Legitimate Medical Practice or Sexual Misconduct:

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Legitimate Medical Practice or Sexual Misconduct
Striving to Protect the Public
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Overview of this Presentation

• Case studies
• What we learned and what we changed

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Case study

• Two separate notifications in 2005 and 2006
• Related to medical examinations by specialist
  dermatologist in 2005 and 2004 respectively
• Patient 1
• Patient 2
• Outcomes of the investigations

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Case study

• Interaction with the police
• Court matters

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Subsequent activity

• Exceptions management process established 2007
• Working party - 2008

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Exceptions management process

• Identification of more serious matters -
  exceptions
• All matters triaged
• All matters go to a Vetting Committee

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Exceptions management pathway
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Questions to pose.

• Does this matter require a specific action plan?
• Do the CEO /- President need to be advised? Does
  the Board need to be advised?
• Does the Board need to make a decision? What
  information does the Board need?
• Do other stakeholders need to be notified (e.g.
  police, Ministers office, DHS, Health Services
  Commissioner?).
• What is the risk of this matter becoming public
  (define trigger points and likely timing)?
• Is a stakeholder management / communication plan
  required?
• Should a communications statement / QA document
  be drafted?
• Structure ongoing review / reassessment points

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Exceptions Management Benefits

• Structure around pre-existing mechanisms
• Timely
• Effective tool to support management of complex
  matters
• Filter for what / when to bring to Boards
  attention
• Right people involved
• Clarity of direction and responsibility
• Document trail

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Working party

• Is the Board missing sexual misconduct in the
  guise of legitimate medical practice, and if so,
  what can be done to better protect the public?
• Internal review of notifications
• Conducted by Board members/staff.

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Working Party - Data

• Three years of notifications 1,800 cases
• Cases of sexual misconduct identified 5
• Data analysis
• Categories of sexual misconduct
• Public involvement
• Board advice to notifier
• Outcome of investigation
• Board determination
• Matters involving same doctor

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Working Party - recommendations

• Internal review
• Notifiers
• Communications
• Public
• Profession
• Others
• Compliance
• Training

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In Closing .

• Public apology to notifiers
• Legitimate medical practice or sexual assault
• Communication