| 1. | Convictions punishable with imprisonment
| 1.1 | The term "conviction", used in this pamphlet refers to a determination by a court in Hong Kong or elsewhere. Any offence punishable with imprisonment may lead to subsequent disciplinary proceedings, irrespective of whether a prison term is imposed or not. |
| 1.2 | In considering convictions the Council is bound to accept the determination of a court as conclusive evidence that the doctor was guilty of the offence of which he was convicted. |
| 1.3 | A particularly serious view is likely to be taken if a medical practitioner is convicted of criminal deception (e.g. obtaining money or goods by false pretences), forgery, fraud, theft, indecent behaviour or assault. The Council is also concerned with convictions for offences which might affect a doctor's fitness to practise. |
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| 2. | Disregard of professional responsibilities to patients
| 2.1 | Where a medical practitioner appears to have disregarded his professional responsibility to treat or care for a patient or otherwise to have neglected his professional duties. |
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| 3. | Abuse of alcohol or drugs
| 3.1 | Convictions for drunkenness, or other offences arising from the abuse of alcohol or drugs (such as driving a motor car when under the influence of alcohol or drugs). |
| 3.2 | Where a medical practitioner treats patients or performs other professional duties while under the influence of alcohol or drugs to such an extent as to be unfit to perform his professional duties. |
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| 4. | Abuse of dangerous or scheduled drugs
| 4.1 | Disciplinary proceedings may be taken in any case in which a medical practitioner prescribes or supplies drugs of addiction or dependence otherwise than in the course of bona fide and proper treatment. |
| 4.2 | Medical practitioners are required to maintain proper records of ALL dangerous drugs, whether supplied, dispensed, or administered and in strict accordance with the statutory forms under the Dangerous Drugs Regulations (Cap. 134). Failure to follow the above requirements of the Medical Council may result in disciplinary action. |
| (Note : Additionally, medical practitioners should in their own interest familiarize themselves with the laws of Hong Kong governing the supply of dangerous drugs, in particular, Regulations 5 and 6 of the Dangerous Drugs Regulations (Cap. 134) on the criminal sanction for any failure to keep proper records and requirements as to registers of dangerous drugs supplied. It should also be noted that if the Director of Health is of the opinion that it is in the public interest to do so, the Director may, under section 33 of the Dangerous Drugs Ordinance, withdraw absolutely from any person the authorization for the procurement, possession, supply or manufacture of certain or all dangerous drugs.) |
| 4.3 | When information is received that individual medical practitioners may have contravened any of the two provisions above, the Chairman of the Preliminary Investigation Committee of the Council may invite the medical practitioners to explain and justify their action. |
| 4.4 | Disciplinary proceedings will be taken against medical practitioners convicted of offences against the Dangerous Drugs Ordinance, Cap. 134 and the Regulations made thereunder committed in order to gratify the medical practitioner's own addiction. |
| 4.5 | Disciplinary proceedings may be taken against any registered medical practitioner who permits unqualified assistants to be left in charge of any place in which scheduled poisons or preparations containing scheduled poisons are supplied to the public. |
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| 5. | Labelling of dispensed medicines
| 5.1 | As from 1 January 1995, all medicines dispensed to patients directly or indirectly by a medical practitioner should be properly labelled with the following essential information :-
| (a) | Name of patient; |
| (b) | date of dispensing; |
| (c) | trade name or pharmacological name of the drug; |
| (d) | dosage per unit; |
| (e) | method and dosage of administration; and |
| (f) | precaution where applicable. |
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| 5.2 | The only exemptions are :-
| (a) | medicines for clinical trials with informed consent from patients; and |
| (b) | situations in which it may not be in the interests of the patient to label the medicine, such as medicines supplied solely for psychological effect on the patient. |
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| 6. | Termination of pregnancy
| 6.1 | In any case of termination of pregnancy or intention to do so if performed in circumstances which contravene the laws of Hong Kong. Medical practitioners performing terminations of pregnancy should in their own interest familiarize themselves with the laws of Hong Kong governing termination of pregnancy and, in particular, sections 46-47B of the Offences Against the Persons Ordinance, Cap. 212. |
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| 7. | Abuse of professional position in order to further an improper association or commit adultery
