30 | Vicdoc August / September 2019 HWL Ebsworth is a full service commercial law firm providing expert legal services at competitive rates. Through our combination of legal specialists and industry experience, HWL Ebsworth is ideally placed to protect the interests of our clients while enabling them to achieve their commercial and operational objectives. HWL Ebsworth is currently ranked as the largest legal partnership in Australia according to the most recent partnership surveys published by The Australian and the Australian Financial Review. HWL Ebsworth's Health and Aged Care Services Team offers clients decades of experience representing medical practitioners in various areas of health and aged care law. The Health and Aged Care Services Team can help guide you through the increasingly complex operational, legislative and policy framework. We can provide you informed legal advice on negligence claims, adverse incidents, disciplinary and commercial issues at all levels. With considered legal advice our team can assist you to operate a commercially viable business that complies with the health services industry’s unique and ever changing regulatory environment. As a member of AMA Victoria, this partnership provides you with legal assistance and support, both individually, for your business and your staff. HWL Ebsworth will provide AMA Victoria members with an initial consultation by phone or in person at no cost (up to 30 minutes). Take advantage of this benefit with advice from highly qualified lawyers on: ▪ Setting up your practice, including buying a business, business structuring, contracts and advice on restraint of trade clauses; ▪ Running your practice, including employment, service, and locum contracts and corporate governance; ▪ Group practice issues and bringing in additional owners including partnership, shareholder and buy-sell agreements; ▪ Selling your practice including helping to get ready for sale, workout and earn-out arrangements; ▪ Resolution of disputes about restraints, contracts (including building contracts and shareholder agreements) and debt collection; ▪ Regulatory issues including investigations by the AHPRA, Medicare, Privacy Commissioner and HCC; ▪ Your personal matters including buying, selling and leasing property; and ▪ Estate planning including creating and documenting strategies to transfer wealth from one generation to the next. UNIQUE OFFER TO AMA VICTORIA MEMBERS Adelaide | Brisbane | Canberra | Darwin | Hobart | Melbourne | Norwest | Perth | Sydney hwlebsworth.com.au Scott Chapman Partner P (02) 9334 8609 E
[email protected] Sophie Pennington Partner P (03) 8644 3556 E
[email protected] Peter Dreher Partner P (03) 8644 3616 E
[email protected] Social media - the dos and don’ts The Australian Health Practitioner Regulation Agency (AHPRA) has developed a Social Media Policy to help medical practitioners understand their obligations. It makes clear that medical practitioners should not only be cautious about posting information that is in breach of their legal obligations, but also their ethical and professional obligations. Professional conduct Even if social media is not being used for a work related purpose, social media use can and will be scrutinised by medical regulators when determining what is appropriate professional conduct. In the case of Dr Lee, the Tasmanian Health Practitioners' Tribunal suspended him for a period of six weeks and imposed conditions requiring him to undertake education on ethical behaviour and communications, particularly in the use of social media. The Tribunal found that comments he made on a personal online forum in 2016 were: '… socially unacceptable and extreme sentiments which are disrespectful of women and comment upon violence towards or sexual abuse of women. Some of the online posts might reasonably be interpreted as being racially discriminatory and contrary to acceptable social norms in Australia… a reasonable person reading the online posts, could reasonably infer from the tenor of them the respondent…would not ethically and professionally treat particular patients or fully abide by the Hippocratic Oath expected of medical practitioners in Australia.…' Other case examples include: • A senior hospital doctor in the United Kingdom being disciplined for ranting offensively about accident and emergency patients at the hospital where the doctor worked. • An American doctor found to have engaged in unprofessional conduct for revealing patient information on her Facebook account. The doctor did not share personal details of patients but in describing her experiences in a hospital emergency department, she included enough detail to allow a third party to identify patients. Advertising The Social Media Policy should be read in conjunction with the AHPRA Guidelines for Advertising Regulated Health Services. Any form of advertising on social media is subject to section 133 of the Australian Health Practitioner National Law which prohibits advertising that is: a) false, misleading or deceptive b) offers a gift, discount or other inducement c) uses testimonials or purported testimonials d) creates an unreasonable expectation of beneficial treatment or encourages the indiscriminate or unnecessary use of health services. Summary Therefore, when using social media: DO • think before you post • only post something that you would be comfortable to say in person, face-to-face • be aware of your professional obligations as a medical practitioner • consider who, and how many people, will read your post • be aware of the social media policy at your workplace. DON'T • post anything that could be considered offensive or discriminatory • post anything at all about patients • post personal content on professional accounts • advertise medical services • identify yourself as a medical practitioner if using a personal account, or hold yourself out as a professional. Scott Chapman Partner, National Group Head – Health HWL Ebsworth Lawyers e:
[email protected] Karen Keogh Partner HWL Ebsworth Lawyers e:
[email protected] www.hwlebsworth.com.au Use of social media today is widespread both for personal and work related use. Whilst initially some social networks were intended only for personal use and others for work related purposes, the line is becoming blurred and recent high profile cases where disciplinary action was taken against Israel Folau by Rugby Australia and Dr Christopher Kwan Chen Lee by the Tasmanian Health Practitioners' Tribunal should act as a warning that care needs to be taken by any professional when using social media.