The Patient's Right to Know

Patient's expectations have changed from being an acceptor of doctors' orders to being an active partner in a therapeutic relationship. In Australia, General Practitioners (GPs) are the “gatekeepers” for specialists' referrals. The Australian Health Practitioner Regulation Agency (AHPRA) maintains an online searchable register of doctors. Details displayed include registration conditions, undertakings and reprimands. Doctors who practice privately in Australia are regarded as carrying on a business covered by consumer protection legislation. Australian Consumer Law (ACL) prohibits false or misleading representations in connection with the supply of goods or services. Under the ACL, a GP's conduct is misleading if representations about the specialist are inaccurate, or the overall impression conveyed is likely to mislead the patient. Many patients lack the time, energy or desire to seek out registration details of specialists, and rely on GP advice. A key issue for GPs is knowledge of any specialists' registration conditions: Is there a duty on a referring practitioner to check and advise the patient of any conditions? Is there a duty on the regulating body to advise practitioners of specialists whose registration is restricted? Even though disclosure may cause distress to the practitioner, this does not mean that disclosure would be unfair. Rather, the relevant question is whether there is a legitimate public safety interest in disclosure. A balance should be struck between the rights of the individual practitioners and the public expectation of safety, competency and currency. This paper suggests that consumer laws could be used strike this balance, requiring referring physicians to inform patients about the regulatory status of the physician to whom they are being referred.