The Sex Doctor

Good medical practice describes what the Medical Board of Australia the Board expects of all doctors who are registered to practise medicine in Australia. Doctors who breach these guidelines are placing their registration at risk and in some cases could be committing a criminal offence. Trust in the relationship between doctors and patients is a cornerstone of good medical practice.

Sexual misconduct is a serious abuse of that trust. Patients have a right to feel safe when they are consulting a doctor. Patients need to trust that their doctor will act in their best interests, treat them professionally, not breach their privacy and never take advantage of them. Exploitation of the doctor-patient relationship undermines the trust that patients have in their doctors and the community has in the profession.

It can cause profound psychological harm to patients and compromise their medical care. Good, clear communication is the most effective way to avoid misunderstandings in the doctor-patient relationship.

Good medical practice includes:. Breaching sexual boundaries is always unethical and usually harmful for many reasons including:. Unwarranted physical examinations or inappropriate touching during a consultation and examination may constitute sexual assault. AHPRA will advise and support notifiers 2 to report criminal behaviour to the police. The start of a sexual relationship between a doctor and a patient may not always be immediately obvious to either the doctor or patient.

Doctors need to be alert to warning signs that could indicate that boundaries are being, or are about to be crossed. In these situations, the doctor should try to constructively re-establish professional boundaries and seek advice from an experienced and trusted colleague or their professional indemnity insurer about how to best manage the situation. This should be done sensitively so that a potentially vulnerable patient is not further harmed. It may be unethical and unprofessional for a doctor to engage in a sexual relationship with a former patient, if this breaches the trust the patient placed in the doctor.

Doctors should recognise the influence they have had on patients and that a power imbalance could continue long after the professional relationship has ended. A doctor should consider carefully whether they could be exploiting the trust, knowledge and dependence that developed during the doctor-patient relationship before they decide whether to pursue or engage in a relationship with a former patient. When deciding whether a doctor used the doctor-patient relationship to engage in a sexual relationship with a former patient, the Board will consider a range of factors including:.

A patient usually has a personal or emotional relationship with the individual 5 involved or interested in their healthcare. This individual may provide them with support and advice. In some cases, such as when they are the parent of a child patient, they may make decisions on behalf of the patient about their healthcare. The individual close to the patient also relies on the doctor and trusts that the doctor is acting in the best interests of the patient.

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When deciding whether a doctor used the doctor-patient relationship to engage in a sexual relationship with an individual close to the patient, the Board will consider a range of factors including:. A physical examination is an important part of the medical consultation. It can provide valuable information to assist in the diagnosis of patients. However, physical examinations should be clinically warranted.

An unwarranted physical examination may constitute sexual assault.

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This includes conducting or allowing others, such as students, to conduct examinations on anaesthetised patients, when the patient has not given explicit consent for the examination. Patients may find intimate examinations stressful and embarrassing. An intimate examination usually means examination of the breasts, genitalia or an internal examination vaginal or rectal. A doctor may choose to have an observer present during an intimate examination of a patient or in any consultation.

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The observer is essentially a witness to the consultation and may be a registered nurse employed in the practice. An observer can provide an account of the consultation if later there is an allegation of improper behaviour. Their presence may also provide a level of comfort to the patient.



A patient has the right to decline the presence of an observer. In that case, the doctor can proceed with the consultation without the observer, or choose not to proceed and instead help the patient to find another doctor. Sign-up for our Newsletter.

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