There is growing evidence that medical practitioners are discriminating more and more against people who have declined a Covid-19 vaccination.
I’ve yet to confirm them I must emphasise, but some credible stories I’ve been given are that, just here in Northern Tasmania: a GP clinic flat-out refuses to admit unvaccinated patients, even current patients of the clinic; a surgeon cancelling an orthopaedic operation. At least one of these is acknowledged by the state Health Minister. Less credible is the claim that a clinic is refusing a dialysis patient, but you should never underestimate the Covidians.
The big question is, of course: are they allowed to do this?
In the case of the allegedly refused orthopaedic surgery, the patient claims to have been told by Tasmanian Health Minister Jeremy Rockliff’s office: Hospitals are not allowed to deny health care based on Vax status. However, individual doctors have the discretion to.
But do doctors really have the discretion to deny health care based on vaccination status?
The Health Care Complaints Commission, the NSW authority that deals with complaints about health service providers, told TMR that doctors were generally not required to see a patient unless it was an emergency.
“Generally, a medical practitioner is not obliged to see a patient unless that person’s life is in danger and requires urgent medical assistance,” a representative said.
Of course, the practitioner should consider how other service arrangements might be made available to the patient.
“A practitioner has a broad duty of care to patients and appropriate assessment by telehealth, face to face consultation, or referral to another practitioner should be considered,” they said.
Okay, this sounds like a bit of a yeah, but, no, but… answer.
On the other hand:
A representative from AHPRA and the Medical Board of Australia said that doctors were expected to comply with the code of conduct, which sets out the expectations of registered medical practitioners in Australia […]
In relation to decisions about access to healthcare, the MBA code of conduct states:
Your decisions about patients’ access to medical care must be free from bias and discrimination. Good medical practice involves:
3.4.1 Treating your patients with respect at all times.
3.4.2 Not prejudicing your patient’s care because you believe that a patient’s behaviour has contributed to their condition.
3.4.3 Upholding your duty to your patient and not discriminating against your patient on grounds such as race, religion, sex, gender identity, sexual orientation, disability or other grounds, as described in antidiscrimination legislation.
3.4.4 Giving priority to investigating and treating patients on the basis of clinical need and the effectiveness of the proposed investigations or treatment.
3.4.5 Keeping yourself and your staff safe when caring for patients. If a patient poses a risk to your health and safety, or that of your staff, take action to protect against that risk. Such a patient should not be denied care if reasonable steps can be taken to keep you and your staff safe.
3.4.6 Being aware of your right to not provide or directly participate in treatments to which you conscientiously object, informing your patients and, if relevant, colleagues of your objection, and not using your objection to impede access to treatments that are legal. In some jurisdictions, legislation mandates doctors who do not wish to participate in certain treatments, to refer on the patient.
3.4.7 Not allowing your moral or religious views to deny patients access to medical care, recognising that you are free to decline to personally provide or directly participate in that care.
Medical Republic
Given all that, it would seem that any patient refused treatment solely on the basis of their vaccination status has excellent grounds to make a complaint to the Australian Health Practitioner Regulation Agency and the Medical Board of Australia.
New Zealand patients can find the Medical Council of New Zealand’s guidelines here.