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Table of Contents

Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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26. Impaired Practitioner

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The aim of medicine is to prevent disease and prolong life; the ideal of medicine is to eliminate the need for a physician [medical practitioner].
~ William James Mayo

Abstract

Impaired medical practitioners and the importance of recognizing and reporting them to protect patients and maintain public trust in the medical profession is a professional obligation. Impairment can have various causes and occurs at the same rate among practitioners as the general population. Practitioners have a mandatory duty to report an impaired colleague and it is considered to be best practice to seek counsel from other colleagues and institutional officials before reporting. The reporting practitioner is protected from liability if they are acting in good faith, honestly, and without malice. Practitioners also have a professional obligation to help an impaired colleague get the necessary medical care and rehabilitation. The health and wellness of practitioners is essential for fulfilling professional obligations and maximizing patient interests. The mandatory duty to report an impaired practitioner reduces individual liberty but promotes patient autonomy. The duty to report is a professional obligation and a matter of public justice to maintain the social trust in the medical profession. Practitioners must recognize the importance of not being impaired, reporting impaired colleagues, protecting patient safety, and promoting treatment and recovery.

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Think 

[26:1] An impaired practitioner is one whose medical judgment and practice have been compromised such that it: 

  • 1. violates the patient-practitioner relationship by exposing the patient to increased risks of harm,
  • 2. violates the professional duty of maximizing the patient’s best interests, and
  • 3. diminishes the community’s trust in the medical profession.

[26:2] Impairment can have various causes: psychoactive agents, prescription medications, aging, substance abuse, Alzheimer’s, psychiatric disorders, emotional disorders, and fatigue, to name a few. It is essential to recognize that substance use disorders (SUDs) occur at the same rate among practitioners as the general population.

[26:3] Medical practitioners, as stewards, have a mandatory duty to report an impaired practitioner legally, professionally, and morally. Reporting an impaired practitioner protects patients from harm and also protects the impaired practitioner from possible malpractice lawsuits. However, because of the sensitivity and potential hostility that can arise from reporting, it is advisable to seek counsel from other colleagues and a designated institutional official as a matter of due diligence when there is no immediate threat to a patient. The same legal protections for liability granted for reporting child and elder abuse will also apply to reporting an impaired practitioner so long as the reporting practitioner is doing so in good faith, sincerely, honestly, and without malice.

[26:4] Practitioners have a professional obligation to protect patients from an impaired practitioner and help the impaired practitioner get the medical care and recovery needed to eliminate the impairment. Reporting should be made first to the impaired practitioner’s local supervisor or superior, like the program director, department chair, or division head, and if that is not possible, then to the Medical Board of Medical Conduct or the State Health or Education Department.

[26:5] If a practitioner is in treatment, that in itself does not mean that the practitioner is impaired. Patient confidentiality and privacy are the same as any other patient-practitioner relationship, except; if confidentiality and privacy were to compromise the safety of patients and if there is a legal, professional and moral duty to divulge the protected health information (PHI). After successful treatment and rehabilitation, someone other than the treating practitioner should assist and monitor the recovered colleague while they resume safe and effective patient care.

[26:6] A practitioner’s health and wellness is an essential part of what it means to be a medical professional because, without it, the practitioner will not be able to:

  • 1. honor the patient-practitioner relationship,
  • 2. fulfill professional obligations and expectations necessary for maximizing the patient’s best interests, and
  • 3. promote a positive public trust in the medical profession.

Every medical institution needs to have a supportive environment that promotes, maintains, and restores health and wellness. Proper diet, enough sleep and exercise, and exposure to art and the humanities are necessary elements for health and wellness.

Assess
Patient: 1) Autonomy

[26:7] The mandatory duty to report an impaired practitioner reduces individual liberty for both the reporter and the reported person. Mandatory reporting promotes patient autonomy (informed consent) because a patient can only make an informed practitioner authorization if the practitioner’s judgments are accurately grounded on evidence-based medicine. The impaired practitioner’s diagnosis, prognosis, risks, and benefits assessments of various treatments, including no treatment, answering the patient’s questions, and patient’s management, are all called into question with an impaired practitioner. Active measures of mandatory reporting must therefore be taken in order to protect the patient’s autonomous decision-making.

Practitioner: 2) Beneficence & 3) Nonmaleficence

[26:8] Practitioners have a professional obligation to report an impaired practitioner, primarily to maximize the patient’s best interests as determined by the patient’s reasonable goals, values, and priorities. This professional obligation to report an impaired practitioner is also a collegial duty for the benefit of the impaired practitioner so that the impaired practitioner can be helped and treated to come back and practice medicine effectively.

Public Policy: 4) Justice

[26:9] Justice is the public policy principle of fairness. Legally, practitioners are mandated to report an impaired practitioner to proper authorities. Failure to report is a Class A misdemeanor, and the non-reporting practitioner is legally liable for patient harm caused by non-reporting. Public knowledge of impaired practitioners diminishes the community’s trust in the medical profession, which increases the importance of timely identification of impaired practitioners so that they can be reintegrated through treatment and recovery.

Conclude

[26:10] All practitioners must recognize the importance of:

  • 1. not being impaired, 
  • 2. reporting of impaired practitioners,
  • 3. patient safety, and
  • 4. treatment and recovery. 