| 7.1 | Where a medical practitioner abuses his professional position in order to further an improper, immoral, or indecent association or to commit adultery with a person with whom he stands in a professional relationship. |
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| 8. | Abuse of professional confidence
| 8.1 | Where a medical practitioner has without proper justification disclosed information which was obtained in confidence from or about a patient. |
| 8.2 | Whatever the circumstances, a medical practitioner must always be prepared to justify his action if he has disclosed confidential information. If a medical practitioner is in doubt about disclosing information in a particular situation he will be wise to seek advice from a professional association or his legal adviser. |
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| 9. | Practice promotion
| 9.1 | Definition
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| Practice promotion means the promotion of a doctor, his work or his practice, by himself or others, and includes the provision of information, advertising, and canvassing in relation to both the public and patients. |
| 9.2 | Rule
| 9.2.1 | A doctor shall not engage in practice promotion or permit others to do so on his behalf or for his benefit, except in the manner described below. |
| 9.2.2 | A doctor who has a professional relationship with an organisation [e.g. a doctor who accepts for examination or treatment a patient referred to him by such organisation] which advertises any service that involves his participation should use his best endeavours to ensure that such advertising conforms with paragraph 9.3. Should any question be raised about a doctor's conduct in this respect, it may not be sufficient for any explanation to be based on the doctor's lack of awareness of the nature or content of the organisation's advertising. This is applicable to doctors in both private and public sectors.
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| 9.3 |
Principles |
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Any information provided by a doctor to the public or a patient :-
| (a) |
shall be legal, decent, honest, truthful and factual, accurate, and not exaggerated; and |
| (b) |
shall not claim superiority over or disparage other doctors or their work.
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| 9.4 |
Dissemination of information to the public |
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A doctor may provide information to the public only in the following ways :-
| 9.4.1 |
Signs |
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A doctor may exhibit in connection with his practice any sign which, in relation to its nature, position, size and wording, is reasonably necessary to indicate the location of, and entrance to the premises concerned. |
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Signboards |
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Definition. The word 'signboard' includes any composite notice(s) exhibited by a registered medical practitioner to identify his practice to the public. |
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General. Signboards may only be exhibited on the premises at which the practice to which they refer is conducted; provided that they shall not be ornate or illuminated (except at night or where situated in a dark place). Any such illumination shall be the minimum necessary to allow the content to be read and shall not flash. |
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Particulars. The only particulars which may appear on signboards are :- |
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(a) The name of the registered medical practitioners (or the name by which the practice is known), in Chinese and English, with the prefit Dr. (西醫) or the Chinese suffix "醫生" or "醫師". |
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(b) The term "registered medical practitioner" (註冊醫生或註冊西醫). |
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(c) Qualifications recognized by the Council in the approved Chinese and English abbreviated forms. |
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(d) An indication of the situation in the building of the medical practitioner's office. |
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(e) The hours of attendance at such office. |
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(f) Field of practice approved by the Medical Council. |
| 9.4.2 |
Stationery |
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Stationery (visiting cards, letterheads, envelopes, prescription slips, notices etc.) may contain the following information :- |
| - the practitioner's name, and (where appropriate) the names of partners, partnership, assistants or associates in the practice; |
| - qualifications, field of practice and appointments approved by the Council in their Chinese and English forms; |
| - address(es) of the practice;
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| - telephone, fax, e-mail information; and |
| - consultation hours. |
| 9.4.3 |
Newspaper announcements |
| Announcements of commencement of practice, altered conditions of practice (e.g. change of address, partnership etc.), are permissible only in local daily newspapers provided that all announcements are completed within one week of the commencement/change taking place AND comply with paragraph 9.3 of this Code. The size of the announcement shall not exceed 100cm2 and the announcement may contain only the following information :- |
