Legalise Cannabis MP Brian Walker reveals why he intentionally broke strict medical rules

A WA doctor-turned-politician who intentionally broke strict medical rules governing the prescription of dexamphetamine is fighting to save his career as a GP. Upper House MP Brian Walker is days away from further sanctions by the Medical Board of Australia after he wrote a script for a patient he suspected had ADHD. Protocols dictate that a GP can neither diagnose the disorder nor prescribe medication for it. The patient must be referred to a psychiatrist. Dr Walker, who leads the Legalise Cannabis WA Party, says he was fully aware he was breaking the rules but was acting in the best interests of his patient because of long waiting times to see psychiatrists. “The patient presented for consideration of cannabis to manage ADHD ,” Dr Walker said. “It is a reasonable approach and it is effective but if he had tested positive for THC, even if it had been medically prescribed, then there would be an almost automatic refusal to consider stimulant therapy such as dexamphetamine. “His psych appointment was predicted for about one year in the future. I have this conversation a lot. “The diagnostic criteria for ADHD were identified and he met the criteria. I issued a single script, told the patient this was not permitted but it would help tide him over until the appointment could be made and then documented that statement.” The website of the Australian Health Practitioner Regulation Agency, which oversees nationals health boards, details the action against Dr Walker. “On 21 June 2023, the Medical Board of Australia imposed the following conditions on the registration of Dr Brian Walker under the Health Practitioner Regulation National Law,” the website says. “The practitioner must undertake and successfully complete a program of education, approved by the Medical Board of Australia and including a reflective practice report, in relation to the management of a patient presenting with symptoms of Attention Deficit Hyperactivity Disorder in general practice, and the prescribing of medications in line with legislative guidelines.” The agency notes that the education must be completed within six months, meaning Dr Walker has until December 21 to comply. “My thinking was the Hippocratic oath says first do no harm – either by commission or omission,” Dr Walker said. “By not treating we cause harm to ensue. I have been a lifelong provider of healthcare, so when I am asked to allow people to suffer it causes me visceral upset. “Do what you can to alleviate suffering — you would think this is medicine 101 for all doctors.” Dr Walker said his education course is scheduled for February — two months after the Medical Board’s deadline. “AHPRA can either agree to the extension to February or they can sanction me,” he said. “They are meeting again soon, and I expect them to agree with the delay. “The course will be about six hours long over a month or two. Finally, I am required to write what I have learned from the process. That will be an interesting article.” Dr Walker said he was referred to the Medical Board by the patient’s psychiatrist. “He confirmed that the diagnosis and the treatment was correct, but a simple GP is not permitted to either diagnose or treat,” Dr Walker said. Dr Walker said he was glad the controversy would put the spotlight on the blow-out in waiting times for mental health services. “The first problem is finding a psychiatrist who will accept the referral, which is not an easy task,” he said. “I have spoken in open Parliament about a patient of mine in front of me with a rope hanging in his garage. I was completely unable, anywhere, to get emergency psychiatric care. “In this specific context of ADHD diagnosis and treatment, once a paediatric psychiatrist has been found, it is about 12 to 18 months before a diagnosis is made.” Dr Walker said authorities had recognised the problem and were looking to change rules but he predicted more trouble before things improved. “New laws requiring all firearms owners to have a mental health clearance will demand about 90,000 consults just to give that document,” he said. “Then we have the alteration to juvenile custodial settings where, rather than going to Banksia Hill, the offenders will receive community care and treatment in their communities. “That needs mental healthcare workers. Funding has not been allocated for this. “The mental health system, creaking as it is, will be put under more stress. It will fail and we will see horror stories in the not-too-distant future, all fully predictable and preventable. “Being the only medically qualified non-government-aligned doctor in the house I can see these issues and speak about them, but no-one listens.”