.nsf/Content/67D8681A67167949CA257E2E000EE07D/$File/No-Jab-No-Pay-FSheet.pdf>3 Para-legal.org.au,No Jab, No Pay/Play Challenge. – Australian Paralegal Foundation(2018) Para-legal.org.au<http://para-legal.org.au/no-jab-no-payplay-challenge/>4Sahealth.sa.gov.au,Cite A Website - Cite This For Me(2018) Sahealth.sa.gov.au<http://www.sahealth.sa.gov.au/wps/wcm/connect/ec0d23004282f52a8cadccc1a92b467d/STTP+September+2017+final++.pdf?MOD=AJPERES&CACHEID=ROOTWORKSPACE-ec0d23004282f52a8cadccc1a92b467d-lVlIQ-S>5 Health.gov.au,Department Of Health | Immunisation Coverage Annual Report, 2014(2018) Health.gov.au <http://www.health.gov.au/internet/main/publishing.nsf/content/cda-cdi4101j.htm>
4CONTEMPORARY CHALLENGES IN INFORMED CONSENT: NO JAB NO PAY POLICY LEGISLATION (AUSTRALIA)resulting from various vaccine preventable diseases. Some of the vaccine preventable diseaseaffecting the Australian children, thereby resulting in their deaths are influenza, invasivemeningococcal infection, Pertusis, Pneumococcal septicaemia, meningititis and pneumonia6.Some regions of the Australian subcontinent like Woonona located in New South Wales andBroome located in Western Australia showed immunization rates of 99.5 and 99.2%,respectively. However, other regions like the central business district of Sydney and Burnwoodlocated in New South Wales showed immunization rates of only 70.5 and 72.8%, respectively.These immunization rates were observed in the year 2015-20167. Thus, the research question is whether No Jab No Pay policy follows the rules ofinformed consent and the associated challenges. The question stems from the fact that althoughthis policy has increased the rate of immunization in the Australian sub-continent but still thereare issues regarding the migrant or refugee populations and also the fact that it violates the rightof informed consent8. Thus, this report provides a literature review and also provides adiscussion of the advantages and disadvantages of the No Jab No Pay policy in order to come toa conclusion and also to address the research question. Literature ReviewThis section consists of the review of the literatures dealing with immunization and theNo Jab No Pay policy9. The most important problem associated with this legislation is the6Apps.who.int,(2018)Apps.who.int<http://apps.who.int/iris/bitstream/10665/75835/1/WHO_IVB_12.08_eng.pdf>7 ABC News, "Immunisation Rates For Children As Low As 70Pc In Some Australian Suburbs: Report", 2018<http://www.abc.net.au/news/2017-06-08/immunisation-rates-among-children-still-below-national-target/8600680>8 Rawlinson, Paddy, "Immunity And Impunity: Corruption In The State-Pharma Nexus" (2017) 6(4)InternationalJournal for Crime, Justice and Social Democracy9Social Services Legislation Amendment (No Jab, No Pay) Bill 20152015
5CONTEMPORARY CHALLENGES IN INFORMED CONSENT: NO JAB NO PAY POLICY LEGISLATION (AUSTRALIA)challenges associated with informed consent. Informed consent is associated with legal andethical requirements involving human participants. Informed consent is associated with astatement of the procedure, duration, description of any risks associated with the procedure,description of benefits associated, information of remuneration or compensation if required andvoluntary participation, which can even result in withdrawal from the practice without anysubsequent penalties on the participants10. Some of the challenges of informed consent isassociated with the presence of language barriers. Misunderstandings can result from inadequateor incorrect language translations. Individuals give consent without being fully aware of theprocedure, which can result in severe consequences and even results in withdrawal. Otherchallenges of informed consent involve religious influences, false expectations,patientperceptions, research involving children, vulnerable groups of people, among others.Religiousbeliefs also play an important role in deciding whether to participate in the trial or not. Manytimes the methodology associated with the procedure results in conflicts due to the rules set byreligion. False expectations arise due to previous historical evidences that have shown theinefficiencies of a particular program, which in turn results in patient refusal. Patient perceptionswith respect to side effects or the occurrence of adverse events prevents patients fromparticipating in research trials or vaccination programs. With respect to involvement of children,permissions are required to be obtained from parents or guardians. Vulnerable groups and peopleinvolve individuals who are unable to protect their interests and in turn results in difficulties inobtaining informed consent. These could include individuals like those with learning disabilitiesor individuals like refugees or migrants11. 10 Mackey, A., & Gass, S. M. (2015).Second language research: Methodology and design. Routledge.11 Musmade, PrashantB et al, "Informed Consent: Issues And Challenges" (2013) 4(3)Journal of AdvancedPharmaceutical Technology & Research
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