In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia.

Medical regulation immediate action patient safety public interest

Journal

Journal of law and medicine
ISSN: 1320-159X
Titre abrégé: J Law Med
Pays: Australia
ID NLM: 9431853

Informations de publication

Date de publication:
Dec 2020
Historique:
entrez: 8 1 2021
pubmed: 9 1 2021
medline: 12 1 2021
Statut: ppublish

Résumé

"Immediate action" is a powerful regulatory tool available to Medical Boards. It protects the public from harm by restricting a medical practitioner's registration after allegations have been made, but before wrongdoing is proven. This article charts the development of these coercive powers in Australia and examines the legal, socio-political and ethical justification for supplementing a well-defined "public risk" test with a broad and controversial "public interest" test that leaves medical practitioners vulnerable to inconsistent decision-making. Compared to overseas jurisdictions, immediate action powers in Australia offer fewer procedural protections. The regulatory response to perceived threats to public trust and confidence in the medical profession needs to be proportionate, transparent, effective, and consistent, to protect the public while also being fair to practitioners.

Identifiants

pubmed: 33415903

Types de publication

Journal Article

Langues

eng

Sous-ensembles de citation

IM

Pagination

244-269

Déclaration de conflit d'intérêts

The authors have previously conducted research in partnership with AHPRA.

Auteurs

Owen M Bradfield (OM)

PhD Candidate, Melbourne School of Population and Global Health, University of Melbourne.

Matthew J Spittal (MJ)

Associate Professor, Melbourne School of Population and Global Health.

Marie M Bismark (MM)

Associate Professor and Head, Law and Public Health Unit, Melbourne School of Population and Global Health.

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Classifications MeSH