10 Healthiest Foods You Should Eat In The Morning

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For many of us, our creative minds aren’t their absolute best first thing in the morning, and it’s easy to reach for what’s available, if we haven’t planned ahead.

So here’s some inspiration for the coming week! If you’re a regular coffee-and-toast person, at least consider alternating some of these with that:

  • Oatmeal with fresh fruit: fiber, energy, protein, vitamins and minerals (10almonds tip: we recommend making it as overnight oats! Same nutrients, lower glycemic index)
  • Greek yogurt parfait: probiotic gut benefits, along with all the goodness of fruit
  • Avocado toast: so many nutrients; most famous for the healthy fats, but there’s lots more in there too!
  • Egg + vegetable scramble: protein, healthy fats, vitamins and minerals, fiber
  • Smoothie bowl: many nutrients—But be aware that blending will reduce fiber and make the sugar quicker to enter your bloodstream. Still not bad as an occasional feature for the sake of variety, though!
  • Wholegrain pancakes: energy, fiber, and whatever your toppings! Fresh fruit is a top-tier choice; the video suggests maple syrup; we however invite you to try aged balsamic vinegar instead (sounds unlikely, we know, but try it and you’ll see; it is so delicious and your blood sugars will thank you too!)
  • Chia pudding: so many nutrients in this one; chia seeds are incredible!
  • Quinoa breakfast bowl: the healthy grains are a great start to the day, and contain a fair bit of protein too, and served with nuts, seeds, and diced fruit, many more nutrients get added to the mix. Unclear why the video-makers want to put honey or maple syrup on everything.
  • Berries: lots of vitamins, fiber, hydration, and very many polyphenols

For a quick visual overview, and a quick-start preparation guide for the ones that aren’t just “berries” or similar, enjoy this short (3:11) video:

Click Here If The Embedded Video Doesn’t Load Automatically!

PS: They said 10, and we only counted 9. Where is the tenth one? Who would say “10 things” and then ostensibly only have 9? Who would do such a thing?!

About that chia pudding…

It’s a great way to get a healthy dose of protein, healthy fats, antioxidants, and a lot of other benefits for the heart and brain:

The Tiniest Seeds With The Most Value

Enjoy!

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  • We Are Such Stuff As Fish Are Made Of

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    Research Review: Collagen

    For something that’s a very popular supplement, not many people understand what collagen is, where it comes from, or what it does.

    In a nutshell:

    Collagen is a kind of protein. Our bodies make it naturally, and we can also get more in our diet and/or take extra as a supplement.

    Our bodies use collagen in connective tissue, skin, tendon, bone, and cartilage. It has many functions, but a broad description would be “holding things together”.

    As we get older, our bodies produce less collagen. Signs of this include wrinkles, loss of skin hydration, and joint pain.

    Quick test: pinch the skin on the middle of the back of one of your hands, and then watch what happens when you get low. How quickly and easily did your skin returns to its original shape?

    If it was pretty much instantanous and flawless, congratulations, you have plenty of collagen (and also elastin). If you didn’t, you are probably low on both!

    (they are quite similar proteins and are made from the same base “stuff”, so if you’re low on one, you’ll usually be low on both)

    Quick note: A lot of research out there has been funded by beauty companies, so we had our work cut out for us today, and have highlighted where any research may be biased.

    More than skin deep

    While marketing for collagen is almost exclusively aimed at “reduce wrinkles and other signs of aging”, it does a lot more than that.

    You remember we mentioned that many things from the bones outward are held together by collagen? We weren’t kidding…

    Read: Osteoporosis, like skin ageing, is caused by collagen loss which is reversible

    Taking extra collagen isn’t the only way

    We can’t (yet!) completely halt the age-related loss of collagen, but we can slow it, with our lifestyle choices:

    Can I get collagen from food?

    Yep! Just as collagen holds our bodies together, it holds the bodies of other animals together. And, just like collagen is found in most parts of our body but most plentifully in our skin and bones, that’s what to eat to get collagen from other animals, e.g:

    • Chicken skin
    • Fish skin
    • Bone broth ← health benefits and recipes at this link!

