Abstract
In the 2016 appeal Health Care Complaints Commission v Schmidt [2016] NSWCATOD 145, the New South Wales Civil and Administrative Tribunal heard evidence to the effect that the influence of alcohol (alertness, judgment and co-ordination) could occur at blood alcohol concentrations as low as 0.01% and that on-call health professionals should not consume any alcohol. The NSW Health Code of Conduct requires all staff, including contractors, "not to be under the influence of alcohol or drugs when commencing work and while at work", and the Public Health Regulation 2012 (NSW) similarly requires that "health practitioners must not practise while suffering from a physical or mental impairment. that detrimentally affects, or is likely to detrimentally affect, his or her ability to practise or that places clients at risk of harm". If this were to be accepted as a professional standard for on-call medical practitioners, then it would have major implications for much of the medical profession, particularly those on continuous call in private practice whose hours are not delimited. The evidence for alcohol-induced impairment of clinical performance is assessed here through the prism of the cognitive and psychomotor skills requirements for surgeons.
| Original language | English |
|---|---|
| Pages (from-to) | 556-564 |
| Number of pages | 9 |
| Journal | Journal of Law and Medicine |
| Volume | 24 |
| Issue number | 3 |
| Publication status | Published - 2017 |
Keywords
- blood alcohol
- medical personnel
- surgeons
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