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BMA and RCA will defend doctors refusing to treat patients if PPE inadequate

The British Medical Association and the Royal College of Anaesthetists are promising to "robustly" support members who refuse treat patients "if personal protection equipment (PPE) is inadequate, you are at high risk of infection and there is no other way of delivering the care".

The UK’s Health Secretary Matt Hancokc told the daily coronavirus briefing on 21 April that it’s “totally normal” for National Health Service (NHS) staff to raise concerns about personal protective equipment (PPE) shortages in their areas and said “transparency is important”.

HSJ reports that multiple senior local NHS leaders said that they have been given strong warnings not to communicate externally about the COVID-19 response, with national officials seeking to closely grip information given to the media. And there have been several reports of healthcare professionals having been “gagged” by hospitals and NHS bodies, with some reports of threats of disciplinary action if they raise concerns on social media or speak to journalists. Norfolk and Suffolk Foundation Trust issued social media guidance to employees which lists “political issues, such as PPE, testing and exit strategies” as topics to “avoid”.

The report says asked by a Yorkshire Post journalist about NHS staff whether he would guarantee no NHS staff would be punished for raising legitimate concerns publicly, Hancock said: “Yes of course people should be able to talk about the problems that there are, and indeed they do.”

The British Medical Association (BMA) has updated guidance for doctors considering refusing to treat patients when PPE is inadequate, reports Medscape.

It states: "There are limits to the risks you can be expected to expose yourself to. You are under no obligation to provide high-risk services without appropriate safety and protection. You can refuse to treat patients if your PPE is inadequate, you are at high risk of infection and there is no other way of delivering the care.

"The law also requires you and your employer to protect your safety and the safety of others. Employers must provide a safe system of work, which includes provision of appropriate PPE. If you have the employment status of 'employee' you are also specifically protected under employment law to take steps to avoid serious and imminent danger in your workplace without fear of detriment or dismissal."

The BMA tweeted: "Whatever your decision, we will robustly defend our members’ employment rights not to face a disciplinary process or detriment when facing serious and imminent danger in the workplace."

The report says the Royal College of Anaesthetists (RCA) is the latest medical group to speak out about inadequate PPE. "Anaesthetists should not be expected to compromise their health & that of their patients due to PPE shortages. After taking everything into account if you decide that you cannot provide treatment we will support you," the RCA said quoting its president Professor Ravi Mahajan

The report quotes the Health Secretary as saying: "There's more demand across the world than there is supply. and that means that we need to be as nimble as we possibly can and crucially, as much as possible, get right to the source of the PPE, which is often in factories in Asia, including in China, rather than going through middlemen."

He also said the government is working with 159 potential UK PPE suppliers. Hancock also denied a claim by a senior Foreign Office official that a decision not to accept the EU's help with providing ventilators was a "political decision".

[link url="https://www.hsj.co.uk/hancock-staff-should-be-free-to-speak-out-over-coronavirus-concerns/7027467.article?mkt_tok=eyJpIjoiWWpneU5qVXlPR0V4TVRJMyIsInQiOiJadEVcLytDdVV5bEM0VDVuWkZpNWs0aTdHWGVKdnc1NlluNjkrQTBcL1QrZ24xUHhUeDJ2dXBxVXdjbkIzV2NiR1JndXNmWERqVFpuRXo1MURFbVpxR3F4cUVuMGg2XC91RHJLWkRBdFdzb0Zzamc1aU5BVDQ5aTAxS2M5SzJvNHZLWiJ9"]Full HSJ report[/link]

[link url="https://www.medscape.com/viewarticle/929094"]Full Medscape report[/link]

[link url="https://www.bma.org.uk/advice-and-support/covid-19/your-health-and-wellbeing/covid-19-refusing-to-treat-where-ppe-is-inadequate"]BMA guidance[/link]

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