Statement of Principles concerning periodontitis No. 2 of 2002

Administered by Department of Veterans' Affairs

Legislation au F2005B02078 Not in force Legislative Instrument

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Instrument No.2 of 2002

 

Revocation

of

Statement of Principles

concerning

 

INFLAMMATORY PERIODONTAL DISEASE

and

Determination

of

Statement of Principles

concerning

 

PERIODONTITIS

 

ICD-10-AM CODES: K04.4, K04.5, K05.2, K05.3, K05.4

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.369 of 1995; and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about periodontitis and death from periodontitis.

 

(b)              For the purposes of this Statement of Principles, “periodontitis” means an inflammatory disease of the bony and ligamentous supporting tissues of the teeth, accompanied by destruction of the periodontal ligament or alveolar bone, attracting ICD-10-AM code K04.4, K04.5, K05.2, K05.3 or K05.4.  This definition includes acute periodontitis, chronic periodontitis, necrotising periodontitis, aggressive periodontitis and early-onset periodontitis but excludes gingivitis.

 

Basis for determining the factors

3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that periodontitis and death from periodontitis can be related to relevant service rendered by veterans or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factors that must exist before it can be said that, on the balance of probabilities, periodontitis or death from periodontitis is connected with the circumstances of a person’s relevant service are:

 

(a)              suffering from gingivitis at the time of the clinical onset of periodontitis, where the periodontitis has occurred adjacent to the gingivitis; or

 

(b)              smoking at least 20 cigarettes per day or the equivalent thereof in other tobacco products for a period of at least 15 years before the clinical onset of periodontitis, and where smoking has ceased the clinical onset has occurred within five years of cessation; or

 

(c)              suffering from diabetes mellitus at the time of the clinical onset of periodontitis; or

 

(d)              suffering from a severe nutritional deficiency at the time of the clinical onset of periodontitis; or

 

(e)              being infected with human immunodeficiency virus (HIV) at the time of the clinical onset of periodontitis; or

 

(f)               suffering from dental pulp disease of a tooth in the affected region of the periodontium at the time of the clinical onset of periodontitis; or

 

(g)              for periodontal abscess only,

 

(i)                having a microscopic or macroscopic foreign body embedded in the affected region of the periodontium at the time of the clinical onset of periodontitis; or

 

(ii)             suffering penetrating trauma (including surgery or open fracture) to the affected region of the periodontium within the seven days before the clinical onset of periodontitis; or

 

(h)              suffering from gingivitis at the time of the clinical worsening of periodontitis, where the periodontitis has occurred adjacent to the gingivitis; or

 

(i)                suffering from diabetes mellitus at the time of the clinical worsening of periodontitis; or

 

(j)                being infected with human immunodeficiency virus (HIV) at the time of the clinical worsening of periodontitis; or

 

(k)              suffering from dental pulp disease of a tooth in the affected region of the periodontium at the time of the clinical worsening of periodontitis; or

 

(l)                for periodontal abscess only,

 

(i)                having a microscopic or macroscopic foreign body embedded in the affected region of the periodontium at the time of the clinical worsening of periodontitis; or

 

(ii)             suffering penetrating trauma (including surgery or open fracture) to the affected region of the periodontium within the seven days before the clinical worsening of periodontitis; or

 

(m)           inability to obtain appropriate clinical management for periodontitis.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(h) to 5(m) apply only to material contribution to, or aggravation of, periodontitis where the person’s periodontitis was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

 

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8. For the purposes of this Statement of Principles:

 

“cigarettes per day or the equivalent thereof, in other tobacco products” means either cigarettes, pipe tobacco or cigars, alone or in any combination where one tailor made cigarette approximates one gram of tobacco; or one gram of cigar, pipe or other smoking tobacco by weight;

 

“death from periodontitis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s periodontitis;

 

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“periodontal abscess” means a rapidly developing, destructive inflammatory disease with local accumulation of pus within the bony and ligamentous supporting structures of the teeth;

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b)              defence service (other than hazardous service);

 

“suffering from a severe nutritional deficiency” means suffering from scurvy or having clinical or biochemical evidence of a severe protein-energy malnutrition due to starvation, being a prisoner of war, systemic disease or chronic gastrointestinal malabsorption;

 


“terminal event” means the proximate or ultimate cause of death and includes:

 

(a) pneumonia;

(b) respiratory failure;

(c) cardiac arrest;

(d) circulatory failure; or

(e)              cessation of brain function.

