Why Australian Federal Court Ruled Against Disability Support Workers Doing Registered Nurses Work!

https://intensivecareathome.com/why-australian-federal-court-ruled-against-disability-support-workers-doing-registered-nurses-work/

Why Australian Federal Court Ruled Against Disability Support Workers Doing Registered Nurses Work!

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Hi, it’s Patrik Hutzel from intensivecareathome.com where we provide tailor-made solutions for long-term ventilated adults and children with tracheostomies and where we also provide tailor-made solutions for hospitals and intensive care units whilst providing quality services for long-term ventilated adults and children with tracheostomies, also otherwise medically complex adults and children at home, including Home BIPAP (bilevel positive airway pressure), Home CPAP (continuous positive airway pressure), home tracheostomy care when adults and children are not ventilated, also Home TPN (Total Parenteral Nutrition). We also provide IV potassium, IV magnesium infusions at home as well as IV antibiotic infusions at home. We also provide port management, central line management, PICC (Peripherally Inserted Central Catheter) line management, Hickman’s line management, as well as palliative care services at home, and that also includes ventilation weaning at home.

We also have provided an emergency department (ED) bypass service as part of a successful tender for the Western Sydney Local Area Health District, the in-touch service where we send our critical care nurses into the home to keep patients out of the emergency department. So, it’s gone now beyond Intensive Care at Home, it’s also now emergency department at home.

So, in today’s blog, I want to talk about a court case that I found out recently in regards to the NDIS being unlawful of trying to delegate registered nurse work to disability support workers. So, the court case is actually from November 2022. Basically, what the background of the court case is that the NDIS wanted to approve a NDIS plan for some NDIS (National Disability Insurance Scheme) participants where they wanted to let disability support workers do registered nurse work. That is like flying the airplane with a cabin crew instead of the pilot.

Now, obviously, the NDIS tribunal ruled in favor of the participants saying, “No, a disability support worker cannot be delegated registered nurse work to them.” The work that the NDIS was trying to delegate and fund was PEG (Percutaneous Endoscopic gastrostomy) tube management, pressure area care, also medication management, including insulin management. So, reasonably low acuity in the bigger scheme of things and they’ve definitely general registered nurse work. Clearly, the Federal Court said, “Well, the tribunal has made the right decision and ruled in favor of the NDIS participants’ case.” Saying, “Well, the NDIS needs to fund registered nurses and not disability support workers.”

Now, here is more context around what we do with Intensive Care at Home and how that ties in here. With Intensive Care at Home, obviously with us sending intensive care nurses into the home for predominantly long-term ventilated adults and children with tracheostomy, the NDIS and other funding bodies at times are trying to delegate intensive care nursing work to disability support workers. That is a recipe for absolute disaster, and patients have died because of it. And finally, the courts have acknowledged that this decision would never be questioned in a hospital. In a hospital, it’s always registered nurses, very little work can be delegated to disability support workers or support workers in a hospital.

Continue reading at: https://intensivecareathome.com/why-australian-federal-court-ruled-against-disability-support-workers-doing-registered-nurses-work/