Health Care Complaints Commission v Dr Platt [2013] NSWMT 14

Health Care Complaints Commission v Dr Platt [2013] NSWMT 14

Dr Platt engaged in unsatisfactory professional conduct and professional misconduct by inappropriately prescribing Schedule 8 and Schedule 4D drugs to drug dependent patients without necessary authority and adequate clinical justification, and by failing to keep proper records, warranting a three-month suspension with conditions to protect the public and ensure safe practice.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Cathryn Carmel Platt
Jurisdiction
Australia
Judgment Date
09 August 2013
Procedural Posture
Tribunal Inquiry Into Professional Conduct of a Medical Practitioner / Principal Judgment/decision
Outcome
Complaints upheld. Suspension and imposition of protective orders and conditions.
Legal Topics
Medical Practitioner Misconduct, Unsatisfactory Professional Conduct, Prescription of Controlled Substances, Medical Recordkeeping, Protective Orders
Health Law Professional Regulation Medical Practitioner Misconduct Unsatisfactory Professional Conduct Prescription of Controlled Substances Medical Recordkeeping Protective Orders

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Parties

Health Care Complaints Commission

Complainant

Dr Cathryn Carmel Platt

Respondent

Procedural Posture

Tribunal Inquiry Into Professional Conduct of a Medical Practitioner / Principal Judgment/decision

Legal Issues

  1. 1 Whether Dr Platt engaged in unsatisfactory professional conduct and professional misconduct under the Health Practitioner Regulation National Law (NSW) in relation to the prescription of Schedule 8 and Schedule 4D drugs and inadequate recordkeeping;
  2. 2 Appropriateness and nature of protective orders and practice conditions to ensure protection of the public

Ratio Decidendi

Dr Platt engaged in unsatisfactory professional conduct and professional misconduct by inappropriately prescribing Schedule 8 and Schedule 4D drugs to drug dependent patients without necessary authority and adequate clinical justification, and by failing to keep proper records, warranting a three-month suspension with conditions to protect the public and ensure safe practice.

Court Disposition

Complaints upheld. Suspension and imposition of protective orders and conditions.

Orders

  • The Practitioner is reprimanded.
  • The Practitioner is suspended from practising medicine for 3 months from 9 September 2013 to 9 December 2013.