The Australian Medical Association has submitted strong recommendations to the National Health Practitioner Ombudsman (NHPO) calling for legislative changes to curb the Australian Health Practitioner Regulation Agency's (Ahpra) use of immediate action powers against medical practitioners.
The AMA's submission argues that this extreme power - which allows Ahpra to suspend practitioners or impose conditions before any wrongdoing is proven - is being used too readily and with insufficient oversight, often leaving practitioners in professional limbo for years.
AMA President Dr Danielle McMullen emphasised the need for balance in the regulatory system: "Patients need to have faith in the regulatory system governing doctors, and doctors need to be entitled to fair process with a concern for their wellbeing when an investigation arises."
The AMA has recommended several changes to the Health Practitioner National Law, including mandating that Ahpra has a duty of care to practitioners to minimise mental health impacts and financial hardship during investigations.
Additionally, the submission calls for the Medical Board to justify immediate action to the NHPO within one week of implementation and to establish reasonable timeframes for resolving cases.
"We are extremely concerned by experiences shared with us from practitioners. We heard examples of the power being used when it was unclear what the risk to the public was, and of practitioners left waiting for years with minimal communication from Ahpra," Dr McMullen said.
The submission notes the serious consequences for practitioners under investigation, referencing Ahpra's own Expert Advisory Group findings of 16 deaths and four instances of attempted suicide or self-harm among practitioners subject to regulatory notifications.
