ABSTRACT
This chapter examines the potential conflict in the duties of a doctor who cannot simultaneously serve the patient's best interests while disengaging from giving advice regarding doping behaviors. It argues that there is a tension with regard to a variety of professional codes and the new World Anti-Doping Agency (WADC). The chapter describes the common law duty of confidence that allows a doctor to disclose information to detect or prevent crime, but the seriousness of the crime must be weighed against the countervailing public interest in maintaining patient confidentiality. As with their ethical duty of confidence with respect to patient privacy, the doctor's legal duty compels them to seek an athlete's express permission before disclosing health-related information. The default position regarding sharing confidential information with a third party where consent has been expressly withheld mitigate against the doctor disclosing doping information to a national anti-doping organization or international federation.
