Today’s correspondent asks:

When is a paramedic required to notify AHPRA of a complaint made against themselves?

I ask this as I was accused in June of what I would categorise as a serious offence. I was stood down a month later, which was the first I was aware of the allegation. Somewhat naively, I assumed that my employer would notify AHPRA. The somewhat excited response by AHPRA to my disclosure during registration renewal reveals that they had not done so.

I have looked up all I can find is Part 7 of the Notifications Guideline on the AHPRA website.  “must within 7 days… 3 vii …  a complaint is made about the practitioner to an entity etc.

A straw poll amongst my colleagues reveals complete ignorance of this requirement.   Collectively we know multiple dozens of people who have had to answer complaints.  I can name six friends who have been stood down in the last two years…. none of them have notified AHPRA, nor has our employer done so.

In discussions with my union, they have stated they may put out an information bulletin regarding this, but I feel that this issue is probably nation-wide and am seeking your wise counsel and good offices to spread the news far and wide.

I think there are two issues here – 1) when is a paramedic required to notify the Paramedicine Board (via AHPRA) of a complaint against themselves? and 2) when is an employer required to notify the Board (via AHPRA) of a complaint against an employee?

When is a paramedic required to notify the Paramedicine Board (via AHPRA) of a complaint against themselves?

The Health Practitioner Regulation National Law s 130 says:

A registered health practitioner or student must, within 7 days after becoming aware that a relevant event has occurred in relation to the practitioner or student, give the National Board established for the practitioner’s or student’s health profession written notice of the event.

‘Relevant event’ means (s 130(3):

(a)        the practitioner is charged with—

(i)         a scheduled medicine offence; or

(ii)        an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or

(b)       the practitioner is convicted of or is the subject of a finding of guilt for—

(i)         a scheduled medicine offence; or

(ii)        an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or

(c)        appropriate professional indemnity insurance arrangements are no longer in place in relation to the practitioner’s practice of the profession; or

(d)       the practitioner’s right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of the practitioner’s conduct, professional performance or health; or

(e)        the practitioner is disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth because of the practitioner’s conduct, professional performance or health; or

(f)        the practitioner is subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contains a direction under section 106U(1)(g) or (h) of that Act that the practitioner be disqualified because of the practitioner’s conduct, professional performance or health; or

(g)        the practitioner’s authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or

(h)       a complaint is made about the practitioner to an entity referred to in section 219(1)(a) to (e) [ie various Commonwealth entities such as Medicare and ‘another Commonwealth, State or Territory entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners’].

(i)         the practitioner’s registration under the law of another country that provides for the registration of health practitioners is suspended or cancelled or made subject to a condition or another restriction.

The mere fact that your employer has received a complaint does not necessarily fit any of those events and would not need to be reported.

If you are ‘stood down’ then paragraphs (c), (d) and (g) would appear to apply and you would have to notify AHPRA of that change in circumstances within 7 days. If a complaint is made to a health complaints body eg the NSW Health Care Complaints Commission or Queensland’s Health Ombudsman, then paragraph (h) would apply and you would also need to report that.

When is an employer required to notify the Board (via AHPRA) of a complaint against an employee?

The Health Practitioner Regulation National Law s 142 says:

If an employer of a registered health practitioner reasonably believes the health practitioner has behaved in a way that constitutes notifiable conduct, the employer must notify the health ombudsman of the notifiable conduct.

Notifiable conduct (s 140) means:

(a)        practising the practitioner’s profession while intoxicated by alcohol or drugs; or

(b)       engaging in sexual misconduct in connection with the practice of the practitioner’s profession; or

(c)        placing the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or

(d)       placing the public at risk of harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.

If the complaint to the employer doesn’t fit any of those paragraphs, then they are not required to report the complaint, or the outcome to AHPRA.

This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.