Sunshine Coast doctor Richard Heath successfully applies to resume treating female patients
A tribunal has ruled a Sunshine Coast doctor, at “serious risk” of inappropriate conduct with women patients over contraceptive devices, be allowed to treat females for other matters.
Sunshine Coast
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A Sunshine Coast doctor, accused of misconduct by five women, will be be able to treat female patients again after a successful application to review a previous ban.
Doctor Richard Heath brought an application against the Medical Board of Australia in the Queensland Civil and Administrative Tribunal in March this year, seeking to have “less onerous conditions” imposed after the board ordered he stopped treating all female patients.
The court documents stated Dr Heath was facing “significant financial pressures” as a result of the ban.
Dr Heath, who has been working as general practitioner on the Sunshine Coast since 1991 and operates two health clinics in Mt Coolum and Noosa, was banned from treating female patients after a series of complaints were made about alleged inappropriate behaviour.
Five women made formal complaints with the Office of the Health Ombudsman after attending appointments with Dr Heath about contraceptive devices.
Among the allegations were claims Dr Heath made inappropriate comments that left one woman, “shocked, confused and extremely uncomfortable”.
Another patient claimed Dr Heath told her, “You mustnt [sic] have had a good root for a while”, after she described issues she was having with the Implanon bar.
Dr Heath denied saying the comment.
The court documents also described another woman’s complaint, in which she stated she has avoided male doctors after Dr Heath inappropriately touched her during a consultation.
“Dr Heath held her bodyweight against his forearm, such that her breasts were pressed against his forearm, which she found to be unusual and unlike previous examinations she has had,” the documents stated.
Dr Heath claimed the interaction did not happen.
QCAT judge Geraldine Dann found two of the five patients may have perceived Dr Heath’s behaviour to be inappropriate given the nature of procedures he performed as well as their existing anxiety surrounding the appointments.
“The tribunal is of the view that miscommunication has the potential to be heightened where there is no pre-existing relationship, or when a patient may be hypervigilant, or both in a consultation of this type,” the documents stated.
However, the tribunal ultimately found Dr Heath posed a serious risk to women when discussing contraceptive devices.
“The tribunal is, however, satisfied, given the number of complaints and the 2017 caution that there is a serious risk Dr Heath will communicate inappropriately with female patients in consultations about contraceptive devices and that, consequently, his actions may give rise to concerns in the patients about the propriety of the consultations,” the documents stated.
It was ordered Dr Heath resume treating female patients on the condition he did not conduct consultations or perform procedures involving contraceptive devices.
Dr Heath said he welcomed the decision by the tribunal and thanked his supporters.
“I have been humbled by the overwhelming support of my patients, staff and family during the last six months,” Dr Heath said.
“The QCAT ruling is very positive, and I appreciate the judge’s meticulous work in upholding my appeal and allowing me to return to my general practice.”
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