AHPRA launches confidentiality overhaul in wake of pharmacist murder attempt

A disgruntled doctor’s attempt to kill a pharmacist at Port Lincoln has sparked a major confidentiality overhaul for a national medical watchdog.

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The attempted murder of a Port Lincoln pharmacist by an Adelaide GP who she had reported for overprescribing drugs has led to an overhaul of the national medical practitioner watchdog’s confidentiality procedures.

A review, published this week, recommended the Australian Health Practitioner Regulation Authority implement rigorous confidentiality procedures and facilitate the creation of new laws designed to protect notifiers from harm and threats.

The review was prompted by a letter from a South Australian Supreme Court Justice who warned that people who made complaints against medical professionals were being put at risk.

Dr Brian Holder, 71, was found guilty of attempted murder for trying to stab the pharmacist with a six inch filleting knife at her pharmacy in October 2017.

Justice Ann Vanstone sentenced Holder to 15 years in prison with a ten year non-parole period.

Justice Ann Vanstone whose letter to AHPRA spurred an investigation into the watchdog’s confidentiality procedures.

Shortly after sentencing Justice Vanstone wrote to AHPRA, which had disclosed the pharmacists details to Holder, recommending urgent change.

She wrote that other than the complaint, Holder and the pharmacist were unconnected.

“It should not be assumed that professional people are of good character and are to be entrusted with information which would not be provided more widely,” she wrote.

As a result of the letter the National Health Practitioner Ombudsman and Privacy Commissioner launched a review into AHPRA’s confidentiality safeguards.

As part of the review the pharmacist said she was unaware that Holder had been given the address of her workplace as well as her name.

“I would like the current process and policies to be changed so that future notifiers are safe and feel supported in their difficult decision to lodge a notification,” she said.

“The attack is ever present in my thoughts and it is something I continue to deal with, both physically and mentally, on a daily basis.

“I feel the notifications process and AHPRA’s procedures are flawed, and this must be changed to protect future notifiers and prevent something like this occurring again.”

The Ombudsman and Privacy Commissioner recommended AHPRA:

CONSIDER confidentiality for every complaint received.

IMPROVE training and procedures for staff managing complaints.

INTRODUCE a new element to the Health Practitioner Regulation National Law to make it an offence to “harm, threaten, intimidate, harass or coerce” a notifier.

CREATE a framework for dealing with vexatious notifications.

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The pharmacist reported Holder in April 2017 for overprescribing addictive opioid pain killers.

She made a verbal complaint over the phone but was told the notification would “carry more weight” if she put it in writing and allowed her name to be released.

As part of the disclosure of the complaint to Holder he was told the pharmacists name and where she worked.

Three days after his registration was restricted by AHPRA in October 2017 Holder travelled to Port Lincoln. The next day he tried to murder her.

AHPRA Chief Executive, Martin Fletcher, said he would adopt all ten recommendations.

‘‘Information disclosed to us by notifiers is critical to our work as a regulator and keeping the public safe,” he said.

“So, it is vital that individuals feel safe to raise their concerns with us.

Originally published as AHPRA launches confidentiality overhaul in wake of pharmacist murder attempt