More than 100 current and former healthcare practitioners have had their sexual misconduct findings permanently added to their records on the national regulator’s searchable public register.
Twenty-one of the practitioners with sexual misconduct findings against them are still practising, and 86 had cancelled registrations, the Australian Health Practitioner Regulation Agency (AHPRA) reported on Friday.
AHPRA is reviewing 5000 professional misconduct findings dating back to July 2010 to identify those that relate to sexual misconduct, as part of long-overdue reforms to the Health Practitioner Regulation National Law.
Doctors accounted for 50 of the 107 practitioners who had their historical sexual misconduct findings added to the public-facing records overseen by AHPRA, which regulates all registered healthcare professionals, including midwives, nurses, psychologists, chiropractors and dentists.
Nurses and midwives were the second-largest group with 21 sexual misconduct findings, followed by psychologists (seven), Chinese medicine practitioners (six) and chiropractors (five).
Thirty-five of the practitioners were from NSW, 31 were from Victoria, 16 were from South Australia and 14 were from Queensland.
“Sexual misconduct by registered health practitioners is an unacceptable breach of trust that undermines public health and safety,” AHPRA CEO Justin Untersteiner said.
He said the reform empowers patients to make informed choices about their care and reinforces the principle that breaches of trust will not be hidden.
Previously, the public could only see active disciplinary sanctions when they searched for practitioners on AHPRA’s register.
More practitioners are expected to have their sexual misconduct findings published on their records later this year as AHPRA’s review continues.
Sexual misconduct covers professional boundary violations, sexual harassment and criminal offences, including making sexual innuendos, inappropriate texting, telling patients about their own sexual experiences and performing an unnecessary physical examination.
“Any incident can have a lasting and profound impact,” Untersteiner said. He encouraged anyone wishing to raise a concern about a practitioner to do so.
The change is part of a suite of reforms approved by the nation’s health ministers last year, which also make retaliation against a notifier a criminal offence.
Key Details of the Reforms
- Scope of Review: AHPRA is examining 5,000 professional misconduct cases dating back to 2010 to identify those involving sexual misconduct.
- Impact on Public Register: Sexual misconduct findings are now permanently added to practitioners’ records, making them publicly accessible.
- Practitioners Affected: Over 100 healthcare professionals, including doctors, nurses, midwives, psychologists, and others, have been affected.
- Geographic Distribution: The majority of affected practitioners come from New South Wales, Victoria, South Australia, and Queensland.
- Public Access: Previously, only active disciplinary actions were visible on the register. Now, historical sexual misconduct findings are included.
Types of Sexual Misconduct
Sexual misconduct in the healthcare sector includes a range of behaviours that violate professional boundaries:
- Professional Boundary Violations: This includes inappropriate relationships between practitioners and patients, such as engaging in personal or romantic interactions.
- Sexual Harassment: Unwanted sexual advances, comments, or gestures that create a hostile work or patient environment.
- Criminal Offences: Acts such as making sexual innuendos, sending inappropriate texts, sharing personal sexual experiences with patients, or conducting unnecessary physical examinations.
These actions not only breach the trust placed in healthcare professionals but also pose risks to patient safety and well-being.
Importance of Transparency
Transparency in the healthcare system is crucial for maintaining public trust. By making sexual misconduct findings public, AHPRA aims to:
- Empower Patients: Allow individuals to make informed decisions about their healthcare providers.
- Promote Accountability: Ensure that practitioners who engage in misconduct face consequences.
- Support Victims: Provide a platform for patients to report concerns without fear of retaliation.
Ongoing Efforts
AHPRA is continuing its review of historical cases, with more findings expected to be added to the public register throughout the year. This process is part of broader reforms aimed at improving accountability and transparency within the healthcare sector.
The reforms also include measures to protect individuals who report misconduct, making it a criminal offence to retaliate against a notifier.
Conclusion
The inclusion of sexual misconduct findings on AHPRA’s public register marks a significant step towards greater transparency and accountability in the healthcare industry. It reflects a commitment to protecting patients and ensuring that breaches of trust are not concealed. As the review continues, more information will become available, reinforcing the importance of ethical conduct in healthcare professions.
