ISN'T IT WONDERFUL TO HAVE REGULATORS PROTECTING YOU?

At least the only real protection -- information -- is slowly being made more available

Psychiatrists and psychologists who have been struck off for sexual and other serious misconduct are still treating patients in NSW because of a legal loophole. A Herald investigation has found that therapists who have had sex with patients, lied in court or revealed patient secrets are able to treat patients simply by changing their title to counsellor or psychotherapist. As the law stands in NSW, anyone can call themselves a counsellor, psychotherapist, life coach, psychoanalyst or family therapist.

Compounding the problem is the fact that struck-off psychiatrists and psychologists are not obliged to reveal their history to patients, and if they do misbehave again, the Health Care Complaints Commission has no power to discipline them. Seven years ago the State Government conducted a parliamentary inquiry into unregulated health practitioners and one of proposals made was the regulation of such therapists. Merrilyn Walton, who headed the HCCC at the time, wanted to stop struck-off practitioners from setting up as counsellors but was ignored.

Now, as a result of the Herald's investigation, the Psychologists Registration Board plans to reveal names of struck-off psychologists on their website and when asked by patients. In addition the NSW Medical Board has independently decided to list disciplinary cases on its website - the first time this information has been readily accessible in NSW. Among the struck-off practitioners uncovered by the Herald:

* Shunyam Peinecke, a former psychologist struck off last year who offers counselling near Byron Bay. A tribunal found he had lied in a murder trial and deliberately destroyed patient records.

* Tony Aguado, a psychiatrist who was struck off for having sex with a patient and prescribing himself Viagra under a false name, now advertises his services as a trauma counsellor. He lists an address in Toronto, on Lake Macquarie, the same place where he abused his patient.

* Winifred Childs, a psychiatrist struck off for sexual misconduct 15 years ago, still works as a psychotherapist in Glebe. Since being struck off she became entangled in a case against another psychiatrist. The Medical Tribunal in 2001 accepted the evidence of a patient who said Ms Childs had advised her to keep her sexual relationship with her psychiatrist secret in order to protect him. Ms Childs says she was unaware of the proceedings and that the patient's evidence was untested and uncorroborated and that she had been denied justice.

Dr Louise Newman, head of the NSW Institute of Psychiatry, said regulators were failing to meet their duty to protect the public. "It's a systemic failure." Professor Walton, now associate professor of ethical practice at Sydney University, said the situation was ridiculous. "If they're struck off because they're dangerous, well how come they can still do the same thing? And they're not dangerous anymore?" Dr Newman said the danger of allowing anyone to become a counsellor was that people risked treatment from unqualified practitioners.

The NSW Health Minister, John Hatzistergos, said Victoria was conducting research into the regulation of psychotherapy and counselling and that "NSW Health will examine the results … to consider the implications." He said he would ask the HCCC, NSW Health and the Complementary Health Practitioners advisory committee to look at whether changes were needed.

Source

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For greatest efficiency, lowest cost and maximum choice, ALL hospitals and health insurance schemes should be privately owned and run -- with government-paid vouchers for the very poor and minimal regulation. Both Australia and Sweden have large private sector health systems with government reimbursement for privately-provided services so can a purely private system with some level of government reimbursement or insurance for the poor be so hard to do?

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