Doctors and other health professionals are being reminded of the “critical role” they play in reporting concerns about professional standards.
The national regulator put out a statement on the legal responsibility to report concerns in response to investigations into Melbourne-based, former obstetrician and gynaecologist Dr Simon Gordon.
Every Australian health practitioner has an obligation to notify Ahpra if they believe another practitioner is placing the public at risk by departing from accepted professional standards. The same rule applies to employers.
That is a mandatory reporting requirement under the National Law.
Ahpra chief executive Justin Untersteiner said practitioners must feel safe to speak up without fear of punishment.
“Practitioners have a duty to speak up if they believe the public is at risk. It’s important that they know they can do so without fear of reprisal. While reprisals are thankfully uncommon, we will not hesitate to prosecute anyone who threatens notifiers or witnesses acting in good faith.
“Ahpra’s number one priority is to prevent harm and achieving that requires access to all available evidence and information. We expect the support and cooperation of everyone involved in matters relating to public safety.”
The regulator reassured that it treats all notifications seriously, regardless of who has raised the concern.
Since December last year people who report health practitioners have had greater protections under law to guard them against any attempted reprisal.
The protections make it an offence to threaten, intimidate, dismiss, refuse to employ or otherwise discriminate against someone involved in a complaint to Ahpra and the National Boards. The maximum penalty is $60,000 for an individual or $120,000 for a body corporate.
The reminder comes as Dr Gordon was referred to police over allegations he repeatedly performed surgery on patients for what they were told was severe endometriosis when that was not evident in their pathology result.
A Four Corners investigation found the surgeon removed tissue and organs from young women. Gynaecologists who have reviewed patient records and pathology results deemed the surgeries unnecessary.
RELATED: Diagnosing endometriosis no longer requires surgery
Victorian Premier Jacinta Allan confirmed this week that she has referred the allegations to Victoria Police.
She also confirmed clinical guidelines to support ultrasound as the first diagnostic tool would be standardised.
“Without commenting on the specific case, let me be clear: performing unnecessary surgery is a crime, removing a woman’s organs without a clinical need is a crime, and assisting in that conduct is a crime,” she said.
“Following these allegations, we will standardise the guidelines for how endometriosis is diagnosed. An invasive laparoscopy is often the first diagnostic tool, despite growing evidence that it is not always necessary.
“That’s why Safer Care Victoria will publish clinical guidelines, making clear that a less invasive ultrasound should be the first step for diagnosing endometriosis across Victoria.
“We will also provide additional training to help doctors recognise endometriosis and treat it appropriately. Because we must continue lifting awareness and understanding of women’s pain, not just within the community but among clinicians.”
Ms Allan added the Victorian government was exploring the idea of a certification for doctors – a ‘pink tick’ – under which women could see which doctors are trained, ready to listen, and committed to providing the right care.
Ahpra reviewing processes
The regulator has confirmed it is reviewing its methodology in assessing and managing these types of cases, as well as the criteria for regulator intervention, following accusations it failed to act in the case.
“Ahpra understands that raising a notification can be distressing, and reducing that distress has been a priority. Our trained staff seek to take a person-centred approach and to support people through the process with care and sensitivity,” Ahpra said in a statement.
A panel of independent medical experts has been appointed to revie and support the regulators work in investigating Dr Gordon.
Want more news, clinicals, features and guest columns delivered straight to you? Subscribe for free to WA’s only independent magazine for medical practitioners.
Want to submit an article? Email [email protected]