A Queensland Health “gag order” banning medical students disclosing information inside hospitals has been slammed by students, who fear a premature end to their careers if they refuse to comply.
The so-called “Student Deed Poll” was sent this week to third year medical students at the University of Queensland who are about to undertake clinical rotations in the state’s hospitals. It threatens them with financial penalties for a “breach” of any one of the vaguely-worded 26 points drafted by Bligh government lawyers.
Students, who were not consulted about the document’s contents, are prevented from discussing any “confidential information” gleaned during their placements, despite the retention and circulation of data often being central to their medical training. Queensland Health aren’t required to prove malfeasance before slapping stressed students with an injunction — a mere “suspicion” of a breach is grounds for action.
Crikey understands that other states’ confidentiality agreements are drafted by universities, not health departments, and contain far fewer clauses than QH’s 2500 word, seven-page, 26-point monster. NSW Health’s clinical placements document contains basic information on police checks, however students are also required to sign the general NSW Health code of conduct.
“This QH document is unreasonable, goes well beyond protection of patient privacy and is about ‘gagging’ any commentary at all about any aspect of Queensland Health,” one irate student wrote on the University of Queensland Medical Society website. “I can’t imagine why Queensland Health thinks that any medical student particularly wants to spend their time gossiping … we honestly have better things to do with our time, such as study — this document is a product of paranoia and has no basis to be presented to students as a mandatory document.”
The deed even contains its own internal secrecy clause banning students from discussing its existence and its contents — despite its public availability on the Queensland Health website.
In some instances, students are required to write out “confidential” hospital information such as patient numbers on their assignments, an act that would put them in breach of the deed and expose them to lawsuits.
Other concerns include the deed’s “onerous and unreasonable” wording, the lack of prior consent and the waiving of the presumption of innocence usually granted under misconduct allegations. Students have no choice but to sign — a failure to complete third-year placements would halt their eventual graduation and employment as doctors and specialists.
In one clause, the document directs students not to “distribute, copy or take photocopies” of policies relating to particular procedures or medications. However, it is necessary for students to take home many of these documents to study thorny topics like post-operative thromboprophylaxis, the Warfarin Protocols and the Chest Pain Management Flow Chart.
In another scenario, a student discussing a patient’s medical history in a hospital corridor could be exposed to the possibility of court action.
Australian Medical Students Association President James Churchill said his organisation was investigating the document and expressed concerns over students’ invidious positions.
“We need to make sure the Queensland students are not being taking advantage of in their need to undertake their placements in Queensland Health,” he said. “I think the question here is whether the Queensland document is in the right spirit or overly complex or overly harsh. It’s putting these students in a very difficult position I think.”
The issue of medical secrecy is a sensitive topic in Queensland following the notorious case of Bundaberg surgeon Jayant Patel. Government prosecutors relied upon medical staff to blow the whistle with Anna Bligh lauding that the hospital employee who spoke up, Toni Hoffman, for her “great service by whistleblowing on an important case”. Hoffman received the 2006 Australian of the Year Local Hero Award for her role as a whistleblower.
UPDATE: After Crikey‘s deadline, Bronwyn Nardi — Queensland Health’s Acting Deputy Director-General of Policy, Strategy and Resources — released the following statement:
“All clinical staff and students need to understand that patient confidentiality is a critical part of this job.
“The duty of confidentiality is a long-standing requirement and is already enshrined in legislation.
“Whistleblower rights are also enshrined in legislation and nothing in the document removes them.”
9 thoughts on “Medical student outrage over Queensland Health gag order”
zut alors
February 22, 2012 at 2:13 pmQueensland Health has ‘form’ in many areas. Apparently it’s a preferred place for royalty to work – particularly Tahitian princes.
Coaltopia
February 22, 2012 at 2:24 pm“waiving of the presumption of innocence”… better not give QPS any ideas.
The diving swan
February 22, 2012 at 2:39 pmI think Queensland Health is getting a bad rap here. The NSW Code of Conduct used as a less onerous comparison is 44 pages even if the acknowledgment that a NSW student signs agreeing to comply with it is a couple of pages. Having students acknowledge the confidentiality of the information they have access to is hardly unreasonable even if those with vested interests think any restriction unreasonable.
Sabre Bleu
February 22, 2012 at 3:01 pm1984 – George Orwell
Edward James
February 22, 2012 at 4:08 pmQueensland Health/government is attempting to do what governments right across Australia are doing. trying to limit the information which gets out. They are doing whatever they can get away with to keep information away from the grass roots community, whom they expect may react badly. I have not forgotten how over two years ago NSW Health tried to use their code of conduct to prevent NSW Health employees from exercising their civic freedoms to speak out against the Labor government for closing down our rehabilitation ward at Woy Woy Public Hospital. We who pay the taxes are the ones who should be dictating what our elected reps legislate or regulate. Do not forget The Bligh government has refused to discuss its reasons for paying a hundred and twenty thousand dollars to Annette McIntosh, 37, who is one of the living victims of Shreddergate – a 20-year controversy involving politicians, shredded documents child abuse and “hush money”. Politicians put self interest first ! Edward James
D J
February 22, 2012 at 5:08 pmQld Health’s statement at the end of that article is intentionally deceptive, seeking to make this issue seem only about patient confidentiality.
All students (medical, nursing, etc) are committed to protecting patient confidentiality – read the document and you will see it is 5% about protecting patients and 95% about protecting Qld Health…
It is a power grab by Qld Health to bully students.
Where is the document protecting students from Qld Health? If this is legitimate then why have a secrecy clause?? Why have no consultation process with students??
And why, Bronwyn Nardi, do we even need to force this contract on students since, as you yourself admit: “The duty of confidentiality is a long-standing requirement and is already enshrined in legislation.”
Could it be an election year with some skeletons draped in dirty hospital linen in the closet…?
Ian
February 22, 2012 at 10:32 pmYet another move designed to decrease government transparency and hence accountability. It’s more censorship which leads to a less well informed and therefore more docile public; as if we aren’t docile enough as it is.
Peter Ormonde
February 23, 2012 at 7:13 amAh yes, the shell-backed bureaucrats strike again.
State administrations (as opposed to State Governments) really run the show in Australia. The mediocrities attracted to State politics are generally too pre-occupied with their factional game playing and advancing their personal interests to pay much attention to these “minor” administrative issues.
Not all state politicians are inept and incompetent … just the overwhelming majority. The D grade teams.
Never is this more evident that at a State/Federal chinwag like the old Premiers’ Conference and COAG circuses where ministers and premiers are incapable of answering questions without a bureaucrat minder passing them the script. In essence they just look like – and act like – the hired spruikers of the bureaucracies they serve.
Not just Queensland – all of them.
But Queensland Health – like the Queensland coppers – seem to control and manage Governments rather than the reverse.
We are deeply ill-served by the existing arrangements. And it has been ever thus in NSW.
Putting the interests of a bureaucracy over the interests of the public should be a criminal offence. Hiding problems, interfering with the flow of public information, is corrupt conduct.
Ian
February 23, 2012 at 4:00 pmAnd there I was thinking it was the corporations controlling government. I guess they and the bureaucracy act in concert, after all there’s that ever present revolving door thing going on between the two.