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- the practitioner's name, and (where appropriate) the names of partners, partnership, assistants or associates in the practice;
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- qualifications, field of practice and appointments approved by the Council in their Chinese and English forms; |
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- address(es) of the practice; |
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- telephone, fax, e-mail information; and |
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- consultation hours. |
| 9.4.4 |
Telephone directories |
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Telephone directory entries may be listed under the appropriate descriptive title e.g. medical practitioners, physicians and surgeons. Additional entries are permissible provided they are limited to one per telephone directory. Doctors accredited by the Medical Council and the Hong Kong Academy of Medicine may have their names listed under the appropriate title (e.g. paediatrician etc.) |
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| 9.5 |
Dissemination of information to patients
| 9.5.1 |
A patient is someone who has in the past consulted that doctor, a partner in his practice, or a doctor in a practice which that doctor has taken over, and whose name appears in the records of the practice. |
| 9.5.2 |
A doctor may provide information about his service to his patients provided that such information :- |
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(a) conforms with paragraph 9.3; |
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(b) does not involve unsolicited visits or telephone calls by himself or by people acting on his behalf; |
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(c) does not abuse the patient's trust or exploit his lack of knowledge; |
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(d) does not put him under undue pressure; and |
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(e) does not offer guarantees to cure particular complaints. |
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| 9.6 |
Relationships betweeen doctors and organisations
| 9.6.1 |
A doctor who is a director or an employee of, or in a contractual relationship with, an organisation which, either directly or indirectly, provides medical services, may only continue such association provided that the organisation, in providing any information about medical services to any person, complies with principles in paragraph 9.3, 9.7 and 12 of this Code.
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Referrals to doctors |
| 9.6.2 |
In no circumstances should a doctor pay any commission to or share his fees with another doctor, person or organisation for a referral. |
| 9.6.3 |
A doctor should not provide cosmetic surgery to persons referred to him by commercial organisations which advertise beauty, fitness, weight reduction, or similar services. |
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| 9.7 |
Canvassing by means of unsolicited visits or telephone calls
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Doctors' services may not be promoted by means of unsolicited visits or telephone calls, by doctors or people acting on their behalf. |
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| 10. | Books, lectures, mass media appearances
| 10.1 | Doctors in their capacity as registered medical practitioners may give public lectures, participate in radio or television programmes, or publish in print or electronically. Doctors' full names, identifiable photographs, together with the qualifications, specialty, and appointments which are acceptable to the Council, may be used. However, reference should not be made to the doctor's experience, skills and reputation, or practice, in a manner which can be construed as promotional. |
| 10.2 | Doctors should ensure the material in whatever form does not imply that he is especially recommended for patients to consult. |
| 10.3 | Difficulties may arise when material included in articles, books or broadcasts by doctors, or the manner in which it is referred to, is likely to imply that the doctor is especially recommended for patients to consult. Doctors should see to it that no such implication is given. Where a doctor in clinical practice writes articles or columns which offer advice to the public on medical conditions or problems, or offers telephone or other recorded advice on such subjects, or broadcasts about them, it should not imply that the doctor can offer individual advice or see individual patients as a result. |
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| 11. | Information about doctors practising in a particular field
| 11.1 | Members of the public who are seeking medical advice or treatment occasionally approach an association of doctors for a list of its members or a list of specialists. The medical practitioner(s) belonging to the association who actually prepares and/or approves such a list for its release, in response to a direct public request, should ensure that the list contains only those doctors who are recognised by the Medical Council and the Hong Kong Academy of Medicine as having completed higher specialist or vocational training. |
