When is it necessary to notify the Australian Health Practitioner Regulation Agency ("AHPRA") that you or another practitioner is suffering a health impairment?
Legislative framework covering health practitioners
The Health Practitioner Regulation National Law (Queensland) ("the National Law") regulates registered health practitioners.
Broadly speaking, the National Law defines a health impairment as a physical or mental impairment, disability, condition or disorder that detrimentally affects or is likely to detrimentally affect your capacity to safely practise the profession.
Registered health practitioners must notify AHPRA of any health condition or impairment, that detrimentally affects or is likely to detrimentally affect the ability to practise in their profession or as a student, the ability to undertake clinical training.
Obligations in annual statement when renewing registration
Section 109 of the National Law requires a practitioner to declare they do not have an impairment (see above).
Failure to make a candid and accurate annual statement may result in the commencement of an investigation and consequences, including disciplinary action.
Where a practitioner has a condition which does not detrimentally affect or is not likely to detrimentally affect their practise, there is no requirement to declare the impairment. For example, where a practitioner takes reasonable measures to appropriately manage a health condition or impairment, such as taking time off work, seeking a treatment plan from a treating practitioner and complying with the recommended treatment, or where the impairment arises from a one-off acute medical episode.
Mandatory obligation to notify AHPRA of an impairment
Section 140 of the National Law imposes an obligation on all registered health practitioners to make a mandatory notification to AHPRA about a fellow registered health practitioner where they engage in notifiable conduct.
Notifiable conduct is when there is concern of the following having occurred:
- having practiced in the profession whilst intoxicated;
- having engaged in sexual misconduct in connection with the practice of the profession;
- having placed the public at risk of substantial harm when a practitioner practices in the profession while suffering from an impairment; and
- having placed the public at risk by practicing in the profession in a way that is a significant departure from accepted professional standards.
As soon as practicable, after forming a reasonable belief, a registered health practitioner must notify the Office of the Health Ombudsman of the notifiable conduct.
A registered health practitioner will not be required, under section 140 of the National Law, to make a mandatory notification about another registered health practitioner, if they form a reasonable belief of notifiable conduct during the course of providing health care services to that practitioner.
What happens when a disclosure of a health impairment is made to AHPRA?
If you, or someone else, has made a disclosure or notification to AHPRA in respect of a health impairment, it will be assessed by AHPRA and considered by the relevant National Board. The Board may commence an investigation after being notified a practitioner or student has an impairment if it decides it is necessary or appropriate to do so.
During the investigation, AHPRA will gather all relevant information and may invite the practitioner or provide information or submissions.
National Boards may, pursuant to section 169 of the National Law, direct health practitioners to attend an Independent Medical Examination before an appropriate expert who will produce a report with recommendations as to what action, if any, the Board should consider taking. In the course of a medical examination the practitioner may be requested to undergo pathology testing including drug and alcohol testing. Recommendations can include conditions on the practitioner's registration.
If, after considering the evidence gathered in the investigation, a National Board holds a reasonable belief that the health impairment may affect the practitioner's ability to safely practice, they have the power to impose any of the following as an outcome:
- Conditions on registration, such as requiring attendance on a medical practitioner, alcohol or drug testing or restricting the scope of practice;
- Suspension of registration; or
- Referral to other agencies to deal with, such as the Office of the Health Ombudsman or QCAT.
Get help from a health law solicitor
You are not always required to disclose a health condition, and it is worthwhile seeking specialised legal advice to understand your obligations and consequences of doing so.
If you think you have a health impairment or condition that requires notification to AHPRA and the relevant National Board, please contact our health law team to seek further assistance and specific advice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.