Professional codes of conduct expressly proscribe entering into a sexual relationship with a current patient, but the position is less clear concerning former patients
All 15 regulated health professions in Australia have profession‐specific codes of conduct which expressly proscribe entering into a sexual relationship with a patient. It is widely accepted that such conduct is so serious that it amounts to professional misconduct in most circumstances. However, the position is less clear concerning former patients. This article considers guidance from tribunal level health disciplinary decisions on when a person is a former patient, and when a sexual relationship with a former patient will nevertheless be misconduct.
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- 1. Optometry Board of Australia. Code of conduct for optometrists. Melbourne: AHPRA, undated. https://www.optometryboard.gov.au/Policies-Codes-Guidelines.aspx (viewed June 2020).
- 2. Nurses and Midwifery Board of Australia. Code of conduct for nurses. Melbourne: AHPRA, 2018. https://www.nursingmidwiferyboard.gov.au/codes-guidelines-statements/professional-standards.aspx (viewed June 2020).
- 3. Nurses and Midwifery Board of Australia. Code of conduct for midwives. Melbourne: AHPRA, 2018: https://www.nursingmidwiferyboard.gov.au/codes-guidelines-statements/professional-standards.aspx (viewed June 2020).
- 4. Aboriginal and Torres Strait Islander Health Practice Board of Australia. Code of conduct. Melbourne: AHPRA, 2014. https://www.atsihealthpracticeboard.gov.au/Codes-Guidelines/Code-of-conduct.aspx (viewed June 2020).
- 5. Chinese Medicine Board of Australia. Code of conduct. Melbourne: AHPRA, 2014. https://www.chinesemedicineboard.gov.au/Codes-Guidelines.aspx (viewed June 2020).
- 6. Chiropractic Board of Australia. Code of conduct. Melbourne: AHPRA, 2014. https://www.chiropracticboard.gov.au/codes-guidelines/code-of-conduct.aspx (viewed June 2020).
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- 8. Medical Radiation Practice Board of Australia. Code of conduct. Melbourne: AHPRA, 2014. https://www.medicalradiationpracticeboard.gov.au/Codes-Guidelines/Codes-and-Guidelines/Code-of-conduct.aspx (viewed June 2020).
- 9. Occupational Therapy Board of Australia. Code of conduct. Melbourne: AHPRA, 2014. https://www.occupationaltherapyboard.gov.au/Codes-Guidelines/Code-of-conduct.aspx (viewed June 2020).
- 10. Osteopathy Board of Australia. Code of conduct. Melbourne: AHPRA, 2014. https://www.osteopathyboard.gov.au/codes-guidelines/code-of-conduct.aspx (viewed June 2020).
- 11. Paramedicine Board of Australia. Code of conduct (interim). Melbourne: AHPRA, 2018. https://www.paramedicineboard.gov.au/Professional-standards/Codes-guidelines-and-policies.aspx (viewed June 2020).
- 12. Pharmacy Board of Australia. Code of conduct. Melbourne: AHPRA, 2014. https://www.pharmacyboard.gov.au/Codes-Guidelines/Code-of-conduct.aspx (viewed June 2020).
- 13. Physiotherapy Board of Australia. Code of conduct. Melbourne: AHPRA, 2014. https://www.physiotherapyboard.gov.au/Codes-Guidelines/Code-of-conduct.aspx (viewed June 2020).
- 14. Podiatry Board of Australia. Code of conduct. Melbourne: AHPRA, 2014. https://www.podiatryboard.gov.au/Policies-Codes-Guidelines/Code-of-conduct.aspx (viewed June 2020).
- 15. Medical Board of Australia. Good medical practice: a code of conduct for doctors in Australia. Melbourne: AHPRA, 2014. https://www.medicalboard.gov.au/Codes-Guidelines-Policies/Code-of-conduct.aspx (viewed June 2020).
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- 17. Australian Psychological Society. APS code of ethics. Melbourne: APS, 2007. (Adopted by the Psychology Board of Australia in 2010). https://www.psychology.org.au/About-Us/What-we-do/ethics-and-practice-standards/APS-Code-of-Ethics (viewed June 2020).
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- 19. Millbank J. Serious disciplinary proceedings against Australian health practitioners for sexual misconduct. Melbourne Univ Law Rev 2020; In press.
I thank the UTS Law Health Justice Centre for providing funding for a research assistant to gather cases, and research associate Eloise Chandler for database management and Ray Carr for research assistance.
I have been a part‐time senior member of the NSW Civil and Administrative Tribunal (NCAT), Occupational Division since 2015. This role involves presiding in health disciplinary matters under the National Law, including one case referenced here. The views expressed in this article are mine alone and do not represent NCAT. NCAT had no role in the design or conduct of this research.