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| 12. | Information about medical innovations
| 12.1 |
Medical practitioners who directly or indirectly release information to the public on new discoveries, inventions, procedures, or improvements should ensure that :- |
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(a) the relevant medical innovation has been adequately tested; |
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(b) the innovation is of proven value; |
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(c) the ethical guidelines under paragraph 9.3 and 22 are observed; and |
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(d) it is not stated or implied that the doctor may be consulted by individual patients as a result. |
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| 13. | Financial relationships between doctors and independent organisations providing clinical, diagnostic or medical advisory services
| 13.1 |
A doctor who recommends that a patient should attend at, or be admitted to, any private hospital, nursing home or similar institution, whether for treatment by the doctor himself or by another person, must do so only in such a way as will best serve, and will be seen best to serve, the medical interest of the patient. Doctors should therefore avoid accepting any financial or other inducement from such an institution which might compromise, or by regarded by others as likely to compromise, the independent exercise of their professional judgment. Where a doctor has a financial interest in an organisation to which he proposes to refer a patient for admission or treatment, he should always disclose that he has such an interest before making the referral. |
| 13.2 |
The seeking or acceptance by a doctor from such an institution of any inducement for the referral of patients to the institution, such as free or subsidised consulting premises or secretarial assistance, may be regarded as improper. Similarly the offering of such inducements to colleagues by doctors who manage or direct such institutions may be regarded as improper. |
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| 14. | Relationships between the medical profession and the pharmaceutical and allied industries
| 14.1 |
The medical profession and the pharmaceutical industry have common interests in the research and development of new drugs or appliances of diagnostic or of therapeutic value and in their production and distribution for clinical use. Medical practice owes much to the important advances achieved by the pharmaceutical industry over recent decades. In addition, much medical research and postgraduate medical education are facilitated by the financial support of pharmaceutical firms. |
| 14.2 |
Advertising and other forms of sales promotion by individual firms within the pharmaceutical and allied industries are necessary for their commercial viability and can provide information which is useful to the profession. Nevertheless, a prescribing doctor should not only choose but also be seen to the choosing the drug or appliance which, in his independent professional judgment and having due regard to economy, will best serve the medical interests of his patient. Doctors should therefore avoid accepting any pecuniary or material inducement which might compromise, or be regarded by others as likely to compromise, the independent exercise of their professional judgment in prescribing matters. The seeking or acceptance by doctors of unreasonable sums of money or gifts from commercial firms which manufacture or market drugs or diagnostic or therapeutic agents or appliances may be regarded as improper. Examples of inducements which the Council may regard as improper are set out below. |
| 14.3 |
Clinical trials of drugs : |
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It may be improper for a doctor to accept per capita or other payments from a pharmaceutical firm in relation to a research project such as the clinical trial of a new drug, unless the payments have been specified in a protocol for the project which has been approved by the relevant national or local ethical committee. It may be improper for a doctor to accept per capita or other payments under arrangements for recording clinical assessments of a licensed medicinal product, whereby he is asked to report reactions which he has observed in patients for whom he has prescribed the drug, unless the payments have been specified in a protocol for the project which has been approved by the relevant ethical committee. It is improper for a doctor to accept payment in money or kind which could influence his professional assessment of the therapeutic value of a new drug. |
| 14.4 |
It may be improper for an individual doctor to accept from a pharmaceutical firm monetary gifts or loans or expensive items of equipment for his personal use. Grants of money or equipment by firms to institutions such as hospitals, health care centres and university departments, when they are donated specifically for purposes of patients' service, education or research may be accepted.
