Doctors and medical practice managers: How to avoid AHPRA breaches
Doctors, health practitioners and allied health practitioners are regulated by the Australian Health Practitioners Regulation Agency (AHPRA).
AHPRA administers the National Registration and Accreditation Scheme (the National Law) and works with 15 national boards across Australia to protect the public by setting standards and policies that all health practitioners across 16 health professions must meet. Commonly, AHPRA regulates complaints against doctors and other health and allied health professionals.
Below we outline 5 key tips to help navigate the AHPRA regulations and either avoid or deal with a complaint about a doctor or health professional.
But first, let’s look at who AHPRA covers and the Boards that feed into and out of AHPRA.
| Board | Profession |
|---|---|
| Dental Board | Dentists |
| Occupational Therapy Board | Occupational Therapists |
| Pharmacy Board | Pharmacists |
| Aboriginal and Torres Strait Islander Health Practice Board | Aboriginal and Torres Strait Islander Practitioners and Students |
| Medical Board | Doctors |
| Optometry Board | Optometrists |
| Physiotherapy Board | Physiotherapists |
| Chinese Medicine Board | Chinese Medicine Practitioners |
| Medical Radiation Practice Board | Radiologists |
| Osteopathy Board | Osteopaths |
| Podiatry Board | Podiatrists |
| Chiropractic Board | Chiropractors |
| Nursing and Midwifery Board | Nurses and Midwives |
Key functions of AHPRA
The key functions of AHPRA include:
• maintaining a public register of practitioners;
• investigating complaints about doctors, medical practitioners, health and allied health practitioners; and
• referring cases to appropriate tribunals for adjudication where a complaint is founded.
So, with these wide powers of AHPRA in place and layers of regulatory compliance, what is the best way for a doctor, a health practitioner or allied health practitioner to avoid a complaint?
We set out 5 top tips below.
Tip 1: Maintain up to date and accurate registration with your Board
Doctors, medical practitioners and health and allied health practitioners must ensure their registration with the relevant health profession board (Board) is always current and accurate.
To ensure this is the case, they need to:
• renew their registration, annually and on time.
• ensure details such as qualifications, area of practice, and work locations are accurate and up date; and
• meet continuing professional development (CPD) requirements as mandated by their Board.
Failure to renew or inaccuracies in registration can result in deregistration, leaving the doctor or health practitioner unable to legally practice and leaving themselves open to AHPRA disciplinary action.
Tip: Implement a robust diary management system in your medical practice or allied health practice to track registration expiry dates and CPD compliance for all practitioners.
Tip 2: Understanding and reporting mandatory notifications
Under the National Law, AHPRA imposes a legal obligation on practitioners and employers to report certain types of misconduct or concerns, especially where the health, conduct or performance of a practitioner poses a risk to the public. These are known as mandatory notifications.
The four main areas leading to mandatory notifications include:
1. impairment;
2. intoxication while practising;
3. significant departure from accepted professional standards; and
4. sexual misconduct.
The groups or individuals who may be required to make a mandatory notification are:
• a doctor/treating practitioner who becomes aware of the concern when treating a patient;
• colleagues who are also registered practitioners;
• employees of registered practitioners; and
• education providers with respect to registered students and impairments only.
The AHPRA Guidelines can be found here.
In relation to Doctors and Medical Practice Managers, there should be clear policies in place for identifying and reporting these issues. Failing to notify AHPRA of any of these mandatory notifications can constitute a breach.
Tip: Regularly train practice managers and staff on the types of incidents that trigger mandatory notification obligations.
Tip 3: Understand the advertising limitations AHPRA imposes and advertise responsibly
A common area of non-compliance with AHPRA is advertising.
[Want to know more about medical advertising, read this article here]
Under the National Law (section 133 of the Health Practitioner Regulation National Law Act 2009), advertising by health practitioners must:
avoid false, misleading, or deceptive statements or statements that are likely to be misleading or deceptive;
not offer a gift, discount or other inducement to attract a person to use their service of business, unless the advertisement also sets out the terms and conditions of the offer;
not use testimonials or purported testimonials about the service or business;
create an unreasonable expectation of beneficial treatment; or
directly or indirectly encourage the indiscriminate or unnecessary use of regulated health services.
Breaches in advertising regulations can lead to penalties, including fines of up to $60,000 for an individual and $120,000 for a body corporate.
The AHPRA advertising guidelines can be found here.
Tip: Have all advertisements, including social media posts and website content, reviewed by a compliance professional before publication and consider training all staff involved with promotion, advertising and he like.
Tip 4: Have risk management systems in place
Medical practice managers must implement systems that support risk management and legal compliance. This includes:
• policies for infection control, particularly in high-risk environments;
• documentation processes to meet clinical record-keeping standards; and
• systems to ensure practitioner qualifications and scopes of practice are continually reviewed.
Risk management measures help ensure compliance not only with AHPRA but also with broader workplace health and safety laws.
Tip: Conduct regular internal audits of your policies and systems to identify gaps and address them proactively.
Tip 5: Respond swiftly to AHPRA Investigations (and seek advice early)
AHPRA handles complaints about doctors and other health and allied health practitioners and leads investigations into professional conduct.
If a notification or investigation arises, we suggest that the Doctor, health practitioner or allied health practitioner:
• respond within the specified time frame and provide all requested documentation to AHPRA or their relevant Board;
• be transparent and cooperative throughout the process; and
• seek legal advice early, particularly if there is uncertainty about the implications of a complaint or the information being requested.
Delays or uncooperative behaviour can exacerbate the issue and result in harsher penalties.
Tip: Have a dedicated compliance officer or external consultant on call to assist with navigating AHPRA processes effectively.
Next Steps
In summary, entrepreneurial doctors and practice managers can mitigate risks by:
• staying informed about regulatory requirements;
• implementing robust compliance frameworks; and
• encouraging a culture of ethical practice.
By understanding these principles, you can safeguard the reputation of your career and medical practice and ensure compliance with the National Law.
Need Expert Advice?
Our team has extensive experience in legal advice for medical practices, including risk reviews, compliance and regulatory issues. To discuss your needs, contact our team here, and we will put you in touch with the best professional for your needs. We have a Fast Track solution for a risk review process, which you can access here.