Pitfalls of forging medical certificates

Medical certificates are legal documents and practitioners and medical students who deliberately issue a false, misleading or inaccurate certificate – including for themselves – could face disciplinary action or expose themselves to civil or criminal legal action.

This was highlighted in the recent decision of Dental Board of Australia v McKenna [2022] SACAT 114.  Dr McKenna was a registered dental practitioner who was undertaking post-graduate studies.  Concerns had been raised about Dr McKenna’s standard of professional work and she had been put on formal notice of the risk that she may not progress with her studies. 

After failing to attend two compulsory seminars, Dr McKenna emailed falsified medical certificates to her supervisor.  When Dr McKenna was unable to provide the original certificates, a notification was made to AHPRA.  The Dental Board of Australia lodged a complaint with the South Australian Civil Administrative Tribunal, claiming that Dr McKenna acted dishonestly by presenting the forged certificates to her supervisor.

Dr McKenna admitted to having falsified the medical certificates.  She asserted that her conduct amounted to unprofessional conduct but not to professional misconduct. A finding of professional misconduct is more serious than unprofessional conduct and usually carries with it more severe penalties.

Although the Tribunal accepted that Dr McKenna was under significant stress and pressure with respect to her studies at the time when she forged the certificates, the Tribunal found that Dr McKenna’s actions fell substantially below the standard to be reasonably expected of a registered dentist of her level of training and experience and did amount to professional misconduct.  Dr McKenna was ordered to be reprimanded and undertake mentoring for two years.

In reaching this decision, the Tribunal found that Dr McKenna had made a conscious decision to forge the first certificate and, despite having had time to reflect on her actions, had provided a second forged certificate within weeks of the first.  Regard was also had to the fact that Dr McKenna had been working as a registered dentist for 9 years at the time she falsified the certificates, and to the fact that she had previously been formally cautioned in 2015 after she had provided a written prescription for medications, including Temazepam, for a good friend who was not her patient.

Importantly, the Tribunal observed that, as a registered health practitioner herself, Dr McKenna should have been very aware of the seriousness of her actions, and that the earlier caution meant that she was clearly on notice about the importance of strict adherence to her ethical responsibilities.

This decision is a timely reminder that forging medical certificates is never appropriate, including for yourself, and that there can be significant ramifications for practitioners and students who do so.

By Carlee Smyth
Solicitor - Legal Services