Q&A -Open Disclosure

Any patient can make a voluntary notification to AHPRA or to a local complaint body. Complaints can indeed be stressful. By notifying MIPS promptly, you will receive the assistance and support you need. There is unlikely to be embarrassment unless the patient goes public with the complaint which is most cases is unlikely. Patients have a right to complain and cannot be penalised for doing so. In the case of litigation however, a court may find person who continually brings frivolous legal proceedings to be a vexatious litigant and thereby ultimately prevent them from doing so. Members may have a right of action if they have been defamed by a patient. As a medical defence organisation MIPS cannot assist members with initiating such action.

It is a policy condition to notify MIPS of any complaint, claim or investigation into your healthcare. MIPS can also assist you with advice on any clinico legal matter. MIPS encourages members to notify and discuss matters and members will not be penalised for doing so. The MIPS adviser will advise you whether you should report a matter to AHPRA. This may be a self-report about a health condition or some other issue. To self-report shows insight and is likely to mitigate your situation. There may also be situations where you seek advice about a mandatory report of a colleague and MIPS can provide advice about that. Please note that MIPS advisers are immune from making a mandatory report to AHPRA about a MIPS member.

MIPS suggest you always ask patients to put their complaints in writing to you. That way you can seek MIPS assistance and have time to properly investigate the complaint and consider the issues and formulate an appropriate response.

The short answer is not necessarily; it depends on the circumstances. You do have a requirement to advise AHPRA within 7 days of either:

• Charged with an offence
• Convicted of an offence
• Cease to have compliant professional indemnity insurance
• Your rights at a hospital are withdrawn or restricted
• Medicare billing/prescribing rights privileges are withdrawn/restricted
• Registration in another country is restricted, cancelled, suspended or has conditions

You also have a requirement to notify at renewal of your registration the following:

• Whether you have: an impairment, met the recency of practice standard, completed the requisite CPD, complied with professional indemnity requirements
• Any criminal charges, convictions or findings of guilt during the past year
• Any practice rights or billings privileges have been withdrawn or restricted in the past year
• Whether the practitioner has been the subject of any complaints to a registration authority or other body