Drug Screening Policy - Medical Council

To ensure that medical practitioners and students who are required to undergo urine and hair drug screening comply with conditions imposed on their registration, and explain the consequences of non-compliance.

The Council uses urine and hair drug screening to monitor medical practitioners and students where there is a history of or concerns about substance misuse or dependence.

The Council understands that sample collection can be inconvenient, intrusive, and expensive. However, negative drug screening results are an effective way for the Council to protect the public, by knowing that a participant is not affected by substances and can continue safely in practice or training.

Participants must comply with all aspects of this policy, the Council’s Participant procedure: drug screening and all drug screening conditions on their registration.

If a condition is inconsistent with this policy or the procedure, the condition prevails.

All aspects of screening, including how often participants must attend, will be overseen by the Council.

Compliance will be monitored by the monitoring team.

4.1. Compliance with this policy

Participants must comply with all aspects of this policy, the Council’s Participant procedure: drug screening and all drug screening conditions on their registration.

If a condition is inconsistent with this policy or the procedure, the condition prevails.

All aspects of screening, including how often participants must attend, will be overseen by the Council.

Compliance will be monitored by the monitoring team.

4.2. Non-compliance with drug screening

Non-compliance with drug screening is any failure to follow the requirements of this policy, the Council’s Participant procedure: drug screening, and any drug screening conditions on a participant’s registration.

If a participant does not comply, the Council will ask them for a written explanation, and may also ask the pathology provider for more information.

The Council will then consider whether further action is required. In some cases the Council may take action without asking the participant for an explanation.

Non-compliance with drug screening includes, but is not limited to, the circumstances listed in the following table.

Screening type    Circumstance
All    
• a positive result for a substance where there is no written confirmation from a treating practitioner that they advised, prescribed or administered that substance

• the participant fails to commence screening within the required timeframe

• the participant fails to attend for screening when required

• the participant provides samples for screening outside of the approved collection and testing regimen

• the participant fails to complete request forms as required

• the participant provides samples that do not meet the chain of custody

• the participant uses, makes, alters or possesses an object or product to defraud a drug screening test

• the provided sample is inadequate or unsuitable for testing

• the participant fails to provide supporting information about any absences from screening within the required timeframe

• a pattern of participant behaviour raises concerns about their compliance with this policy, the related procedure or related conditions on their registration.

If a participant does not comply the Council may:

give the participant a warning and explain any other action the Council may take if they do not comply in the future
increase the frequency or length of drug screening
require that the participant attend an interview or hearing to consider the matter further
take immediate action, such as imposing more restrictive conditions (including a critical impairment condition) on or suspending the participant’s registration and refer a complaint to the HCCC
refer a complaint to the HCCC.

4.3. Compliance with critical impairment and critical compliance conditions4.3.1. Critical impairment and critical compliance conditions

There are two types of critical conditions that can be imposed on a participant’s registration that have specific consequences for non-compliance.

The following table shows which bodies can order these conditions and which participant group is affected.

Condition type    Ordered by    For
Critical impairment condition    Medical Council of NSW    Medical practitioners
Critical compliance condition    the Tribunal    Medical practitioners and students
Critical compliance condition    Professional Standards Committee    Medical practitioners

4.3.2. Non-compliance with critical impairment and critical compliance conditions

If a participant does not comply with a critical impairment or critical compliance condition, the Council must take action.

The following table shows what action is taken if the Council considers that a participant has breached one of these conditions.

Condition type    Action taken
Critical impairment condition    The Council must refer the matter to the HCCC
Critical compliance condition    The Council will immediately suspend the participant’s registration and refer the matter to the Tribunal, which must cancel the participant’s registration if it is satisfied that the condition has been breached

Laws and standards

• AS/NZS 4308:2008, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine

Handbooks

• The Council’s Health Program Handbook provides participants with more information about the Health program.

Fact sheets

• The Council has a range of fact sheets providing information about drug screening.

Related policies

• Medical Council of NSW Participant procedure: drug screening