Riley v Health Care Complaints Commission [2019] NSWCATOD 54

Riley v Health Care Complaints Commission [2019] NSWCATOD 54

Dr Riley's failure to record the total doses of Fentanyl and Ketamine administered during a procedure constituted a contravention of the record-keeping provisions under the Regulation and thus amounted to 'unsatisfactory professional conduct' under s.139B(1)(b). The Tribunal, considering public protection, appropriate sanction, and general deterrence, concluded that a formal caution (rather than a reprimand or no order) was necessary, particularly given the use of Schedule 8 drugs and the need to reinforce record-keeping standards within the profession.

Parties
Appellant: Dr Jonathon Riley; Respondent: Health Care Complaints Commission
Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Appeal (disciplinary Proceeding) / Final Orders After Rehearing on the Merits
Outcome
Appellant's appeal upheld in part—finding of unsatisfactory professional conduct affirmed, but PSC reprimand substituted with a caution.
Legal Topics
Medical Practitioners—record Keeping, Professional Misconduct—unsatisfactory Professional Conduct, Interpretation of Health Practitioner Regulation National Law (nsw), Schedule 8 Drugs—recording Requirements
Health Law Professional Discipline Medical Practitioners—record Keeping Professional Misconduct—unsatisfactory Professional Conduct Interpretation of Health Practitioner Regulation National Law (nsw) Schedule 8 Drugs—recording Requirements

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Parties

Dr Jonathon Riley

Appellant

Health Care Complaints Commission

Respondent

Procedural Posture

Appeal (disciplinary Proceeding) / Final Orders After Rehearing on the Merits

Legal Issues

  1. 1 Whether Dr Riley's failure to record total doses of Fentanyl and Ketamine constituted a breach of Health Practitioner Regulation (NSW) Regulation 2010, Schedule 2
  2. 2 Whether such failure amounted to 'unsatisfactory professional conduct' under s.139B(1)(b) National Law
  3. 3 Proper construction of 'medication prescribed' for record-keeping under the National Law and Regulations

Ratio Decidendi

Dr Riley's failure to record the total doses of Fentanyl and Ketamine administered during a procedure constituted a contravention of the record-keeping provisions under the Regulation and thus amounted to 'unsatisfactory professional conduct' under s.139B(1)(b). The Tribunal, considering public protection, appropriate sanction, and general deterrence, concluded that a formal caution (rather than a reprimand or no order) was necessary, particularly given the use of Schedule 8 drugs and the need to reinforce record-keeping standards within the profession.

Court Disposition

Appellant's appeal upheld in part—finding of unsatisfactory professional conduct affirmed, but PSC reprimand substituted with a caution.

Orders

  • The name of the patient referred to in the complaint is not to be published.
  • Pursuant to s.149A(1)(a) of the National Law, Dr Jonathon Riley is cautioned in relation to his record making in respect to a procedure performed on 15 April 2013.