The PDL Professional Officers assist many members who have received regulatory notifications regarding their professional practice or behaviour. These notices may come from national agencies such as the Pharmacy Board of Australia via Ahpra, state and territory-based pharmacy authorities, or health complaints agencies. Regardless of the agency, it is the expectation of the regulators that these matters are handled in a professional and timely manner. PDL is well-positioned to assist our members with expert advice to navigate this sometimes challenging and stressful journey. It is PDL’s experience that some pharmacists fail to seek advice from PDL or fail to act promptly after receiving notice of a regulatory investigation. These oversights may lead to less effective responses and possibly less desirable outcomes.
The PDL Professional Officers understand the personal impact these notifications may have on pharmacists and will provide support and referral to ensure pharmacists receive assistance from the most appropriate organisation or support person. Despite the support provided, PDL understands that an investigation from a regulatory agency can be stressful and may cause embarrassment, feelings of guilt or stigma.
PDL is aware that some complaints involve inaccurate or false allegations or misrepresent the patient’s interaction with the pharmacist. The pharmacist’s feelings of being targeted are understandable and often taken personally, despite the facts being different to the allegations. PDL reassures members that they have the right to reply to the complaint, generally with assistance from legal advisers provided through the support of the indemnity policy. Regulators have the primary aim of protecting the public and will assess a complaint regarding ongoing risk. A robust and reflective response, addressing ongoing risk and steps taken to ensure the incident will not recur, is an important part of the process.
In a bid to minimise stigma and shame, promote practitioner support and reduce distress, PDL has the following edited extract from a member on their experience of the regulatory notification process and its impact, with suggestions for others who may experience this situation in the future.
The regulatory notification
The notification and issue of concern
Whilst working for a public health provider, I completed a medication review for a patient at the request of their GP. My report included recommendations for medication changes and suggestions for specialist referral and guidance to be provided. I provided the report to the consulting team’s medical officer and had no further involvement. Unknown to me, the report was sent to the patient’s GP, who implemented the changes. Months later, a complaint was lodged after the patient experienced an adverse outcome. The patient’s Enduring Power of Attorney (EPOA) alleged that changes occurred to the patient’s treatment without patient consent or specialist input. The complaint was directed at me, the medical officer and the GP.
How did you feel when you first received the regulatory notification?
I was devastated as I felt isolated, and my professional identity was in question. I felt too embarrassed to discuss the situation with my broader colleagues, only sharing with a select few, none of whom had navigated this process themselves.
What challenges or obstacles did you face while navigating the process?
As I work in a state with a co-regulatory system, I was initially notified of the complaint by one regulator and informed that it would be referred to another regulator. A significant amount of time passed with no further contact, prompting me to contact the regulator to obtain my notification documentation.
After waiting for an extended period to receive the documentation, I found it difficult to adjust to the short timeframe for a response. While the legal advisers were accustomed to this tight schedule, the drafting and review process meant the deadline rapidly approached before a final version was prepared and ready for submission. As a clinician I always try to have any commitments finalised well in advance of the due date, so this process was difficult for me.
Were there specific resources or types of support that you found particularly helpful?
The pharmacists working at PDL were the best resource for me at the time. The PDL pharmacists were responsive and empathetic, and whether intentional or not, they provided me with important emotional support in a time when I felt very alone. When preparing to share my story I was made aware of the Pharmacists’ Support Service. Had I known of them at the time, I may have reached out to them as well.
In hindsight, what do you wish you had done differently?
If I’d known of the possibilities, I might have sought out some formal support service, or peer mentoring service, which would have been great for my wellbeing. While I felt I was suitably supported by a small number of people, it was difficult as nobody could talk of shared experiences or provide any specific knowledge of the process.
What advice would you offer to pharmacists who have received a regulatory notification?
Don’t be ashamed. Plenty of practitioners receive regulatory notifications in their careers. Talking about it with peers may not only be a very valuable way to help you process this challenging time in your professional life, but it will also help deal with any stigma surrounding the regulatory notification process.
How has the regulatory experience influenced your practice or approach to work?
I think it was a forced measure of growth for me. I feel empowered to share my story and help in removing the stigma surrounding regulatory notifications. Ironically, it has given me the confidence to trust my own processes and see that the notification process is fair and just.
I am grateful for the thoroughly written documentation I had for this specific case. It made it much easier to compile my response to the regulator. Since then, I have tried implementing as much email correspondence as possible to maintain a record of communication. I now write file notes for important conversations. I also document any attempts made to contact a person or any reasons for not contacting a patient/EPOA in my medication review reports. This experience has highlighted to me that documentation is a crucial part of a health professional’s role.
What suggestions do you have for improving the support provided to pharmacists involved in regulatory actions?
I believe one of the most important steps in improving a clinician’s experience is to break down the stigma and shame that may be associated with a regulatory notification. While it is not a pleasant thing to go through, I now realise that this process is sometimes necessary, it is fair, and your case is addressed in a balanced manner. Unlike how I felt at the time, the notification is not necessarily a question against your professional identity, rather a safety net to ensure safe practice across our industry.
PDL footnotes
PDL is a member-centric organisation that values feedback. We have developed a regulatory notification factsheet and will continue to raise awareness about the regulatory experience through various formats of engagement with the profession.
This member experienced some delay in receiving support provided by the indemnity policy, which exacerbated the stress experienced at the time. Such a delay is very uncommon but concerning, and PDL has investigated the matter. We are committed to continuously improving the member support process by addressing feedback in a prompt and professional manner.
The PDL Professional Officers frequently encourage members to speak with the Pharmacists’ Support Service on 1300 244 910. Ahpra notification documents now offer links to organisations that are available to support practitioners experiencing distress from the regulatory process.
If you would like to contribute to PDL’s efforts to reduce practitioner distress, please send an email to info@pdl.org.au with #mystory as the subject line.
Additional reading
Support organisations
- Pharmacists’ Support Service—1300 244 910
- The Essential Network for Health Professionals
- Beyond Blue—1300 224 636
- Headspace—1800 650 890
- Lifeline—13 11 14
- MensLine—1300 789 978
