OVERVIEW:

• Role of AHPRA in regulating doctors and health care providers
• Significance of a doctor making an undertaking to AHRPA
• Significance of a doctor having restrictions or conditions on their registration

role of AHPRA in regulating doctors and health practitioners

The Australian Health Practitioner Regulation Agency (AHPRA) is a national board that regulates all registered doctors and health practitioners in Australia.[1]

One of the key roles of AHPRA is to manage and monitor the registration of doctors and health practitioners.

AHPRA plays a role in managing complaints about doctors and health practitioners to ensure safety of patients and protect the public.[2]

significance of a doctor making an undertaking to ahpra

If a complaint or concern about a doctor is reported to AHPRA, the doctor may voluntarily offer to limit their practice in some way. AHPRA will accept an undertaking from a doctor if they believe it to be necessary to protect the public.[3]

For example, if a complaint was made that a psychologist pursued an inappropriate personal relationship with a female patient, the psychologist may make an undertaking with AHPRA not to treat female patients.

A doctor has a legal obligation to adhere to any undertaking they have made to AHPRA.[4]

Some other examples of undertaking doctors might make to AHPRA include: 

• an undertaking not to practise;
• an undertaking not to perform a certain kind of treatment or surgery;
• an undertaking to refrain from treating certain patients.

Significance of a doctor having restrictions or conditions on their registration

If a complaint or concern about a doctor is reported, AHPRA may impose a condition or restriction on a doctor’s registration. This will mean the doctor must do something or must refrain from doing something.[5]

AHPRA may impose a restriction or condition on a doctor’s registration pending an investigation of a complaint or upon conclusion of an investigation. However, it is important to note that a condition or restriction may be made for reasons other than disciplinary proceedings.

Unlike undertakings (which are voluntary), AHPRA may impose a restriction or condition on a doctor’s registration with or without their consent.[6]

Some examples of restrictions or conditions AHPRA may impose on a doctor’s registration to practice: 

• to only provide treatment under the supervision of another doctor;
• to undergo further education or training;
• to refrain from providing certain kinds of treatment;
• not to treat certain kinds of patients.

HOW TO CHECK IF A DOCTOR HAS MADE AN UNDERTAKING TO AHPRA OR HAS RESTRICTIONS ON THEIR REGISTRATION

AHPRA publishes an online registry of all registered doctors and health care providers.

This registry allows anyone to search a registered practitioner’s name and see details of their registration status, including whether they are subject to any undertakings or restrictions.

To look up a doctor or health care provider in the AHPRA registry, please see click here. 

To view the list of doctors and health care providers who have undertaken not to practise, please click here. 

For tips on how to use the AHPRA registry, please click here. 

Please note that the AHPRA registry only contains information regarding registered health care providers. That is, the AHPRA registry will not include persons who provide therapeutic services but are not registered health care providers. For example, some massage therapists or alternative medicine/healthcare providers may not be registered with AHPRA.

To find more information on the role of AHPRA, we recommend reading our other articles, when does AHPRA take action? and AHPRA Reporting 2020/2021: Review of Stats & Complaints Over the Last Year Identified by Specialty.

 [1] AHPRA, ‘Who We Are’ (07/02/2022) <https://www.ahpra.gov.au/About-Ahpra/Who-We-Are.aspx>

[2] AHPRA, ‘What We Do’ (10/03/2021) <https://www.ahpra.gov.au/About-Ahpra/What-We-Do.aspx>

[3] AHPRA, ‘How We Manage Concerns: Possible Outcomes’ (26/11/2020) <https://www.ahpra.gov.au/Notifications/How-we-manage-concerns/possible-outcomes.aspx>

[4] AHPRA, ‘How We Manage Concerns: Possible Outcomes’ (26/11/2020) <https://www.ahpra.gov.au/Notifications/How-we-manage-concerns/possible-outcomes.aspx>

[5] AHPRA, ‘How We Manage Concerns: Possible Outcomes’ (26/11/2020) <https://www.ahpra.gov.au/Notifications/How-we-manage-concerns/possible-outcomes.aspx>

[6] AHPRA, ‘How We Manage Concerns: Possible Outcomes’ (26/11/2020) <https://www.ahpra.gov.au/Notifications/How-we-manage-concerns/possible-outcomes.aspx>

OVERVIEW:

• The Australian Health Practitioners Regulation Agency (AHPRA) maintains a register of all health practitioners in Australia.
• In 2021, AHRPA prosecuted 52 health practitioners, resulting in 20 disqualifications and 13 suspensions.
• Within the 52 prosecutions, there were 10 practitioners that had continued practising despite being suspended and/or unregistered.
• A simple online search can reveal whether your health practitioner is registered and/or subject to any disciplinary restrictions.

Despite being subject to disciplinary restrictions, many health practitioners can continue to practice in Australia. So, how can you find out if your health practitioner is presently disqualified from practise or the subject of disciplinary restrictions?

