The Background
Dr Piesse accepted liability for five serious allegations, namely:
- Signing 149 false immunisation exemption certificates for unvaccinated children between January and August 2017 in circumstances where he knew they did not meet the statutory criteria for exemptions under the ‘No Jab No Play’ laws;
- Falsely completing 177 Medicare vaccination forms enabling families of unvaccinated children to claim financial benefits from the government to which they were not entitled;
- Acting dishonestly by creating a false document by removing three quarters of the text in a warning letter from the Deputy Chief Health Officer so as to transform if from a letter expressing serious concern about Dr Piesse’s practices into a two-paragraph letter simply confirming that he was a recognised immunisation provider with authority to issue immunisation status certificates under the relevant ‘No Jab No Play’ provisions;
- Failing to cooperate with the Board’s requests for clinical records and information; and
- Misusing his status as a medical practitioner by providing information to the public and/or other medical practitioners about the means of engaging in the conduct outlined in allegations one and two (by speaking at a film screening and telling the audience about the possibility of obtaining exemption letters and sending e-mails to other doctors encouraging them to engage in such conduct and providing template documents for the same).
Outcome
The Tribunal found that Dr Piesse had engaged in professional misconduct, and ordered that he be reprimanded, disqualified from practice for a period of 6 years, and prohibited from providing health services and from using the title ‘Doctor’ or ‘Dr’ until he is registered as a health practitioner under the National Law. Dr Piesse was found to have a preparedness to flout the law, act dishonestly, and reinforce and magnify the impact of his conduct.
Dr Piesse demonstrated little insight, with the Tribunal noting that his acceptance of the allegations was grudging and it appeared that he continued to believe in the moral rightness of his conduct. It did little to mitigate his conduct that he did not solicit patients seeking vaccination exemptions, but rather they came to him.
Importantly, the Tribunal noted that whilst Dr Piesse had clearly developed strong views about these matters and had every right to participate in community debate about the issues, “he has a duty not to unilaterally purport to override the processes put in place by statute with the aim of protecting the community, on the basis of his own contrary opinions” and “it is important that all medical practitioners recognise that they have a role to play as part of the team delivering health outcomes to the community”.
Implications
There are serious consequences for practitioners who allow their personal beliefs to impact upon their clinical, ethical and legal duties.
In this case, the Tribunal emphasised that this was not a sanction for any ‘anti-vax’ views which might be accorded to Dr Piesse. However, a medical practitioner must ensure that they are practising in accordance with applicable clinical guidelines and statutory obligations, and only issuing exemption certificates for vaccinations in those circumstances.
In the context of COVID-19, health professionals who can grant exemptions for vaccinations and mask mandates should ensure they are keeping up to date and practising in accordance with current exemption criteria to avoid disciplinary action.
To read the full decision in Medical Board of Australia v Piesse (Review and Regulation) [2022] VCAT 82, click here.
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