Prescribing for Relatives
01 Jul 2016
“What’s the point in having a doctor in the family if they can’t write a quick script?”
The professional risks arising from prescribing for relatives were highlighted in the Tribunal decision Health Care Complaints Commission v BXD (No 1) [2015] NSWCATOD 134.
The doctor had worked in private practice for more than 30 years. From 2011 to 2013, she prescribed a range of medications to her husband and daughters. Pharmacists reported concerns about the doctor’s prescribing to Pharmaceutical Services.
Following an investigation by the Health Care Complaints Commission, other allegations included:
- failure to maintain medical records of her prescriptions
- failure to inform her children's treating doctors of her prescribing
- inappropriately completing a Centrelink medical certificate for her daughter
- inappropriately writing pathology requests and referrals.
The doctor admitted the conduct.
The Tribunal found the doctor guilty of Professional Misconduct
The disciplinary orders included:
- reprimand
- compliance with the Medical Council of NSW Guideline for self-treatment and treating family members
- professional mentor for at least 12 months
- completion of a medical ethics course.
Prescribing legislation
There is no legislation which prevents a doctor prescribing medications for relatives, except in South Australia where the prescription of drugs of dependence to specified family members is prohibited, unless it is a verifiable emergency. Adequate medical records of any prescriptions must be kept.
There are significant risks if you prescribe for relatives
In addition to the risk of an adverse disciplinary finding and restrictions on the ability to practice and prescribe, there is a risk of harm to the doctor’s family.
Unless it is an emergency, prescribing for relatives is not good practice.
This blog contains general information only. We recommend you contact your medical defence organisation or insurer when you require specific advice in relation to medico-legal matters.
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Dr Nick Coatsworth is an expert in health policy, public administration and a practising infectious diseases physician. He held a national role in the Australian response to COVID-19 as Deputy Chief Medical Officer of Australia, becoming one of the most recognised medical spokespeople during the pandemic. Nick engaged the Australian community through a variety of media platforms most notably as the spearhead of the national COVID-19 vaccination campaign. Dr Micheal Gannon, Obstetrician & Gynaecologist, sits down with Dr Nick Coatsworth to discuss Nick's medical career journey, and what insights and advice he has for junior doctors. MDA National would like to acknowledge the contributions of MDA National staff, Members, friends and colleagues in the production of the podcast and note that this work is copyright. Apart from any use permitted under applicable copyright law, you may not reproduce the content of this podcast without the permission of MDA National. This podcast contains generic information only, is intended to stimulate thought and discussion, and doesn’t account for requirements of any particular individual. The content may contain opinions which are not necessarily those of MDA National. We recommend that you always contact your indemnity provider when you require specific advice in relation to your insurance policy or medico-legal matters. MDA National Members need to contact us for specific medico-legal advice on freecall 1800 011 255 or email advice@mdanational.com.au. We may also refer you to other professional services.
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