    What about vegans?

    Yes, vegans are also held together by collagen! We do not, however, recommend eating their skin or boiling their bones into broth. Ethical considerations aside, cannibalism can give you CJD!

    More seriously, if you’re vegan, you can’t get collagen from a plant-based diet, but you can get the stuff your body uses to make collagen. Basically, you want to make sure you get plenty of:

    Read: Diet and Dermatology: The Role of a Whole-food, Plant-based Diet in Preventing and Reversing Skin Aging

    Just be sure to continue to remember to avoid highly-processed foods. So:

    • Soy mince/chunks whose ingredients list reads: “soya”? Yes!
    • The Incredible Burger or Linda McCartney’s Sausages? Sadly less healthy

    Read: Advanced Glycation End Products in Foods and a Practical Guide to Their Reduction in the Diet

    Meat-eaters might want to read that one too. By far the worst offenders for AGEs (Advanced Glycation End Products, which can not only cause collagen to stiffen, but also inactivate proteins responsible for collagen repair, along with doing much more serious damage to your body’s natural functions) include:

    • Hot dogs
    • Bacon
    • Fried/roasted/grilled meats

    Is it worth it as a supplement?

    That depends on you, your age, and your lifestyle, but it’s generally considered safe*

    *if you have a seafood allergy, be careful though, as many supplements are from fish or shellfish—you will need to find one that’s free from your allergen

    Also, all collagen is animal-derived. So if you’re a vegan, decide for yourself whether this constitutes medicine and if so, whether that makes it ethically permissible to you.

    With that out of the way:

    What the science says on collagen supplementation

    Collagen for skin

    Read: Effects of collagen supplementation on skin aging (systematic review and meta-analysis)

    The short version is that they selected 19 studies with over a thousand participants in total, and they found:

    In the meta-analysis, a grouped analysis of studies showed favorable results of hydrolyzed collagen supplementation compared with placebo in terms of skin hydration, elasticity, and wrinkles.

    The findings of improved hydration and elasticity were also confirmed in the subgroup meta-analysis.

    Based on results, ingestion of hydrolyzed collagen for 90 days is effective in reducing skin aging, as it reduces wrinkles and improves skin elasticity and hydration.

    Caveat: while that systematic review had no conflicts of interests, at least some of the 19 studies will have been funded by beauty companies. Here are two, so that you know what that looks like:

    Funded by Quiris to investigate their own supplement, Elasten®:

    A Collagen Supplement Improves Skin Hydration, Elasticity, Roughness, and Density

    Funded by BioCell to investigate their own supplement, BioCell Collagen:

    The Effects of Skin Aging Associated with the Use of BioCell Collagen

    A note on funding bias: to be clear, the issue is not that the researchers might be corrupt (though that could happen).

    The issue is more that sometimes companies will hire ten labs to do ten research studies… and then pull funding from ones whose results aren’t going the way they’d like.

    So the “best” (for them) study is the one that gets published.

    Here’s another systematic review—like the one at the top of this section—that found the same, with doses ranging from 2.5g–15g per day for 8 weeks or longer:

    Read: Oral Collagen Supplementation: A Systematic Review of Dermatological Applications

    Again, some of those studies will have been funded by beauty companies. The general weight of evidence does seem clear and favorable, though.

    Collagen for bones

    Here, we encountered a lot less in the way of potential bias, because this is simply marketed a lot less. Despite being arguably far more important!

    We found a high quality multi-vector randomized controlled study with a sample size of 131 postmenopausal women. They had these women take 5g collagen supplement (or placebo), and studied the results over the course of a year.

    They found:

    • The intake of the supplement increased bone mineral density (BMD)
    • Supplementation was also associated with a favorable shift in bone markers, indicating:
      • increased bone formation
      • reduced bone degradation

    Read: Specific Collagen Peptides Improve Bone Mineral Density and Bone Markers in Postmenopausal Wome

    A follow-up study with 31 of these women found that taking 5 grams of collagen daily for a total of 4 years was associated with a progressive increase in BMD.

