Mandatory notification and mental health
Many health practitioners avoid seeking help for mental health issues because they are concerned about mandatory notification to their registration board, with possible implications for their ability to practice. Whilst it is true that a treating health practitioner (such as a GP, psychiatrist or psychologist) has certain obligations when providing care to other health practitioners, it is important to understand that the threshold for making a mandatory notification as a treating health practitioner is higher than it is for other notifier groups. The reason for this higher threshold is to give practitioners confidence to seek help without the fear of mandatory notification.
What does this mean in practice?
A treating practitioner must form a reasonable belief that their patient is practising with an impairment and they are placing the public at substantial risk of harm. They need to take into account:
the nature, extent and severity of the impairment
what steps a practitioner-patient is taking, or willing to take, to manage the impairment
how well the impairment can be managed with treatment, and
any other matter relevant to the risk the impairment poses.
An impairment is an illness or condition that is likely to have an impact on the way a healthcare worker provides care to patients. It would need to be severe and not being managed adequately in order to pose a risk to patients. Not all impairments need to be reported. A healthcare worker may have an impairment that has an impact on their capacity to practise, but if it doesn’t pose a substantial risk of harm to patients, then it would not trigger a mandatory notification.
The confusion for many healthcare workers is the belief that a mental health diagnosis, such as depression, anxiety disorder or burnout, would automatically lead to a mandatory notification. A mental health condition is not the same as an impairment.
Ahpra provides the following example for guidance:
Example: A practitioner-patient has a mental health condition, which is stable. Because the practitioner-patient is engaged in and complying with treatment, there is no substantial risk of harm to the public. This would not trigger a mandatory notification.
Recent changes to the legislation regarding mandatory notification to increase the threshold for reporting were designed to encourage practitioners to seek health care, and to clarify the difference between a health condition and an impairment. The key is to seek care for mental health problems early, before they have the opportunity to become an impairment.
If you are experiencing struggles, it is important that you seek professional help for your mental health. Mandatory notification should not be a barrier, but if you are worried, speak with your treating practitioner about your concerns.