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| 15. | Depreciation of other medical practitioners
| 15.1 |
Doctors are frequently called upon to express a view about a colleague's professional practice. This may, for example, happen in the course of a medical audit or peer review procedure, or when a doctor is asked to give a reference about a colleague. It may also occur in a less direct and explicit way when a patient seeks a second opinion, specialist advice or an alternative form of treatment. Honest comment is entirely acceptable in such circumstances, provided that it is carefully considered and can be justified, that it is offered in good faith and that it is intended to promote the best interests of patients. |
| 15.2 |
Further, a doctor should, where the circumstances so warrant, inform an appropriate person or body about a colleague whose professional conduct or competence or fitness to practise may be called into question. |
| 15.3 |
Gratuitous and unsustainable comment which, whether directly or by implication, undermines trust in a professional colleague's knowledge or skills is unethical and unacceptable. |
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| 16. | Improper financial transactions
| 16.1 |
A doctor may not receive any payment by way of commission, rebate or otherwise from another doctor or organisation for referring a patient for consultation or treatment. A doctor may not offer or pay any commission, rebate or otherwise to another doctor, person or organisation who refers a patient to him for consultation or treatment. |
| 16.2 |
A doctor shall not share his fees with any other person, except that earnings from a medical practice may be shared by the bona fide partners of that practice. |
| 16.3 |
A doctor shall not receive any rebate from diagnostic laboratories or similar organisations to whom he refers patients. |
| 16.4 |
A doctor who improperly prescribes drugs or appliances in which he has a financial interest may be guilty of professional misconduct. |
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| 17. | Untrue or misleading certificates and other professional documents
| 17.1 |
Medical practitioners are required to issue reports and certificates for a variety of purposes (e.g. insurance claim forms, receipts, medical reports, international vaccination certificates, incapacity to work through illness or injury certificates etc.) on the assumption that the truth of the certificates can be accepted without question. In some cases the certificates are required to include a statement that a patient has been examined on a particular date. Medical practitioners are expected to exercise care in issuing certificates and kindred documents, and should not include in them statements which the medical practitioner has not taken appropriate steps to verify. Any medical practitioner who in his professional capacity gives any certificate or similar document containing statements which are untrue, misleading or otherwise improper renders himself liable to disciplinary proceedings. In particular, medical practitioners are warned that the signing of blank certificates is prohibited by the Council. |
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| 18. | Practice in association with unregistered persons
| 18.1 |
The practice of a registered medical practitioner in association with an unregistered person providing any form of healing is prohibited provided that this does not apply to any person practising radiography, physiotherapy or optometry who is unregistered but would has qualified to be registered under the Supplementary Medical Professions Ordinance Cap. 359, had respective regulations regarding the aforesaid supplementary medical professions been enacted. |
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| 19. | Covering or improper delegation of medical duties to unregistered persons
| 19.1 |
A medical practitioner who improperly delegates to a person who is not a registered medical practitioner duties or functions in connection with the medical treatment of a patient for whom the medical practitioner is responsible or who assists such a person to treat patients as though that person were a registered medical practitioner, is liable to disciplinary proceedings. The proper training of medical and other bona fide students or the proper employment of nurses, midwives and other persons trained to perform specialized functions relevant to medicine is entirely acceptable provided the medical practitioner concerned exercises effective personal supervision over any persons so employed and retains personal responsibility for the treatment of the patients. |
| 19.2 |
A medical practitioner who employs or otherwise engages a person to carry out the functions of the professions listed in items 1 and 4 of the Schedule of the Supplementary Medical Professions Ordinance, Cap. 359 (i.e. Medical Laboratory Technologist and Occupational Therapist) may only do so if that person is registered in accordance with the provisions of the same Ordinance. Any registered medical practitioner who employs any person to practise any profession listed in items 1 and 4 of the Schedule of the Supplementary Medical Professions Ordinance when that person is not registered in respect of that profession, also commits an offence. |
| 19.3 |
In the opinion of the Council it amounts to misconduct for registered medical practitioners, by their countenance or assistance or by issuing certificates, notifications, reports or other similar documents, to enable uncertificated persons to attend women in childbirth other than under the direction and personal supervision of a duly qualified and registered medical practitioner, as required by law. |
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| 20. | Referrals of patients
| 20.1 |
