Medical discipline and sexual activity between doctors and patients

The Medical Council of New Zealand has adopted a policy which presumes that any sexual contact between a doctor and patient is unacceptable. This 'zero tolerance' approach will presumably form the basis of disciplinary investigations and charges.

All 412 Auckland general practitioners on the indicative register were surveyed by mail, and asked to indicate into which disciplinary category each of six scenarios fell.

One hundred and sixty-five (40%) completed forms were received. Sixty-two percent of respondents did not believe a disciplinary offence was committed when a sexual relationship developed after a general practitioner invited a patient to meet her at a bar for a drink, as long as the patient was then advised to seek the services of another general practitioner.

Under New Zealand law a disciplinary tribunal merely transmits the standards of an accused doctor's colleagues. It is argued that a simple qualitative survey demonstrating that colleagues do not regard an action as meriting disciplinary action may provide a complete defence to any charge.