    You might be wondering if collagen also helps against osteoarthritis.

    The answer is: yes, it does (at least, it significantly reduces the symptoms)

    Read: Effect of collagen supplementation on osteoarthritis symptoms

    In summary:

    • You need collagen for health skin, bones, joints, and more
    • Your body makes collagen from your food
    • You can help it by getting plenty of protein, vitamins, and minerals
    • You can also help it by not doing the usual Bad Things™ (smoking, drinking, eating processed foods, especially processed meats)
    • You can also eat collagen directly in the form of other animals’ skin and bones
    • You can also buy collagen supplements (but watch out for allergens)

    Want to try collagen supplementation?

    We don’t sell it (or anything else), but for your convenience…

    Check it out: Hydrolyzed Collagen Peptides (the same as in most of the above studies), 90 days supply at 5g/day

    We selected this one because it’s the same kind used in many of the studies, and it doesn’t contain any known allergens.

    It’s bovine collagen, meaning it’s from cows, so it’s not vegan, and also some subscribers may want to abstain for religious reasons. We respect that, and/but make our recommendations based solely on the science of health and productivity.

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  • Morning Routines That Just FLOW

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    Morning Routines That Just FLOW

    “If the hardest thing you have to do in your day is eat a frog, eat that frog first!”, they say.

    And, broadly speaking, it is indeed good to get anything stressful out of the way early, so that we can relax afterwards. But…

    • Are we truly best at frog-eating when blurry-eyed and sleepy?
    • Is there a spoonful of sugar that could make the medicine go down better?
    • What do we need to turn eating the frog into an enjoyable activity?

    Flow

    “Flow” is a concept brought to public consciousness by psychologist Mihaly Csikszentmihalyi, and it refers to a state in which we feel good about what we’re doing, and just keep doing, at a peak performance level.

    Writer’s note: as a writer, for example…

    Sometimes I do not want to write, I pace to and fro near my computer, going on side-quests like getting a coffee or gazing out of the window into my garden. But once I get going, suddenly, something magical happens and before I know it, I have to trim my writing down because I’ve written too much. That magical window of effortless productivity was a state of flow.

    Good morning!

    What is a good morning, to you? Build that into your morning! Set parameters around it so you don’t get carried away timewise and find yourself in the afternoon (unless that would work for you!), but first thing in the morning is the time to light up each part of your brain with appropriate neurotransmitters.

    Getting the brain juices flowing

    Cortisol

    When we wake up, we (unless we have some neurochemical imbalance, such as untreated depression) get a spike of cortisol. Cortisol is much-maligned and feared, and indeed it can be very much deleterious to the health in cases of chronic stress. But a little spike now and again is actually beneficial for us.

    Quick Tip: if you want to artificially stimulate (or enhance) a morning cortisol spike, a cold shower is the way to go. Or even just a face-plunge into a bowl of ice-water (put ice in it, give it a couple of minutes to chill the water, then put your face in for a count of 30 seconds, or less if you can’t hold your breath that long).

    Serotonin

    Serotonin is generally thought of as “the happy chemical”, and it’s stimulated by blue/white light, and also by seeing greenery.

    Quick tip: to artificially stimulate (or enhance) a morning serotonin boost, your best friend is sunlight. Even sun through a partly-clouded sky will tend to outperform artificial lighting, including artificial sunlight lighting. Try to get sun between 08:30 and 09:00, if you can. Best of all, do it in your garden or nearby park, as the greenery will be an extra boost!

    Dopamine

    Generally thought of as “the reward chemical”, but it’s also critical for a lot of kinds of brainwork, including language processing and problem-solving.

