| |
The primary role of the Medical Practitioners Board of Victoria is to protect the community. The 12-member Board is made up of nine senior medical practitioners, a lawyer, and two community members who are not medically qualified. All doctors practising in Victoria must be registered with the Board.
If a patient feels uneasy about the conduct of their doctor, this should be regarded as a warning sign that something may be wrong and that professional boundaries may be being crossed. Patients should trust their own judgement, respect their own feelings and, when in doubt, talk to someone - a trusted friend, a family member, or another health care professional such as a nurse, social worker or other doctor. Raising the issue with the doctor at the time may clarify the situation or prevent a problem from progressing.
The doctor-patient relationship
Good medical practice depends on trust between doctors and patients and their families. Patients are often vulnerable, especially when their medical care makes it necessary for them to reveal themselves intimately to their doctor, physically or emotionally. The doctor-patient relationship can lead some patients to depend emotionally on their doctors. Patients give their doctor access to their homes and private thoughts, and must be able to trust their doctor.
The signs of good medical practice
A doctor should:
- Explain to the patient what will happen during a medical examination and make sure that the patient understands and agrees to this.
- Allow a patient to undress for an examination in private and provide suitable covering, such as a sheet, during the examination.
- Use gloves when conducting internal examinations.
- Ask for the patient’s permission if other people, including medical students, are to be present during an examination.
- Offer the presence of a chaperone during intimate physical examinations, if this would make the patient feel more comfortable.
- Treat patients equally, regardless of their sexual orientation.
Sexual or improper emotional relationship
It is always wrong for a doctor and a patient to enter into a sexual or an improper emotional relationship. It is also wrong for a doctor to enter into a relationship with a former patient or a close relative of a patient, if this breaches the trust the patient placed in the doctor. The nature and length of the previous doctor-patient relationship is just one factor that will determine whether a later personal relationship is ethical.
Ethical responsibilities of doctors
Doctors must maintain a strict boundary between actions taken for the good of the patient and actions intended to gratify their own sexual desire. These rules apply to male and female doctors in their dealings with male and female patients. A sexual or an improper emotional relationship, even if the patient is a consenting adult, may cloud the doctor’s judgement and make them less objective. As a result, the quality of care the doctor provides for the patient may be compromised.
A doctor has a professional responsibility not to enter into a sexual or improper emotional relationship with their patients. If a patient seeks such a relationship with their doctor, the doctor must tell the patient this can’t happen and might advise the patient to see another doctor. If a doctor abuses a patient’s trust by crossing this boundary, they are acting unprofessionally and should be investigated. If the allegations are substantiated, the Board will take disciplinary action. Sexual assault can be reported to the police.
The danger signs
A doctor should not:
- Discuss his or her own sexual problems or fantasies.
- Make unnecessary comments about a patient’s body or clothing, or make other sexually suggestive comments by way of sexual innuendo or jokes.
- Ask questions or make comments about a patient’s sexual performance unless this is relevant to the patient’s problem or the doctor has explained why it is necessary to discuss the matter.
- Request irrelevant or unnecessary details of a patient’s sexual history or sexual performance.
- Attempt to go out with or otherwise enter into a sexual relationship with a patient.
Crossing professional boundaries
Professional boundaries are crossed when any interaction of a sexual nature occurs between a doctor and a patient, or an immediate family member of the patient. There is a wide range of behaviour that is considered unprofessional sexual conduct including:
- The use of inappropriate language.
- Inappropriate touching.
- Touching any part of the patient’s body when the patient has indicated that they don’t want to be touched. Patients may change their mind during an examination - the examination should stop as soon as the patient indicates this to the doctor.
- A doctor making sexual advances to, or engaging in sexual intercourse with, a patient - even if the patient believes this to be acceptable at the time.
Disciplinary powers of the Board
The Medical Practitioners Board of Victoria takes action to protect the public and to ensure high standards of conduct are maintained within the medical profession. Disciplinary powers of the Board include:
- In serious cases of professional misconduct, the Board has the power to cancel or suspend a doctor’s medical registration.
- In less serious cases, the Board may impose conditions, limitations or restrictions on the doctor’s registration; impose a fine; require the doctor to undergo counselling or undertake further education; caution the doctor; or issue a reprimand.
Investigations by the Board
All complaints to the Board are treated seriously and fully investigated by male and female investigators trained to deal with complainants in a sensitive and confidential way. Investigations include:
- Informal hearing - these are closed to the media and the public.
- Formal hearing - serious cases may lead to a formal hearing, where special procedures are in place to ensure that patients and witnesses are treated sensitively. The Board provides an independent service to support complainants and doctors through this difficult process. The formal hearing panel has the power to exclude the media and the public from the hearing if evidence is of an intimate, personal or financial nature. The names of complainants can’t be published or broadcast. The Panel can also suppress names of witnesses.
Contacting the Board
If you feel that professional boundaries have been crossed, and that a doctor’s conduct should be investigated, it is simple to contact the Board for help. Telephone the Board, or write to them at GPO Box 773H, Melbourne VIC 3001. Visit the Medical Practitioners Board of Victoria website for more information.
Where to get help
- Medical Practitioners Board of Victoria Tel. (03) 9655 0560 or 1800 016 151
- Centres Against Sexual Assault (CASA) Tel. (03) 9344 2210 (BH), (03) 9349 1766 (AH) or 1800 806 292
Things to remember
- The primary role of the Medical Practitioners Board of Victoria is to protect the public.
- All doctors practising in Victoria must be registered with the Medical Practitioners Board of Victoria.
- If a patient feels uneasy about the conduct of their doctor, this should be regarded as a warning sign that something may be wrong and that professional boundaries may be being crossed.
You might also be interested in:
Doctors - how to choose one.
Want to know more?
Go to More information for support groups, related links and references.
|  |
|