A medical practitioner may refer a patient for diagnostic or therapeutic services to another medical practitioner, a practitioner with limited registration, or any other provider of health care services permitted by law to furnish such services, whenever he believes that this may benefit the patient. Referrals to medical specialists should be based on their individual competence and ability to perform the services needed by the patient. A medical practitioner should not so refer a patient unless he is confident that the services provided on referral will be performed competently and in accordance with accepted scientific standards and legal requirements. |
| 20.2 |
A medical practitioner who refers a patient for diagnostic or therapeutic services should not receive any fees in whatever form for the referral. |
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| 21. |
Consent for surgical procedures
| 21.1 |
Unless the circumstances prevent it medical practitioners should obtain written consent from patients or their guardians before commencing any surgical procedures, especially when any form of anaesthesia is administered. |
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| 22. |
New medical procedures
| 22.1 |
Medical practitioners whether working in public institutions or in the private sector may, from time to time, meet certain challenges to push back the frontiers of medical science, and advance new methods of treatment. In this respect, innovative ideas, new appliances and medications are expected and are encouraged. Nevertheless, the medical practitioner must be reminded that human rights of the patient must be protected and his dignity respected. |
| 22.2 |
Medical practitioners when using NEW surgical procedures, grafts, implants or medications on patients should take due consideration of the following :- |
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(a) Such new surgical procedures, grafts, implants or medications should be primarily for the benefit of the patient. |
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The medical practitioner has good grounds, supported where necessary by experimental or trial results, to expect such surgical procedures, grafts, implants or medications would yield equal or better results than alternative methods of available treatment. |
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(c) The medical practitioner has made adequate preparations and facilities to meet the undertaking, and its expected complications arising from such an undertaking. |
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(d) The medical practitioner has clearly explained to the patient the nature of the surgical procedure, graft, implant or medication, as well as alternative methods of available treatment. Informed consent from the patient is required for invasive procedures. |
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(e) The medical practitioner should consult and obtain approval from the relevant ethical committee in regard to the use of such surgical procedures, grafts, implants or medications. |
| 22.3 |
Medical practitioners should familiarize themselves with the guidelines issued by the Medical Council from time to time. |
| 22.4 |
Medical practitioners are reminded that they may be asked to justify their action. Failure to adhere to the above principles may result in disciplinary action. |
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| 23. |
Fitness to practice
| 23.1 |
Medical practitioners whose mental or physical health are such that patients would be put at risk if they continue with their normal practice should either wholly or partially alter or withhold their practice and undergo treatment and rehabilitation where appropriate. If necessary the Medical Council will in confidence look into a practitioner's fitness to practise and issue advice on his or her practice. Failure to observe such advice will constitute grounds for disciplinary proceedings. |
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| 24. |
Guidelines on HIV and the Medical Pracctitoner
| 24.1 |
General principles |
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24.1.1 The most effective means of preventing HIV transmission in health-care setting is through adherence to universal precautions, thereby decreasing the risk of direct exposure to blood and/or body fluids. |
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24.1.2 Voluntary instead of mandatory HIV testing is the best way of encouraging people (including health-care workers) at risk of infection to seek counselling and appropriate treatment. |
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24.1.3 Medical practitioners should consider receiving counselling and HIV antibody testing if they have reason to suspect that they have been infected. |
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24.1.4 Medical practitioners are generally not required to disclose their HIV status to their patients or employers. Disclosure, if any, should be made on a need-to-know basis and with the consent of the medical practitioner. Maintaining confidentiality is one way to prevent interference with individual privacy. It is also essential in encouraging the medical practitioners (either infected or at risk of infection) to receive proper counselling and management. |
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24.1.5 Currently there is no justification for restricting practice of medical practitioners on the basis of the HIV status alone. Restriction or modification, if any, should be determined on a case-by-case basis. |
| 24.2 |
Guidelines |
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24.2.1 Enforcement of Infection Control