    Quick Tip: to artificially stimulate* a dopamine surge to get you going, do something that you and/or your body finds rewarding. Examples include:

    • Exercise, especially in a vigorous burst
    • A good breakfast, a nice coffee, whatever feels right to you
    • An app that has motivational bells and whistles, a streak for you to complete, etc

    Note: another very enjoyable activity might come to mind that doesn’t even require you getting out of bed. Be aware, however, gentleman-readers in particular, that if you complete that activity, you’ll get a prolactin spike that will wipe out the dopamine you just worked up. So that one’s probably better for a lazy morning of relaxation, than a day when you want to get up and go!

    *there’s no “(or enhance)” for this one; you won’t get dopamine from doing nothing, that’s just not how “the reward chemical” works

    Flow-building in a stack

    When you’ve just woken up and are in a blurry morning haze, that’s not the time to be figuring out “what should I be doing next?”, so instead:

    • Work out the things you want to incorporate into your morning routine
    • Put them in the order that will be easiest to perform—some things will go a lot better after others!
    • Remember to also include things that are simply necessary—morning bathroom ablutions, for example

    The goal here is to have a this-and-this-and-this-and-this list of items that you can go through without any deviations, and get in the habit of “after item 1 I automatically do item 2, after which I automatically do item 3, after which…”

    Implement this, and your mornings will become practically automated, but in a joyous, life-enhancing way that sets you up in good order for whatever you want/need to do!

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  • Caesar Salad, Anyone? (Ides of March Edition!)

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    The Mediterranean Diet: What Is It Good For?

    More to the point: what isn’t it good for?

    What brought it to the attention of the world’s scientific community?

    Back in the 1950s, physiologist Ancel Keys wondered why poor people in Italian villages were healthier than wealthy New Yorkers. Upon undertaking studies, he narrowed it down to the Mediterranean diet—something he’d then take on as a public health cause for the rest of his career.

    Keys himself lived to the ripe old age of 100, by the way.

    When we say “Mediterranean Diet”, what image comes to mind?

    We’re willing to bet that tomatoes feature (great source of lycopene, by the way), but what else?

    • Salads, perhaps? Vegetables, olives? Olive oil, yea or nay?
    • Bread? Pasta? Prosciutto, salami? Cheese?
    • Pizza but only if it’s Romana style, not Chicago?
    • Pan-seared liver, with some fava beans and a nice Chianti?

    In reality, the diet is based on what was historically eaten specifically by Italian peasants. If the word “peasants” conjures an image of medieval paupers in smocks and cowls, and that’s not necessarily wrong, further back historically… but the relevant part here is that they were people who lived and worked in the countryside.

    They didn’t have money for meat, which was expensive, nor the industrial setting for refined grain products to be affordable. They didn’t have big monocrops either, which meant no canola oil, for example… Olives produce much more easily extractable oil per plant, so olive oil was easier to get. Nor, of course, did they have the money (or infrastructure) for much in the way of imports.

    So what foods are part of “the” Mediterranean Diet?

    • Fruits. These would be fruits grown locally, but no need to sweat that, dietwise. It’s hard to go wrong with fruit.
    • Tomatoes yes. So many tomatoes. (Knowledge is knowing tomato is a fruit. Wisdom is not putting it in a fruit salad)
    • Non-starchy vegetables (e.g. eggplant yes, potatoes no)
    • Greens (spinach, kale, lettuce, all those sorts of things)
    • Beans and other legumes (whatever was grown nearby)
    • Whole grain products in moderation (wholegrain bread, wholewheat pasta)
    • Olives and olive oil. Special category, single largest source of fat in the Mediterranean diet, but don’t overdo it.
    • Dairy products in moderation (usually hard cheeses, as these keep well)
    • Fish, in moderation. Typically grilled, baked, steamed even. Not fried.
    • Other meats as a rarer luxury in considerable moderation. There’s more than one reason prosciutto is so thinly sliced!

    Want to super-power this already super diet?

    Try: A Pesco-Mediterranean Diet With Intermittent Fasting: JACC Review Topic of the Week

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  • Ginger Does A Lot More Than You Think

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    Ginger’s benefits go deep!

