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The health of health practitioners: remedial programs, regulation and the spectre of the law
Authors:Freckelton Ian  Molloy Patricia
Affiliation:Barristers' Clerk Howells, Owen Dixon Chambers, 205 William St, Melbourne, Victoria 3000, Australia. I.Freckelton@vicbar.com.au
Abstract:
The past two decades have seen an emerging awareness by regulators and some of the health professions about the phenomenon of the impaired practitioner. One response, particularly from the medical profession, has been to design various models of health programs principally to cater to psychiatrically unwell and substance dependent practitioners. However, the health conditions of practitioners are more diverse than these categories, particularly in the era of a stressed and ageing health care workforce. The potential exists for practitioners, their treaters and employers to be legally liable for foreseeable risks posed to patients and clients by practitioners whose health is problematic and/or deteriorating. There is much to be said for practitioners, health service administrators, educators and regulators dealing more effectively with all categories of impaired practitioners before the intervention of the civil law which may not be adequately informed or sophisticated and is most unlikely to be collaborative in its approach.
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