| The best way of preventing blood-borne diseases is to treat all blood (and certain body fluids) as potentially infectious. Universal precautionary measures should be adopted when handling blood, amniotic fluid, pericardial fluid, pleural fluid, peritoneal fluid, synovial fluid, cerebrospinal fluid, semen and vaginal secretion. The risk of HIV transmission from faeces, saliva, nasal secretion, sputum, sweat, tears, urine and vomitus without overt blood staining is extremely low, and good simple hygienic measures should be sufficient. |
| Sound infection control practice with appropriate quality assurance should be implemented at all levels, taking into consideration factors unique to individual setting. |
| (a) Infection control ommittee |
|  Rapid advancement in medicine and technology has meant that it is essential to keep updated on issues relating to infection control practice. Infection control committees should efficiently serve the functions of developing, promulgating and updating infection control policies in each institution and for each clinical specialty. |
| (b) Written infection control guidelines |
| Written infection control guidelines on universal blood/body fluid precaution should be developed and periodically updated in all health care settings(by infection control committees or equivalents for institutions/government departments and by professional bodies for health care professionals in private and solo practice. |
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(c) Infection control training |
| The subject of infection control should be made an integral part of the undergraduate, pre-registration or pre-employment training for all medical practitioners who may come into contact with blood/body fluids. Similarly regular courses tailored to the infection control needs of individual specialties should be organized by professional bodies, universities/polytechnics as well as relevant government departments. It should be made known that those who fail to use appropriate infection control techniques to protect patients may be subject to charges of professional misconduct by the relevant governing body.
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24.2.2 HIV Counselling and related services for medical practitioners
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Information and counselling should be made easily available for medical practitioners who may have been exposed to HIV through risk behaviour, exposure to contaminated blood/blood products or occupational accidents. The importance of voluntary, confidential and anonymous counselling and HIV testing should be underlined.
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24.2.3 Rights and responsibilities of HIV-infected medical practitioners
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| 24.2.3.1 Confidentiality
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| In general, medical practitioners are not required to disclose their HIV status to their employers or clients. HIV infection and AIDS are not notifiable diseases by law in Hong Kong, and reporting is on a voluntary basis. There are, however, occasions where the HIV status has to be made known on a need-to-know basis, and this will normally be with the consent of the infected practitioner. For example, doctors or specialists involved in evaluating an infected medical practitioner may need to know his HIV status. |
| In exceptional circumstances, breach of confidentiality may be warranted, for instance, when an HIV-infected medical practitioner refuses to observe the restrictions and patients have been put at risk. |
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24.2.3.2 Right to work |
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The status and rights of an HIV-infected medical practitioner as an employee should be safeguarded. If work restriction is required, employers should make arrangement for alternative work, with provision for retraining and redeployment.
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24.2.3.3 Ethical issues |
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An HIV-infected medical practitioner should seek appropriate counselling and to act upon it when given. It is unethical if one fails to do so as patients are put at risk. The attending doctor of an HIV-infected medical practitioner should seek the advice of the expert panel formed by the Director of Health on the areas of management and possible need for job modification. The doctor who has counselled an HIV-infected colleague on job modification and who is aware that the advice is not being followed and patients are put at risk has a duty to inform the Medical Council for appropriate action. |
| 24.2.3.4 Source of advice
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| Referral to the expert panel should be made by the medical practitioner's attending physician. Formed by the Director of Health, the panel should decide on whether job modification, limitation or restriction is warranted. A case-by-case evaluation would be undertaken considering multiple factors that can influence risk and work performance.
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| 24.2.4 Responding to the public |
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| The issue of HIV transmission in health-care setting has caused much public concern despite the minimal risk incurred. Focusing on health-care setting in fact deflects the society from proper attention to the major transmission routes through sex and drug abuse. The health care profession has the duty of constantly reassuring the public, and to educate the clients on how HIV can and cannot be contracted. More importantly, the public looks on the health-care profession as an example of how AIDS should be dealt with. By adhering to the guidelines for prevention of HIV infection in the health-care setting, public fear can be allayed. |
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