    You are doubtlessly already familiar with what ginger is, so let’s skip right into the science.

    The most relevant active compound in the ginger root is called gingerol, and people enjoy it not just for its taste, but also a stack of health reasons, such as:

    • For weight loss
    • Against nausea
    • Against inflammation
    • For cardiovascular health
    • Against neurodegeneration

    Quite a collection! So, what does the science say?

    For weight loss

    This one’s quite straightforward. It not only helps overall weight loss, but also specifically improves waist-hip ratio, which is a much more important indicator of health than BMI.

    Read: The effects of ginger intake on weight loss and metabolic profiles among overweight and obese subjects: a systematic review and meta-analysis of randomized controlled trials

    Against nausea & pain

    Ginger has proven its effectiveness in many high quality clinical trials, against general nausea, post-surgery nausea, chemotherapy-induced nausea, and pregnancy-related nausea.

    Source: Ginger on Human Health: A Comprehensive Systematic Review of 109 Randomized Controlled Trials

    However! While it very clearly has been shown to be beneficial in the majority of cases, there are some small studies that suggest it may not be safe to take close to the time of giving birth, or in people with a history of pregnancy loss, or unusual vaginal bleeding, or clotting disorders.

    See specifically: Ginger for nausea and vomiting of pregnancy

    As a side note on the topic of “trouble down there”, ginger has also been found to be as effective as Novafen (a combination drug of acetaminophen (Tylenol), caffeine, and ibuprofen), in the task of relieving menstrual pain:

    See: Effect of Ginger and Novafen on menstrual pain: A cross-over trial

    Against inflammation & pain

    Ginger has well-established anti-inflammatory (and, incidentally, which affects many of the same systems, antioxidant) effects. Let’s take a look at that first:

    Read: Effect of Ginger on Inflammatory Diseases

    Attentive readers will note that this means that ginger is not merely some nebulous anti-inflammatory agent. Rather, it also specifically helps alleviate delineable inflammatory diseases, ranging from colitis to Crohn’s, arthritis to lupus.

    We’ll be honest (we always are!), the benefits in this case are not necessarily life-changing, but they are a statistically significant improvement, and if you are living with one of those conditions, chances are you’ll be glad of even things described in scientific literature as “modestly efficacious”.

    What does “modestly efficacious” look like? Here are the numbers from a review of 593 patients’ results in clinical trials (against placebo):

    ❝Following ginger intake, a statistically significant pain reduction SMD = −0.30 ([95% CI: [(−0.50, −0.09)], P = 0.005]) with a low degree of inconsistency among trials (I2 = 27%), and a statistically significant reduction in disability SMD = −0.22 ([95% CI: ([−0.39, −0.04)]; P = 0.01; I2 = 0%]) were seen, both in favor of ginger.❞

    ~ Bartels et al.

    To de-mathify that:

    • Ginger reduced pain by 30%
    • Ginger reduced disability by 22%

    Read the source: Efficacy and safety of ginger in osteoarthritis patients: a meta-analysis of randomized placebo-controlled trials

    Because (in part) of the same signalling pathways, it also has benefits against cancer (and you’ll remember, it also reduces the symptoms of chemotherapy).

    See for example: Ginger’s Role in Prevention and Treatment of Gastrointestinal Cancer

    For cardiovascular health

    In this case, its benefits are mostly twofold:

    Against neurodegeneration

    This is in large part because it reduces inflammation, which we discussed earlier.

    But, not everything passes the blood-brain barrier, so it’s worth noting when something (like gingerol) does also have an effect on brain health as well as the rest of the body.

    You do not want inflammation in your brain; that is Bad™ and strongly associated with Alzheimer’s and Parkinson’s.

    As well as reducing neuroinflammation, ginger has other relevant mechanisms too:

    ❝Its bioactive compounds may improve neurological symptoms and pathological conditions by modulating cell death or cell survival signaling molecules.

