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RESEARCH ARTICLE
Contents Vol 48(1)

Clinical innovation and scope of practice regulation: a case study of the Charlie Teo decision

Jill Walsh https://orcid.org/0000-0001-7915-4835 A B * , Sharon Downie A B , Eric Windholz C , Andrea Kirk-Brown D and Terry P. Haines B
+ Author Affiliations
- Author Affiliations

A Medical Workforce Unit, The Royal Children’s Hospital, Vic., Australia.

B School of Primary and Allied Health Care, Faculty of Medicine, Nursing and Health Sciences, Monash University, 47–49 Moorooduc Highway, Frankston, Vic. 3199, Australia.

C Faculty of Law, Monash University, 15 Ancora Imparo Way, Clayton Campus, Vic. 3800, Australia.

D Monash Business School, Monash University, Level 4, Building D room 22, Peninsula Campus, 47-49 Moorooduc Highway, Frankston, Vic. 3199, Australia.

* Correspondence to: jill.walsh@monash.edu

Australian Health Review 48(1) 91-94 https://doi.org/10.1071/AH23157
Submitted: 19 August 2023  Accepted: 5 December 2023  Published: 22 December 2023

© 2024 The Author(s) (or their employer(s)). Published by CSIRO Publishing on behalf of AHHA.

Abstract

The issue of regulation of scope of practice (SOP) has recently been highlighted through the high-profile case of New South Wales-based neurosurgeon, Mr Charles Teo and specifically the finding of ‘unsatisfactory professional conduct’ by the NSW Health Care Complaints Commission (HCCC) in Teo, Charles (2023) NSWMPSC 2 (12 July 2023). The HCCC decision went to two issues in Teo’s practice: (1) his decision to perform a surgery not within the SOP of his profession [at 238]; and (2) his failure to gain patient informed consent for that surgery [at 245]. This paper explores the findings against Teo with respect to SOP and recommends a nuanced approach to the regulation of clinical innovation and SOP evolution.

Keywords: ethics, health law, health policy, practice innovation, quality and safety, scope of practice, workforce.

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