Doctors found to have committed sexual misconducted will have it permanently published on their public registrar record in a move the regulator says will protect patients.
The Australian Health Practitioner Regulation Agency’s (Ahpra) amendments will also provide increased protections for people who make complaints about health practitioners, including making it an offence for practitioners to enter into non-disclosure agreements that prevent complaints being made to health regulators.
But in the same week the RACGP has taken aim at the length of time the regulator takes to resolve matters.
Ahpra announced at the start of April that doctors who commit sexual misconduct will be “permanently identified”.
Acting chief executive Kym Ayscough said the new measures were a milestone in patient protection.
“Everybody has the right to expect their practitioner to be safe and fit to practice, and these reforms strengthen that right,” Ms Ayscough said.
“We support these changes, which align with the range of reforms that Ahpra and the National Boards are progressing as part of our actions to improve public safety involving sexual misconduct in healthcare.”
A nationally consistent process for practitioners to regain registration, where their registration has previously been cancelled or they have been disqualified from registration, will also be established.
Changes to the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024 will see the introduction of strengthened protections for people who make complaints about health practitioners, to guard against reprisals.
In other changes, practitioners who have their registration cancelled, or who have been disqualified from applying for registration by a tribunal, will be required to obtain a reinstatement order from a responsible tribunal before applying to a National Board for re-registration.
National Boards will retain their decision-making authority to decide whether to grant registration, as well as any conditions that a practitioner must comply with.
“Choosing a health practitioner is a critical part of protecting your health and wellbeing. These reforms will ensure that people have access to the information they need to make an informed choice,” Ms Ayscough said.
“These reforms provide strong new protections for patients and notifiers, while also providing clarity and consistency for practitioners seeking to have their registration reinstated.”
The legislation has been passed by the Queensland Parliament as the host jurisdiction for all states and territories, and the changes will take effect on a date in the future determined by governments, implemented progressively over the coming year.
Meanwhile, the RACGP provided a submission to The National Health Practitioner Ombudsman on Ahpra’s immediate action powers.
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According to the College, health practitioners have raised a range of concerns with a common theme being frustration with the time taken to receive an outcome for the matter that led to immediate action being taken.
They have also raised concerns about a lack of communication on its progress.
The submission states: “Practitioners frequently report inadequate communication about investigation progress, leaving them in prolonged uncertainty.”
It went on to say such a communication gap not only undermined trust in the regulatory system, but delayed a practitioner’s ability to engage legal representation and expert witnesses.
“Practitioners subject to immediate action restrictions do not appear to receive regular updates or have any stages of the regulatory process clearly communicated to them.”
The RACGP said that prolonged uncertainty contributed to financial implications and stigmatisation, while the system appeared “poorly equipped to respond to the severe impacts”.
“The impact of the regulatory system on practitioner wellbeing has been well documented, with several cases of notifications leading to suicide by those under investigation.”
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