    The cognitive enhancing effects of ginger might be partly explained via alteration of both the monoamine and the cholinergic systems in various brain areas.

    Moreover, ginger decreases the production of inflammatory related factors❞

    ~ Arcusa et al.

    Check it out in full, as this is quite interesting:

    Role of Ginger in the Prevention of Neurodegenerative Diseases

    How much to take?

    In most studies, doses of 1–3 grams/day were used.

    Where to get it?

    Your local supermarket, as a first port-of-call. Especially given the dose you want, it may be nicer for you to have a touch of sliced ginger root in your cooking, rather than taking 2–6 capsules per day to get the same dose.

    Obviously, this depends on your culinary preferences, and ginger certainly doesn’t go with everything!

    If you do want it as a supplement, here is an example product on Amazon, for your convenience.

    Enjoy!

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  • Lobster vs Crab – Which is Healthier?

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    Our Verdict

    When comparing lobster to crab, we picked the crab.

    Why?

    Generally speaking, most seafood is healthy in moderation (assuming it’s well-prepared, not poisonous, and you don’t have an allergy), and for most people, these two sea creatures are indeed considered a reasonable part of a healthy balanced diet.

    In terms of macros, they’re comparable in protein, and technically crab has about 2x the fat, but in both cases it’s next to nothing, so 2x almost nothing is still almost nothing. And, if we break down the lipids profiles, crab has a sufficiently smaller percentage of saturated fat (compared to monounsaturated and polyunsaturated), that crab actually has less saturated fat than lobster. In balance, the category of macros is either a tie or a slight win for crab, depending on your personal priorities.

    When it comes to vitamins, crab wins easily with more of vitamins A, B1, B2, B6, B9, B12, and C, in most cases by considerable margins (we’re talking multiples of what lobster has). Lobster, meanwhile, has more of vitamin B3 (tiny margin) and vitamin B5 (pantothenic acid, as in, the vitamin that’s in basically everything edible, and thus almost impossible to be deficient in unless literally starving).

    The minerals scene is more balanced; lobster has more calcium, copper, manganese, and selenium, while crab has more iron, magnesium, phosphorus, potassium, and zinc. The margins are comparable from one creature to another, so all in all the 4:5 score means a modest win for crab.

    Both of these creatures are good sources of omega-3 fatty acids, but crab is better.

    Lobster and crab are both somewhat high in cholesterol, but crab is the relatively lower of the two.

    In short: for most people most of the time, both are fine to enjoy in moderation, but if picking one, crab is the healthier by most metrics.

    Want to learn more?

    You might like to read:

    Shrimp vs Caviar – Which is Healthier?

    Take care!

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  • How old’s too old to be a doctor? Why GPs and surgeons over 70 may need a health check to practise

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    A growing number of complaints against older doctors has prompted the Medical Board of Australia to announce today that it’s reviewing how doctors aged 70 or older are regulated. Two new options are on the table.

    The first would require doctors over 70 to undergo a detailed health assessment to determine their current and future “fitness to practise” in their particular area of medicine.

    The second would require only general health checks for doctors over 70.

    A third option acknowledges existing rules requiring doctors to maintain their health and competence. As part of their professional code of conduct, doctors must seek independent medical and psychological care to prevent harming themselves and their patients. So, this third option would maintain the status quo.

    PeopleImages.com – Yuri A/Shutterstock

    Haven’t we moved on from set retirement ages?

    It might be surprising that stricter oversight of older doctors’ performance is proposed now. Critics of mandatory retirement ages in other fields – for judges, for instance – have long questioned whether these rules are “still valid in a modern society”.

    However, unlike judges, doctors are already required to renew their registration annually to practise. This allows the Medical Board of Australia not only to access sound data about the prevalence and activity of older practitioners, but to assess their eligibility regularly and to conduct performance assessments if and when they are needed.

    What has prompted these proposals?

    This latest proposal identifies several emerging concerns about older doctors. These are grounded in external research about the effect of age on doctors’ competence as well as the regulator’s internal data showing surges of complaints about older doctors in recent years.