 

Application

9. This Instrument applies to all matters to which section 120B of the Act applies.

 

 

Dated this  Ninth day of  January 2002

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

 

KEN DONALD

CHAIRMAN

Overview

The Veterans’ Entitlements Act 1986, enacted by the Australian Parliament, provides a framework for entitlements and benefits for veterans and members of the Australian Defence Force. This Act addresses the need to establish clear guidelines for the recognition of service-related injuries, diseases, and deaths. The Repatriation Medical Authority, under the authority conferred by the Act, issued Instrument No.2 of 2002, which revokes the previous Statement of Principles concerning Inflammatory Periodontal Disease and determines a new Statement of Principles concerning Periodontitis. This legislative instrument clarifies the medical-scientific evidence and specific factors that must be considered when assessing claims related to periodontitis and death from periodontitis, ensuring that veterans can receive appropriate recognition and benefits for their service-related health conditions.

Scope and Application

The legislative instrument under the Veterans’ Entitlements Act 1986, specifically Instrument No.2 of 2002, addresses the revocation of a previous statement of principles concerning inflammatory periodontal disease and the determination of a new statement of principles concerning periodontitis. This instrument applies to all matters governed by section 120B of the Act, which includes veterans and members of the Australian Defence Force who may be eligible for benefits related to injuries, diseases, or death. The instrument outlines a specific definition of periodontitis, detailing it as an inflammatory disease affecting the supporting structures of the teeth, and specifies the relevant ICD-10-AM codes for identification. It establishes that periodontitis and death from periodontitis can be related to relevant service rendered by veterans, subject to the presence of specific factors that must be connected to the service. These factors include conditions such as gingivitis, smoking, diabetes, severe nutritional deficiencies, HIV infection, dental pulp disease, and certain types of trauma. The instrument also clarifies that certain factors only apply to material contribution or aggravation of periodontitis when it was suffered or contracted before or during service. The instrument further specifies that other statements of principles concerning related injuries or diseases will apply as per their terms, and it provides definitions for various terms used within the instrument to ensure clarity and consistency in application.

Key Provisions

The key provisions of this legislative instrument concern the revocation and determination of Statements of Principles regarding inflammatory periodontal disease and periodontitis under the Veterans’ Entitlements Act 1986 (the Act). Specifically, the Repatriation Medical Authority revokes Instrument No.369 of 1995 and establishes a new Statement of Principles concerning periodontitis and death from periodontitis (section 1). The legislative instrument provides a detailed definition of periodontitis, including the types it encompasses and excludes, and outlines the factors that must be present for periodontitis or death from periodontitis to be considered related to a veteran's service (sections 2 and 5). Under the Act, the Repatriation Medical Authority has the responsibility to determine the factors that must be related to a veteran’s relevant service for periodontitis or death from periodontitis to be considered connected to that service. This includes specific conditions such as suffering from gingivitis, smoking, diabetes mellitus, severe nutritional deficiency, HIV infection, dental pulp disease, or certain types of trauma at the time of the clinical onset or worsening of periodontitis (sections 4 and 5). The instrument also details the factors that apply only to material contribution or aggravation of periodontitis, particularly when the periodontitis was suffered or contracted before or during service (section 6). The obligations imposed by this Act on veterans or their representatives include providing evidence of the specified factors related to their service, such as medical records or other documentation that demonstrates the presence of the factors at the time of clinical onset or worsening of periodontitis. This ensures that the connection between the veteran's service and their condition is substantiated. Furthermore, the Act mandates that if a relevant factor includes an injury or disease for which there is an existing Statement of Principles, those factors must also apply in accordance with the terms of that Statement (section 7). Failure to comply with the requirements of this Act may result in civil or criminal consequences. The Act does not explicitly state the maximum penalties for breaches, but it implies that non-compliance could lead to legal action, fines, or other penalties as determined by the relevant authorities. The seriousness of the breach and the intent behind it would influence the severity of the penalties imposed.

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