Bayside doctor Dr Edward Robert Eaves ordered to pass breath test before seeing patients

A Bayside doc must be breath tested before treating patients.

A veteran Bayside gastroenterologist specialist has to pass regular breath tests before and during work or he is not allowed to treat patients.

Dr Edward Robert Eaves, who worked at Melbourne, regional and interstate practices during his 40-year plus career, was sanctioned after the Medical Board of Australia “formed a reasonable belief” the doc has or may have an “alcohol use disorder”.

Dr Eaves, who must also undertake medical treatment, appealed the sanctions and applied for a gag order at the Victorian Civil and Administrative Tribunal.

The tribunal heard the director of Dr Eaves’ practice told the Medical Board there was “no concrete evidence” that Dr Eaves had practised while intoxicated.

The tribunal was told an “anonymous caller” tipped off the board with concerns about Dr Eaves.

The tipster “advised” Dr Eaves often fronted to work in a “bad state” and “smelling of alcohol”.

The caller also said Dr Eaves’ “health” affected the practice because patients had to be “constantly rescheduled”.

Dr Eaves also regularly made last-minute cancellations on patients who were already prepped and ready for procedures, the tribunal was told.

The whistleblower said Dr Eaves placed “added strain” on the nursing staff and some anaesthetists who refused to work with him.

Dr Eaves claimed the concerns were made “vexatiously or maliciously” and the allegations were “nonsense”.

The doc also claimed he’s never had an alcohol disorder.

Addiction medicine specialist Dr Mathew Frei assessed Dr Eaves at the request of the board and his report was provided to the tribunal.

Dr Frei observed there had “apparently been a caring … and diligent arrangement” at the practice where Dr Eaves worked.

“A de facto system of informal but effective monitoring and oversight which served as a safety net,” Dr Frei says in his report.

Dr Frei, who noted Dr Eaves held a “special position” within the practice, considered “it unlikely that similar protective features would be present in other workplaces”.

Dr Frei also said it was difficult to know if staff at other workplaces would be as “attentive and effective” in monitoring a potential risk in senior medical employees as Dr Eaves’ practice had been.

Dr Eaves has stopped treating at the practice but remains involved as a director.

Dr Eaves also consumed alcohol the day he was required to see a psych who was to determine whether he had an impairment as a result of his alcohol use, the tribunal found.

“We reasonably believe that Dr Eaves has or may have a disorder that detrimentally affects or is likely to detrimentally affect his capacity to practise the profession,” the tribunal said.

“We recognise that any decision-maker must be cautious where notifications are made anonymously and when the practitioner asserts that they are made maliciously.

“We consider nevertheless that there are proven objective circumstances that are sufficient to justify our belief.”

“We have an inclination of the mind towards assenting to, rather than rejecting, the proposition that Dr Eaves has or may have a disorder that detrimentally affects or is likely to detrimentally affect his capacity to practise the profession of medicine.”

Dr Eaves must undertake breath testing no more than 30 minutes before and no more than 30 minutes after practising and undertake random testing during practice when required.

Dr Eaves must also undertake random breath testing while practising.

The tribunal also dismissed Dr Eaves application to have his identity suppressed.

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