AMA, MPs warn doctors against plans to ban unvaccinated patients

GPs fearing clinics could be shutdown due to unjabbed patients have been told bans could bring legal trouble while triggering unintended side effects.

Doctors are looking to ban unvaccinated patients from clinics to minimise the risk of their practices being shut down, prompting the Australian Medical Association to issue legal guidance on the issue.

AMA state president Dr Michelle Atchison has written to members saying many are asking if they can choose to not see unvaccinated patients.

“We have been informed some practices may have already decided not to see unvaccinated patients,” she wrote.

“While keeping in mind a doctor’s ethical responsibility to our patients, our legal advice recommends that to minimise the risk of legal action on the basis of discrimination, a practice should exercise extreme caution in implementing a ‘blanket rule’ and instead consider (and be seen to consider) each case individually.

“The legal advice recommends that you should make every practical and reasonable effort to find a way to care for a patient who is unvaccinated.”

AMA president Dr Michelle Atchison said doctors who banned unvaccinated patients would need to be legally careful. Picture: Tricia Watkinson

This would include telehealth consultations, if the clinic has asked for proof of a negative test and if consultation areas are available to minimise risks — such as “car parks, in tents, or in rooms with separate entrances.”

The advice follows the warning from Royal Australian College of General Practitioners deputy SA and NT chair Dr Sian Goodson that: “Some practices will conduct all consultations via telehealth to avoid exposure to the virus and potential furloughing of the entire practice.”

Dr Atchison’s letter notes the Australian Human Rights Commission website gives some guidance, including reference to the Disability Discrimination Act 1992.

This states “it is not unlawful for a person to discriminate against another person on the basis of disability – either directly or indirectly – if the person’s disability is an infectious disease and the discrimination is reasonably necessary to protect public health.”

The website recommends anyone seeking to rely on this exemption should seek legal advice.

Opposition health spokesman Chris Picton warned any move by doctors to cut face-to-face visits could see a flood of people to hospital EDs.

Shadow Minister for Health Chris Picton said bans on the unvaxed could add even more pressure to struggling hospitals. Picture: Brenton Edwards

“Our public hospitals are already facing a ramping crisis – it would be a disaster if they were flooded with more patients who would otherwise go to a GP,” he said.

Dr Atchison tells members it has been a “very confusing time” and all sectors have problems trying to minimise risk.

“But health care is different. If we ‘go down’, our patients have nowhere to go for health care,” she writes.

She notes the question of seeing unvaccinated patients “is a particularly complex issue causing enormous stress and distress, as doctors weigh the care needs of an unvaccinated patient with those of the community.

“As doctors, we do not want to abandon even one patient, but it is a balancing act: if even one infection enters a clinic it could lead to the furloughing of one doctor or an entire practice – and that has drastic consequences for the community and the capacity of the entire health system.”

DR MICHELLE ATKINSON: Abusing caring GPs is way out of line

The first case of Covid-19 reported in South Australia was in February 2020. 

Since then, doctors, nurses and colleagues across our state have devoted themselves to caring for, and protecting, South Australians. Many have sacrificed their own health and wellbeing as they continue to care for people with the non-Covid medical conditions we see every day, while constantly trying to keep Covid contained and at bay. 

Yet we are now hearing that SA healthcare workers, and receptionists and other practice staff, are being abused. The receptionist at an Adelaide general practice received a “f--k you” on Tuesday when she tried to explain in a phone call to an unvaccinated person from another clinic what he would need to do to make an appointment. 

This person has chosen not to be vaccinated against Covid-19 and is now unhappy that they can’t access care when, and how, they want it under the SA Health guidelines in place since borders opened Tuesday. A regional practice has had posters protesting the health guidelines stuck on the front door. 

These are some of the ways people who choose not to follow guidelines introduced to keep them, and their fellow citizens, safe are choosing to express their annoyance that their “freedom” is being denied. 

As doctors, we respect that people have the right to choose not to be vaccinated. But in taking this course, they should also respect the right of everyone else to do what they can, and must, do to protect themselves, family members and the broader community. In a medical practice, this means we are implementing processes carefully designed to help keep ourselves and our staff safe so we can keep our doors open.

This is to protect the vaccinated, and unvaccinated, from infection. And to enable us to continue caring for our patients, no matter what their health concerns, as we “live with Covid” in the weeks and months ahead.

This will mean patients will be asked more questions than usual when they seek care – questions that will determine how we can care for them while minimising the risk that they will become infected while receiving care. 

Have you been vaccinated? Do you have respiratory symptoms? Have you been tested for Covid? What was the result? Is a telehealth consultation appropriate? Are you willing to be seen outside? The answers to these and other questions are one layer of the systems we are quickly putting in place to minimise risk. 

Some medical practices have weighed their ethical and care responsibilities to one patient versus their responsibilities to all patients and the healthcare system, and reluctantly determined they will not see unvaccinated patients face-to-face. 

As doctors, we do not want to abandon even one patient. But we don’t want to have all the good work of the past 22 months to be in vain. 

We are counting on South Australians to help us help you – and abusing us will not achieve that goal.

Dr Michelle Atkinson is AMA (SA) president

GP staff abuse sparks threats to ban unvaxed patients

By Renato Castello

Patients are abusing GP clinic staff over tougher treatment protocols aimed at stopping the potential spread of the Covid-19 virus.

A major southern suburbs practice has also warned angry patients could face potential bans from its Aldinga clinic after staff were “left in tears” following abuse.

Some GPs are banning face-to-face consults with unvaccinated patients, assessing them in clinic carparks or requiring they get a Covid test 48 hours before their appointment in a bid aimed at managing Covid risks to patients and staff since the reopening of borders.

Health At Campbelltown’s Dr Alvin Chua said his staff had been copping abuse with the “worst culprits the unvaccinated and self-entitled.”

Doctor Rod Pearce helps a patient administer a Covid test in a car park earlier this year. Picture: Emma Brasier

“Some of them are healthcare workers who should know better,” he said. “Yesterday I received an email from one patient saying they got treated than a third-world citizen, we offered them a carpark consult because they were unvaccinated.”

He said his practice, which also operates a clinic at Newton, is consulting unvaccinated patients, and vaccinated patients with cold and flu symptoms, in clinic car parks.

Aldinga’s Rowley Road Clinic condemned patients who abused staff who were “putting their lives in danger for all patients”.

“Dedicated staff today were left in tears despite trying very hard and all they are doing is applying the rules we need to follow,” the clinic said in a November 23 social media post said.

A post on the Rowley Road Clinic's Facebook page.

“It is sad that some people think it is appropriate to intimidate our staff at all, never mind just the admin and then be all nice to the doctor.

“Digressions will result in potential bans from the practice and you will find that all health related practices will do the same making your future health care access difficult.”

“We will treat and assess all patients but it will be the decision of the doctor ultimately how this is done and without any prejudice.”

The clinic declined to comment on the post when contacted by The Advertiser.

Australian Medical Association Vice President Chris Moy

Australian Medical Association Vice President Dr Chris Moy said there has been anger from unvaccinated patients and also over mandatory mask mandates.

He said unvaccinated patients could not expect to “barge” into clinics.

“Some will feel discriminated against but in fact it is equal treatment based on the great risk they pose to other patients, staff and the ability of a clinic to stay open,” he said.

“Although doctors should not abandon their patients, unvaccinated ones may have to be cared for differently to other patients … either (consulted) through telehealth, or outside (clinics) or at other times, away from other patients.”