Mandatory Reporting Provisions for Treating Health Practitioners

Are National Mandatory Reporting Exceptions Imminent?

One of the issues discussed by the Health Ministers at the COAG Health Council on 4 August 2017 was an amendment to the mandatory reporting provisions for treating health practitioners. The Health Ministers agreed that doctors should be able to seek treatment for health issues with confidentiality whilst also preserving the requirement for patient safety.

MDA National has argued that treating doctors should be exempt from the legal duty to report impaired health practitioners, as is the case in WA. This will assist in removing one of the barriers to doctors seeking health care. A treating doctor exception will minimise the perception that health practitioners should be fearful of seeking health and, in particular, mental health treatment.

It was agreed for the Australian Health Ministers’ Advisory Council to recommend a nationally consistent approach to mandatory reporting, following a discussion paper and consultation with consumer and practitioner groups, with a proposal to be considered by the COAG Health Council at their November 2017 meeting.

Watch this space…

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.