There are legal protections for reporting as long as the reporting practitioner sincerely and honestly suspects the medical-provider is impaired while treating patients. If the practitioner believes that a colleague is impaired while treating patients, then there is a legal, professional, and moral duty to report the incident regardless of explanations, justifications, or promises.

[26:11] In summary, practitioners must recognize the importance of not being impaired, reporting impaired colleagues, protecting patient safety, and promoting treatment and recovery. Legal protections exist for reporting practitioners acting in good faith, honestly, and without malice. Timely identification of impaired practitioners is critical to protect patients, help the impaired practitioner, and maintain public trust in the medical profession. Practitioners have a legal, professional, and moral duty to report incidents involving impaired colleagues, ensuring the safety and well-being of all involved.

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26. Review Questions

1. An impaired practitioner is one whose medical judgment and practice have been compromised such that it:

2. Proper diet, enough sleep and exercise, and exposure to art and the humanities are necessary elements for health and wellness.

3. Mandatory reporting of an impaired practitioner promotes patient autonomy (informed consent) because a patient can only make an informed practitioner authorization if the practitioner’s judgments are accurately grounded on evidence-based medicine.

4. Professional colleagues do not have an obligation to report an impaired practitioner to benefit patients and the practitioner. Rather, the obligation is primarily a legal mandate.

5. Failure to report an impaired practitioner is a Class A misdemeanor, and the non-reporting practitioner is legally liable for patient harm caused by non-reporting.

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26. Clinical Vignettes

1. David O'Brien is a 45-year-old pharmacist who has been practicing for over 10 years. He has recently been exhibiting symptoms of impairment, including forgetfulness, fatigue, and difficulty concentrating during procedures. He has also been observed with slurred speech and difficulty walking. Clinical differential diagnosis includes substance abuse, psychiatric disorders, emotional disorders, and fatigue. An ethical question that arises is whether David O'Brien's colleagues have a professional obligation to report him for impaired practice.

2. Dr. Bianca Jenkins is a 38-year-old family medicine practitioner who has been practicing for over 10 years. Her colleagues have noticed that she has been having a decline in personal hygiene and physical appearance. Dr. Jenkins has a history of a high-stress lifestyle and has been neglecting self-care, including proper diet, enough sleep, and exercise. An ethical question that arises is whether Dr. Jenkins's colleagues have a professional obligation to report her for impaired practice.

3. Dr. Paloma Patterson is a 35-year-old family medicine practitioner who has been practicing for 8 years. Recently, she has been exhibiting signs of impairment, including poor communication with patients, poor clinical judgment, and difficulty maintaining her schedule. Her patients have complained about her poor bedside manner and inappropriate prescriptions. Her colleagues have also noticed her poor performance and behavior. The clinical differential diagnosis includes psychiatric disorders, substance abuse, and emotional disorders. An ethical question that arises is whether Dr. Patterson's colleagues have a professional obligation to report her for impaired practice.

4. Dr. Aurora Dubber is a 45-year-old pediatrician who has been practicing for over 20 years. Recently, her colleagues have noticed that she has become increasingly forgetful and disorganized. She has been misplacing important patient files and forgetting scheduled appointments. Dr. Dubber has also been slurring her speech and appearing drowsy during patient consultations. Her colleagues have observed that her behavior is not consistent with her past performance, and they suspect that she may have a substance use disorder. The differential diagnosis includes depression, anxiety, and other psychiatric disorders. What is the ethical obligation of Dr. Dubber's colleagues in this situation?

5. A practitioner’s colleagues are starting to have some concerns as to whether or not a fellow practitioner is starting to become impaired. Which of the following are signs that a practitioner's medical judgment and practice have been compromised, leading to impairment?

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26. Reflection Vignettes

1. Dr. Jane Smith, a 40-year-old physician, is out for a night on the town with several colleagues. As the evening progresses, one colleague who is on call begins to get particularly tipsy. Later in the evening, the colleague receives a call related to a patient care issue, and Dr. Smith notices that the tipsy practitioner is providing medication orders over the phone. The differential diagnosis includes alcohol impairment, professional misconduct, and patient safety concerns. Dr. Smith approaches the colleague and expresses concern about the situation, emphasizing the importance of clear and focused thinking when making medication orders or providing patient care. Dr. Smith offers to help and instructs the colleague to hand over the call to another physician who is sober and better able to provide safe and effective care for the patient. Dr. Smith also emphasizes the importance of professionalism and appropriate conduct, even outside of work, and the need to prioritize patient safety above all else.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Mr. James Lee, a 45-year-old physician, works at a local teaching hospital and seems to treat patients effectively but has difficulty remembering patients' names and medical conditions. The differential diagnosis includes age-related memory decline, attention deficit disorder, and other cognitive impairments. Despite these challenges, Mr. Lee compensates for his memory difficulties by diligently reviewing each patient's medical records before each visit. This enables him to provide effective and comprehensive care to his patients, despite his memory limitations. The practitioner also ensures that he takes detailed notes during patient visits to help him remember important details for future reference. While Mr. Lee's proactive approach to managing his memory difficulties seems to ensure that he can provide safe and effective care to his patients, the increased risk of memory lapses in patient diagnosis, treatment and management care is unacceptable.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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