    Studies of medical competence in ageing doctors show variable results. However, the Medical Board of Australia’s consultation document emphasises studies of neurocognitive loss. It explains how physical and cognitive impairment can lead to poor record-keeping, improper prescribing, as well as disruptive behaviour.

    The other issue is the number of patient complaints against older doctors. These “notifications” have surged in recent years, as have the number of disciplinary actions against older doctors.

    In 2022–2023, the Medical Board of Australia took disciplinary action against older doctors about 1.7 times more often than for doctors under 70.

    In 2023, notifications against doctors over 70 were 81% higher than for the under 70s. In that year, patients sent 485 notifications to the Medical Board of Australia about older doctors – up from 189 in 2015.

    While older doctors make up only about 5.3% of the doctor workforce in Australia (less than 1% over 80), this only makes the high numbers of complaints more starkly disproportionate.

    It’s for these reasons that the Medical Board of Australia has determined it should take further regulatory action to safeguard the health of patients.

    So what distinguishes the two new proposed options?

    The “fitness to practise” assessment option would entail a rigorous assessment of doctors over 70 based on their specialisation. It would be required every three years after the age of 70 and every year after 80.

    Surgeons, for example, would be assessed by an independent occupational physician for dexterity, sight and the ability to give clinical instructions.

    Importantly, the results of these assessments would usually be confidential between the assessor and the doctor. Only doctors who were found to pose a substantial risk to the public, which was not being managed, would be obliged to report their health condition to the Medical Board of Australia.

    The second option would be a more general health check not linked to the doctor’s specific role. It would occur at the same intervals as the “fitness to practise” assessment. However, its purpose would be merely to promote good health-care decision-making among health practitioners. There would be no general obligation on a doctor to report the results to the Medical Board of Australia.

    In practice, both of these proposals appear to allow doctors to manage their own general health confidentially.

    Surgeons operating in theatre
    Older surgeons could be independently assessed for dexterity, sight and the ability to give clinical instructions. worradirek/Shutterstock

    The law tends to prioritise patient safety

    All state versions of the legal regime regulating doctors, known as the National Accreditation and Registration Scheme, include a “paramountcy” provision. That provision basically says patient safety is paramount and trumps all other considerations.

    As with legal regimes regulating childcare, health practitioner regulation prioritises the health and safety of the person receiving the care over the rights of the licensed professional.

    Complicating this further, is the fact that a longstanding principle of health practitioner regulation has been that doctors should not be “punished” for errors in practice.

    All of this means that reforms of this nature can be difficult to introduce and that the balance between patient safety and professional entitlements must be handled with care.

    Could these proposals amount to age discrimination?

    It is premature to analyse the legal implications of these proposals. So it’s difficult to say how these proposals interact with Commonwealth age- and other anti-discrimination laws.

    For instance, one complication is that the federal age discrimination statute includes an exemption to allow “qualifying bodies” such as the Medical Board of Australia to discriminate against older professionals who are “unable to carry out the inherent requirements of the profession, trade or occupation because of his or her age”.

    In broader terms, a licence to practise medicine is often compared to a licence to drive or pilot an aircraft. Despite claims of discrimination, New South Wales law requires older drivers to undergo a medical assessment every year; and similar requirements affect older pilots and air traffic controllers.

    Where to from here?

    When changes are proposed to health practitioner regulation, there is typically much media attention followed by a consultation and behind-the-scenes negotiation process. This issue is no different.

    How will doctors respond to the proposed changes? It’s too soon to say. If the proposals are implemented, it’s possible some older doctors might retire rather than undergo these mandatory health assessments. Some may argue that encouraging more older doctors to retire is precisely the point of these proposals. However, others have suggested this would only exacerbate shortages in the health-care workforce.

    The proposals are open for public comment until October 4.

    Christopher Rudge, Law lecturer, University of Sydney

    This article is republished from The Conversation under a Creative Commons license. Read the original article.

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