No Mask, No Treatment - Is That Even Legal?
Have you seen a situation where people have refused to wear a mask when entering a shop, a restaurant or on public transport? If you haven’t in real life you may have seen it on social media.
Masks are a key measure introduced the world over to suppress transmission and save lives during this global pandemic.
But what do you do if a patient attends your practice for treatment and for one reason or another they are not willing or able to wear a mask?
It is a hard situation to face as a healthcare provider and so the best thing to do is to prepare yourself and your team with how to respond if and/or when this occurs.
What Does the Law Say?
Legally, a doctor in a private practice is free to choose who they see as patients, provided there is no question of discrimination on any grounds (i.e. race, religion, politics, gender, sex etc).
You do, however, have a professional duty of care. The Code of Conduct for Doctors in Australia provides an obligation to keep yourself, your staff and your other patients safe when caring for patients. If a patient poses a risk to the health and safety of other people in your practice you must take action to protect against that risk. The Code further states that a patient should not be denied care if reasonable steps can be taken to keep you and your staff safe.'
What Can You Do?
The question comes down to whether you can take any other steps to mitigate the risk to staff and other patients. Considerations might include the presenting symptoms of the patient. If they are exhibiting COVID like symptoms you could consider that would significantly increase the risk to your practice.
Things to Consider:
How large is your waiting room?
Is there room in the waiting room for patients to maintain adequate social distance from each other? If not, the risk to other patients, particularly those who have pre-existing conditions is significantly high.
Could patients be asked to wait in their cars or outside?
Is there a condition that is preventing the patient from wearing a mask?
Can an alternative mask or face covering be used?
What are the demographics of your practice? Do you treat a large number of high-risk patients?
You should consider all aspects of your practice and make a risk-based decision about accepting patients without a mask.
No Mask, No Treatment - What Now?
If you choose not to treat patients who do not wear a mask, you should follow the steps set out in the Code of Conduct. It establishes the standards for clear and transparent communication and how to facilitate alternative care for the patient.
Legal PPE For Your Practice?
In this new environment, we are facing brand new challenges on a regular basis and it can be overwhelming. At You Legal, we have quickly realised this, and have created a ‘Governance Health Check’. A You Legal Lawyer will consider the individual circumstances of your business and we will advise you of the steps required to protect your practice from any vulnerabilities we discover.
The Governance Health Check is available here.
QUESTIONS?
If you would like to enquire how we might work together to assist you, connect with us. We look forward to being able to support you to minimise your risk and maximise your potential.