Health Care Complaints Commission v Dr Son [2014] NSWCATOD 145

Health Care Complaints Commission v Dr Son [2014] NSWCATOD 145

Dr Son's proven conduct, including prolonged inappropriate prescribing of a restricted substance, inadequate chronic pain management, and incomplete compliance with Medicare scheme requirements in relation to a treatment plan, amounted to unsatisfactory professional conduct but did not reach the threshold of professional misconduct warranting suspension or cancellation of registration.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Ilyong Son
Jurisdiction
Australia
Judgment Date
04 December 2014
Procedural Posture
Disciplinary Proceedings / Final Determination
Outcome
Complaint of unsatisfactory professional conduct proved; professional misconduct not proved; practitioner reprimanded; conditions replaced; no costs order unless further submissions requested.
Legal Topics
Unsatisfactory Professional Conduct, Professional Misconduct, Dentist Registration, Restricted Substances, Medicare Chronic Diseases Dental Scheme, NCAT Jurisdiction, Protective Orders, Costs
Administrative Law Health Law Unsatisfactory Professional Conduct Professional Misconduct Dentist Registration Restricted Substances Medicare Chronic Diseases Dental Scheme NCAT Jurisdiction +2 more

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Parties

Health Care Complaints Commission

Complainant

Dr Ilyong Son

Respondent

Procedural Posture

Disciplinary Proceedings / Final Determination

Legal Issues

  1. 1 Whether Dr Son was guilty of unsatisfactory professional conduct relating to prescribing restricted substances for an inappropriate duration
  2. 2 Whether Dr Son's conduct amounted to professional misconduct justifying suspension or cancellation of registration
  3. 3 Whether he failed to refer a patient when treatment was not working

Ratio Decidendi

Dr Son's proven conduct, including prolonged inappropriate prescribing of a restricted substance, inadequate chronic pain management, and incomplete compliance with Medicare scheme requirements in relation to a treatment plan, amounted to unsatisfactory professional conduct but did not reach the threshold of professional misconduct warranting suspension or cancellation of registration.

Court Disposition

Complaint of unsatisfactory professional conduct proved; professional misconduct not proved; practitioner reprimanded; conditions replaced; no costs order unless further submissions requested.

Orders

  • Dr Son is reprimanded.
  • Prior conditions on Dr Son are revoked and replaced with new conditions on registration as set out in paragraph 65, including restrictions on S8 and S4 substances (with exceptions), consent to information exchange, nomination of supervisor, completion of a prescribing course, and ongoing supervision.