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On the duty of the doctor not to disclose athlete doping data without consent

Griffith, Richard, McNamee, Mike and Phillips, Nicola 2011. On the duty of the doctor not to disclose athlete doping data without consent. International Journal of Sport Policy and Politics 3 (2) , pp. 191-203. 10.1080/19406940.2011.579144

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Abstract

The manner in which doctors serve their athlete patients is guided by legal and professional governance. These refer to both the welfare of the patient and the obligations owed to them. Among these duties is the maintenance of confidentiality, which is at the heart of trustworthy doctor–patient relationships. The 2009 version of the World Anti-Doping Code (WADC) obliges all health-care professionals not to assist athletes who are known to be engaged in doping behaviours lest they commit a doping offence themselves under the auspices of the WADC. Such an offence would make the doctor liable to be their being forbidden from working with athletes from their respective sports by the governing national or international federation. Given their duty of care, both legal and professional, there may arise circumstances when serving the best interests of their athlete patients appear to oblige doctors to give advice and guidance, not least in terms of harm minimization. To give such advice, according to WADC, is to commit a doping offence. Thus, insofar as the doctor's conduct is guided by both professional and legal codes and the WADC, they are – notwithstanding the possibility of highly unusual and unlikely scenarios that we draw attention to – obliged to fall foul of one or the other in such a scenario.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Healthcare Sciences
Publisher: Taylor & Francis
ISSN: 1940-6940
Last Modified: 05 Jun 2017 04:30
URI: http://orca.cf.ac.uk/id/eprint/60477

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