What about physical impairment - eyesight, hearing or mobility?
The issue here is whether patients are at risk of substantial harm because of the impairment. Remember the definition - physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that ‘detrimentally affects capacity to practise’. Ultimately it would be a decision of AHPRA, but if you have concerns, firstly discuss these with the practitioner and suggest they self-report to AHPRA. The practitioner may in fact be able to demonstrate that the physical impairment does not pose a risk of harm to patients.
Is there a required time frame to make a mandatory report?
No there is not, but if you have real concerns about patient harm you ought to act quickly to ensure you have met your obligations, AHPRA considers and/or investigates and if necessary, takes any action to safeguard patients. If you do not make a mandatory report or delay a report of notifiable conduct you do open yourself up to a possible investigation by AHPRA, particularly if a patient is harmed in the meantime.
Does the notifiable conduct concerning drugs involve non-recreational drugs such as caffeine, Adderall or Ritalin?
Assuming that medication is prescribed by another practitioner for therapeutic purposes, then there is no requirement to make a mandatory report. The overriding consideration is whether there have been or are concerns about a risk to the public because of the medication.
In WA is the notifying practitioner protected as I understand is the case in other states?
Federally there is protection under the National Law for making notifications ‘in good faith’. This is not defined, but its ordinary meaning is being well intentioned and without malice. Section 237 provides protection from criminal, civil or administrative liability, including defamation for people making notifications in good faith.
Are your details kept confidential if you make a mandatory report?
Yes, you have a right to make a complaint or raise your concerns anonymously. Remaining anonymous means that you do not provide any identifying information when you submit your complaint or concern to AHPRA (such as your name, address or contact details). If you wish to remain anonymous you should be aware that an anonymous complaint can usually only be assessed on the information you provide when you contact AHPRA. If you remain anonymous, AHPRA will be unable to seek clarification or additional information from you. This means it might be difficult for AHPRA to assess your concerns or progress the matter. Also, AHPRA will not be able to advise you of any outcome or actions taken. Alternatively, you can identify yourself as the notifier and request that AHPRA deal with the notification without disclosing your identity. In our experience AHPRA will honour this.
What about doctors who are recommending treatments far outside of usual practice eg 'natural therapies' etc?
This potentially falls into the notification category of ‘placed the public at risk of harm’ during their practice because of a significant departure from professional standards. Remember the threshold is high and you must have formed a reasonable belief that the behaviour constitutes notifiable conduct or a notifiable impairment. This is a serious step and should only be taken on sufficient grounds. As the aim is to protect the public, practitioners should only notify AHPRA if they believe that another practitioner has behaved in a way which presents a risk of substantial harm to the public.
Does Mandatory reporting apply to retired practitioners or not?
If you are a practitioner currently registered with AHPRA the mandatory reporting obligation still applies to you.
Does mandatory reporting apply to a single incident or does it need to be a repetitive behaviour? eg drunk at work once only
The mandatory reporting requirement relates to the defined notifiable conduct, irrespective of whether a single or repeated incident.
How does the mandatory reporting law overlap with the new confidentiality law?
The medical board mandate is public safety – therefore any doctor reporting under mandatory reporting guidelines is protected by law. Privacy laws do not affect this.