Most Queensland doctors are probably aware that new obligations on reporting certain misconduct by other doctors commenced under the Medical Practitioners Registration Act 2001 (Act) from 1 January 2010.
Obligations from 1 January 2010
A doctor must now report certain types of misconduct (Reportable Misconduct) to the Medical Board of Queensland when the doctor becomes aware, of or reasonably suspects, that another doctor has engaged in such misconduct.
Failure to report Reportable Misconduct of another doctor is now a ground for disciplinary action against the doctor who does not make a report.
The purpose of the legislation is to ensure that misconduct of a nature that is considered to be reprehensible or which causes or is likely to cause physical or psychological harm to a patient is reported to the Medical Board.
It is then a matter for the Medical Board to investigate the allegations.
The legislation provides sanctions (imprisonment or fine) for acts of reprisal, as it has always done.
What conduct must be reported
The Act categories Reportable Misconduct into 4 general areas as follows:
- sexual misconduct within the practice of the profession (eg conducting a sexual relationship with a patient);
- practice of the profession while intoxicated by either a dug or alcohol;
- practice of the profession while either physically or mentally impaired (other than by drugs or alcohol) which causes or is likely to cause significant harm to a patient;
- practice of the profession in a way that significantly departs from accepted standards of the profession which causes or is likely to cause harm to a patient.
Harm is defined as any detrimental effect on a person’s physical or psychological wellbeing.
Although there has been some disquiet expressed about mandatory reporting, as can be seen the first three categories of Reportable Misconduct namely, sexual misconduct in relation to a patient and treating patients while intoxicated or otherwise physically or mentally impaired are the types of behaviour that many doctors as well as the general community would expect to be reported irrespective of the legislation.
It should also be noted that the obligation to report a doctor who is physically or mentally impaired only arises when that impairment either causes or is likely to cause harm.
As for the last category the departure from accepted standards has to be a significant departure from those standards. This takes into account the fact that there is often ‘more than one way to skin a cat’, and although some doctors may use a certain type of treatment that others may not, they wouldn’t necessarily criticise those who don’t follow a similar practice. Again the departure has to either cause or be likely to cause harm before an obligation to report it arises.
Exceptions
The obligation does not apply if the doctor who becomes aware of the Reportable Misconduct knows or reasonably believes that the conduct has already been reported to the Medical Board.
Exceptions are also made for doctors who are employed or engaged by an insurer for the doctors whose conduct is under question or doctors who are also lawyers, providing legal services to the doctor.
There are no exceptions for treating doctors.
If in doubt seek advice
This regime has been introduced into Queensland as a precursor for the National Registration and Accreditation Scheme, which also includes mandatory reporting, and is due to commence on 1 July 2010.
I encourage any doctor who becomes aware of another doctor engaging in conduct that falls within the four categories discussed above to report such conduct to the Medical Board.
If you are at all in doubt, you should seek legal advice or the assistance of your Medical Defence Organisation or contact:
Katharine Philp
Partner
Phone: 61 7 3004 3536
Katharine_Philp@tresscox.com.au
To see the contact details of the entire TressCox Health Services Team please click here.
|
