In Re Dr Anthony Jebb [2007] NSWMT 7

In Re Dr Anthony Jebb [2007] NSWMT 7

Dr Jebb's conduct with Patient A, a particularly vulnerable patient, involved repeated and varied breaches of professional boundaries, including inappropriate physical contact and personal disclosures, over an extended period. While only one patient was affected and the inappropriate contact was at the lower end of seriousness, the cumulative effect and the vulnerability of the patient justified a finding of professional misconduct. However, given the protective rather than punitive purpose, restrictions and ongoing supervision, rather than suspension or deregistration, were appropriate.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Anthony Jebb
Jurisdiction
Australia
Procedural Posture
Medical Disciplinary Proceeding / Final Decision and Orders
Outcome
Professional misconduct established. Reprimand issued. Practice restricted with supervision and other conditions. Not suspended or deregistered.
Legal Topics
Professional Misconduct, Unsatisfactory Professional Conduct, Medical Practitioner Standards, Boundaries in Psychotherapy, Tribunal Powers
Health Law Professional Discipline Professional Misconduct Unsatisfactory Professional Conduct Medical Practitioner Standards Boundaries in Psychotherapy Tribunal Powers

Case Brief

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Parties

Health Care Complaints Commission

Complainant

Dr Anthony Jebb

Respondent

Procedural Posture

Medical Disciplinary Proceeding / Final Decision and Orders

Legal Issues

  1. 1 Whether Dr Jebb engaged in professional misconduct or unsatisfactory professional conduct under the Medical Practice Act 1992
  2. 2 Whether the conduct justified suspension or deregistration
  3. 3 Appropriateness of the orders on practice restrictions

Ratio Decidendi

Dr Jebb's conduct with Patient A, a particularly vulnerable patient, involved repeated and varied breaches of professional boundaries, including inappropriate physical contact and personal disclosures, over an extended period. While only one patient was affected and the inappropriate contact was at the lower end of seriousness, the cumulative effect and the vulnerability of the patient justified a finding of professional misconduct. However, given the protective rather than punitive purpose, restrictions and ongoing supervision, rather than suspension or deregistration, were appropriate.

Court Disposition

Professional misconduct established. Reprimand issued. Practice restricted with supervision and other conditions. Not suspended or deregistered.

Orders

  • Dr Jebb must limit his practice to treatment of his standard group of patients as defined in the orders.
  • Patients with borderline personality disorder, unstabilised psychotic conditions, severe narcissistic personality disorder, or those requiring stabilising medication are excluded from his practice.