Sanctions imposed on a WA GP over his COVID-19 social media posts have triggered a petition backing free speech for doctors.
Broome-based Dr David Berger, who has been a critic of governments’ COVID policies, had conditions put on his registration last month by the Australian Health Practitioner Regulation Agency.
The Medical Board of Australia directed him to complete an approved program of education in relation to “behaving professionally and courteously to colleagues and other practitioners including when using social media,” in accordance with the Good medical practice: a code of conduct for doctors in Australia.
Dr Berger was allegedly the subject of an anonymous complainant who objected to his manner of expression.
But other prominent doctors have come to his defence and raised concerns that freedom of speech is in danger.
The Medical Journal of Australia’s editor-in-chief, Professor Nick Talley, claimed the sanctioning of a GP had sent “shivers” through doctors who use the platform, and he called for more clarity from AHPRA about doctors’ conduct on social media.
Support from the ranks
The Victorian Branch of the Australian Medical Association is reportedly preparing to put forward a motion at the AMA’s National Conference at the end of this month, calling for a Royal Commission into the AHPRA.
Former AMA WA president Dr Andrew Miller – also no stranger to COVID controversy — has publicly come to Dr Berger’s defence, arguing that under their code of conduct doctors were obliged to advocate, protect and advance the health and wellbeing of patients.
In a recent opinion piece in The West Australian, Dr Miller said his friend and colleague was forthright, but silencing his views was not beneficial to the community.
“Along with many of us, Berger has publicly disputed the “mild Omicron for Christmas” narrative; the myth that children have nothing to fear from COVID; and repudiated calls to “live with it” which is code for “unmask, vaccinate occasionally and get reinfected often, no matter how many get sick or die.
“After an anonymous complaint was made to the AHPRA about his entertaining, occasionally sweary tweets he has to do a course “in relation to behaving professionally and courteously to colleagues and other practitioners.
“Respectfully, is this focus on how we say things, rather than what we say, really going to keep the community safer?”
Open letter to health ministers
Dr Miller is one of more than 1000 signatories to an open letter directed at Federal and State health ministers, calling for free speech for doctors.
Other signatories include Professors Raina Macintyre and Kerryn Phelps.
“We, the undersigned, being concerned scientists, doctors and citizens of various diverse professional expertise, with a common interest in humanity and the reduction of suffering, disability and death caused by COVID-19, note with concern that Dr David Berger has a public condition placed upon his medical registration,” the letter says.
It calls for urgent action, including an independent audit of AHPRA’s handling of social media and public advocacy complaints; and a reversal of the conditions placed on Dr Berger’s registration.
“The 2021 changes to policy that now enable AHPRA to punish doctors for speaking out should be urgently reviewed, along with the remit of AHPRA as a blanket defender of government health policy,” the letter argues.
The letter also calls for a statement affirming freedom of speech for doctors and confirmation that expressing a difference of opinion with government policy does not in itself constitute a breach of AHPRA’s Good Medical Practice Code.
In a statement to AusDoc, AHPRA said the National Scheme’s primary objective was public protection, and good medical practice involved behaving professionally and courteously to colleagues and other practitioners, including when using social media.
It said national boards could consider social media use in a practitioner’s private life if it raised concerns about their fitness to hold registration.