The regulator has publicly named a healthcare professional who it is in the midst of investigating.
After more than two years, AHPRA has used its so-called “name and shame” power to issue a public statement naming a suspended practitioner for the first time.
As part of a raft of reforms to the Health Practitioner Regulation National Law which came into effect in May 2023, AHPRA is permitted to warn the public about a serious risk from an individual who is subject to an ongoing investigation or disciplinary proceeding.
At the time, there was considerable pushback from registered practitioners.
The public statement released by AHPRA on Monday concerns a practitioner with dual registration who was suspended from practicing in both registered professions since February of this year.
AHPRA said it believes that this person, who The Medical Republic has chosen not to identify, is continuing to present themselves as a registered practitioner while suspended.
This individual is also currently facing criminal charges in their state, to which they have pleaded not guilty.
The regulator is urging members of the public who believe they have received treatment from the suspended practitioner to contact its criminal offences unit.
AHPRA CEO Justin Untersteiner said the decision to issue a public statement may only be made when there was a reasonable belief that a practitioner poses a serious risk.
“Issuing this statement today means we can warn the public while we continue to take steps to assess and investigate matters that could raise a serious risk to the public,” he said.
AHPRA has always maintained that there would be a very high legal threshold to cross before the power was used, and that it would be used in exceptional circumstances only.
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“The decision is always based on the need to protect the public from serious risk,” AHPRA’s FAQ page reads.
“We give the practitioner or unregistered person written notice outlining the reasons why we consider it necessary to issue a public statement and give them an opportunity to respond before a decision is made.
“We will make every effort to reach out to the registered practitioner or person via SMS to alert them to the written notice.”
According to AHPRA, a “full natural justice process” was followed before making the public statement; due to confidentiality obligations, though, it cannot comment on the reasons that it made the public statement.
The regulator said that the practitioner was provided with an opportunity to make submissions as required by the law and was provided with all the information pertaining to the decision to make a public statement.
Under AHPRA guidelines, practitioners get a minimum of 24 hours after being given the opportunity to respond to a written notice and after a decision to issue a public statement has been made.
Public statements may be revised at any time, and revoked if the grounds on which the statement was made prove to be false or no longer exist.
