Health Care Complaints Commission v Kwan [2014] NSWCATOD 72

Health Care Complaints Commission v Kwan [2014] NSWCATOD 72

Dr Kwan's admitted and proven conduct, including excessive and unlawful prescribing, supplying and administering of Schedule 8 drugs to a drug-dependent patient, failure to use safeguards for authority to prescribe, inadequate records and drug register practices, poor liaison with other practitioners, and serious boundary failures, amounted to unsatisfactory professional conduct and professional misconduct. Because similar protective orders in 2005 had not prevented recurrence, and because Dr Kwan showed insufficient insight into the gravity of his misconduct and would pose a risk to the public if he remained registered, restrictions, counselling and education would not adequately protect...

Jurisdiction
Australia
Judgment Date
07 July 2014
Procedural Posture
Disciplinary Complaint Against a Registered Medical Practitioner / Final Determination After Hearing
Outcome
Dr Kwan's registration as a medical practitioner was cancelled for two years and he was ordered to pay the Commission's costs.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'prescribing Schedule 8 Drugs' 'drugs of Addiction' 'professional Boundaries' 'cancellation of Medical Registration' 'protective Jurisdiction']
['health Practitioner Regulation' 'professional Discipline' 'medical Professional Conduct'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'prescribing Schedule 8 Drugs' 'drugs of Addiction' 'professional Boundaries' 'cancellation of Medical Registration' 'protective Jurisdiction']

Case Brief

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Procedural Posture

Disciplinary Complaint Against a Registered Medical Practitioner / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether Dr Kwan was guilty of unsatisfactory professional conduct under section 139B (1) (a) and (l) of the National Law.' 'Whether Dr Kwan was guilty of professional misconduct under section 139E of the National Law.' 'Whether Dr Kwan prescribed, supplied and administered Schedule 8 drugs to Patient A without proper authority and outside acceptable therapeutic standards.' 'Whether Dr Kwan failed to maintain professional boundaries and adequately manage Patient A with other practitioners.' 'What protective orders were required to protect the public and maintain professional standards.']

Ratio Decidendi

Dr Kwan's admitted and proven conduct, including excessive and unlawful prescribing, supplying and administering of Schedule 8 drugs to a drug-dependent patient, failure to use safeguards for authority to prescribe, inadequate records and drug register practices, poor liaison with other practitioners, and serious boundary failures, amounted to unsatisfactory professional conduct and professional misconduct. Because similar protective orders in 2005 had not prevented recurrence, and because Dr Kwan showed insufficient insight into the gravity of his misconduct and would pose a risk to the public if he remained registered, restrictions, counselling and education would not adequately protect...

Court Disposition

Dr Kwan's registration as a medical practitioner was cancelled for two years and he was ordered to pay the Commission's costs.

Orders

  • ['The registration of Dr Kwan as a medical practitioner be cancelled for a period of two years from this date.' 'Dr Kwan to pay the costs of the Health Care Complaints Commission.']