Health Care Complaints Commission v Guard [2016] NSWCATOD 164

Health Care Complaints Commission v Guard [2016] NSWCATOD 164

The Tribunal was not satisfied that the inappropriate prescribing allegations were established after the complainant's expert revised his opinion, and it did not find the Endone self-use allegation or the eye medication error sufficient. However, the respondent's admitted prescribing of drugs of addiction without required s28 authority, breaches of drug register obligations, and inadequate medical records were established. Because compliance with statutory requirements for drugs of addiction and clinical records is a fundamental duty of medical practitioners, the aggregate misconduct was sufficiently serious to justify suspension or cancellation in an appropriate case and therefore...

Jurisdiction
Australia
Judgment Date
19 December 2016
Procedural Posture
Occupational Disciplinary Proceedings Concerning a Registered Medical Practitioner / Final Reasons for Decision and Orders After Three Day Hearing
Outcome
The respondent was found guilty of professional misconduct, reprimanded, made subject to practice conditions, and ordered to pay the complainant's costs assessed in default of agreement.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'prescribing Drugs of Addiction Without Authority' 'drug Register Compliance' 'medical Record Keeping' 'practice Conditions' 'costs']
['health Practitioner Regulation' 'medical Disciplinary Law' 'administrative Law'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'prescribing Drugs of Addiction Without Authority' 'drug Register Compliance' 'medical Record Keeping' 'practice Conditions' 'costs']

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Procedural Posture

Occupational Disciplinary Proceedings Concerning a Registered Medical Practitioner / Final Reasons for Decision and Orders After Three Day Hearing

Legal Issues

  1. 1 ['Whether the respondent engaged in inappropriate prescribing of drugs of addiction.' 'Whether the respondent prescribed certain drugs of addiction without authority under s28(2) of the Poisons and Therapeutic Goods Act, 1966.' "Whether the respondent prescribed a drug of addiction and eye medication in a patient's name for her own use or practice use." 'Whether the respondent failed to keep a drug register in the appropriate form and failed to notify its loss as required by the Poisons and Therapeutic Goods Regulation.' 'Whether the respondent failed to make adequate clinical notes and records contrary to the Health Practitioner Regulation (New South Wales) Regulation 2010.' 'Whether the proven conduct, individually or cumulatively, amounted to unsatisfactory professional conduct or professional misconduct.' 'What protective orders and costs orders should be made.']

Ratio Decidendi

The Tribunal was not satisfied that the inappropriate prescribing allegations were established after the complainant's expert revised his opinion, and it did not find the Endone self-use allegation or the eye medication error sufficient. However, the respondent's admitted prescribing of drugs of addiction without required s28 authority, breaches of drug register obligations, and inadequate medical records were established. Because compliance with statutory requirements for drugs of addiction and clinical records is a fundamental duty of medical practitioners, the aggregate misconduct was sufficiently serious to justify suspension or cancellation in an appropriate case and therefore...

Court Disposition

The respondent was found guilty of professional misconduct, reprimanded, made subject to practice conditions, and ordered to pay the complainant's costs assessed in default of agreement.

Orders

  • ['The respondent is reprimanded.' "Practice conditions are imposed on the respondent's registration." 'The respondent must submit to an audit of her medical practice by random selection of medical records by a person or persons nominated by the Medical Council of NSW, to be held within 6 months from the date of...