This article provides you with some case examples of health practitioners practising despite being subject to disciplinary restrictions or suspensions; and tips on how to best research your health practitioner.

2021 CASE EXAMPLES

The following three cases were prosecuted by the Australian Health Practitioners Regulation Agency (AHPRA) in 2021 and are examples of health practitioners continuing to practice despite disciplinary restrictions:

Mr David Drawwater, a QLD Enrolled Nurse, was convicted of continuing to practice despite his registration with AHPRA lapsing. 

• Mr Drawwater’s registration lapsed on 1 July 2019, and he failed to renew it. He continued to work unregistered until November 2019, when his employment was terminated. During his unregistered period, he performed 35 shifts at an Ipswich aged care facility, where he had the primary responsibility for approximately 33 residents. AHPRA’s prosecution was successful, and Dr Drawwater was fined $8,000 and ordered to pay AHPRA’s costs. For further information about this AHPRA prosecution, visit here.  
•  Dr Chris Pepulani, a WA General Practitioner who was under supervision conditions imposed in May 2018, was suspended for 12 months after he was found to have practised unsupervised and uninsured over a three month period. Despite not being allowed to practice medicine unsupervised, Dr Pepulani, conducted 20 consultations and issued approximately 260 prescriptions unsupervised. AHPRA’s prosecution was successful, and Dr Pepulani was suspended from practice for 12 months. For further information about this AHPRA prosecution, click here.
•  Dr Brian Hickman, an NSW Psychologist who had been suspended by AHPRA in September 2018, was convicted of holding himself out to be a registered Psychologist in March 2019. Dr Hickman was fined $20,000 and ordered to pay AHRPA’s legal costs. In this case, AHPRA’s CEO said: ‘Falsely representing yourself as a registered health practitioner is a gross violation of the public’s trust. We hope this conviction acts as a deterrent to anyone else who might choose to ignore regulatory action taken by a National Board.’  For further information about this AHPRA prosecution, click here.

AHPRA REGISTER SEARCH

The first step to take in your health practitioner research is to perform a search of AHPRA’s online register, which is located here. 

To practice in the health profession in Australia, a practitioner must be registered with AHPRA. This applies to all health practitioners in Australia, from doctors, midwives and nurses through to podiatrists, osteopaths and Chinese medicine practitioners.  

Last week, we outlined the types of complaints investigated by AHPRA and provided a summary of their 2020/2021 annual report. You can read the full article here. 

An online AHPRA register search will identify: 

• Whether your health practitioner is registered to practice in Australia; 
• The date of your health practitioner's first registration with AHPRA; 
• Your health practitioner's qualifications; 
• Whether your health practitioner's registration is valid and/or subject to any restrictions or suspensions.

To find your health practitioner on AHPRA's register, you will require at least their surname. To narrow your search, knowing the type of health practitioner and the State or Territory in which they practice will be of assistance. 

OTHER FREE ONLINE SEARCHES

In addition to an online AHPRA register search, you can also perform:

1. Google review search - You are unlikely to find out about a health practitioner's restrictions or suspension via a Google review. However, a Google review may reveal previous dissatisfied patients or previous unfortunate incidents involving that health practitioner. Conversely, it may reassure you that your health practitioner is the appropriate practitioner for you.
2. Civil court party search – Most States have an online search function for their civil courts. If a health practitioner has been sued for personal injuries arising out of a medical negligence incident, that matter will appear in a civil court search.

RAISE YOUR CONCERNS

If your health practitioner's AHPRA registration is clear of any restrictions/conditions/suspension/ disqualification and you are unable to find much information about them elsewhere online, it may be that your health practitioner has not been the subject of a complaint, disciplinary action or a civil court matter.  

However, if you are still concerned about the ability of your health practitioner to treat your medical issue, feel free to ask them questions, such as:

• How many times have they performed/administered that treatment? 
• Their success rate with performing/administering the specific treatment? 
• Have they have experienced a negative outcome, and what were the reasons for that negative outcome?

Before any treatment, you should feel comfortable knowing that your health practitioner has the right qualifications and is clear of any disciplinary restrictions. If you feel uneasy or uncertain after conducting your online research, you should always discuss your concerns with your health practitioner. Alternatively, and if circumstances permit, arrange to see a different practitioner for a second opinion.

WHAT IF THEY ARE DISQUALIFIED OR PROHIBITED FROM PRACTICE?

If you have found out after a procedure/treatment that your health practitioner was not appropriately qualified and/or acted outside of the scope of any disciplinary restrictions as outlined on the AHPRA register, then a complaint should be made to AHPRA about that practitioner. Visit this link to our recent article for further information on AHPRA complaints.

If you have suffered injury, loss or damage as a result of treatment by an unregistered, restricted or suspended health practitioner, then you should seek legal advice immediately. We can help, just click here.