Lee v Dental Council of NSW [2021] NSWCATOD 158

Lee v Dental Council of NSW [2021] NSWCATOD 158

Dr Lee engaged in unsatisfactory professional conduct by failing to obtain and document informed consent, failing to maintain dental records, and failing to comply with infection control guidelines, all falling significantly below the standard expected of an experienced dentist, in the context of teaching Workshops...

Source-derived case information.

Parties
Applicant: Dr Kenneth Lee; Respondent: Dental Council of NSW
Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Appeal / Final Decision of NCAT Occupational Division on Appeal Against Professional Disciplinary Decision
Outcome
The decision of the Dental Council of NSW made on 24 August 2020 is set aside. Instead, conditions are imposed upon Dr Lee's registration as specified.
Legal Topics
Unsatisfactory Professional Conduct, Informed Consent, Dental Records, Infection Control, Scope of Professional Practice, Health Practitioner Regulation
Health Law Administrative Law Professional Discipline Unsatisfactory Professional Conduct Informed Consent Dental Records Infection Control Scope of Professional Practice +1 more

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Parties

Dr Kenneth Lee

Applicant

Dental Council of NSW

Respondent

Procedural Posture

Appeal / Final Decision of NCAT Occupational Division on Appeal Against Professional Disciplinary Decision

Legal Issues

  1. 1 Whether Dr Lee engaged in unsatisfactory professional conduct under s 139B(1)(a) of the Health Practitioner Regulation National Law (NSW)
  2. 2 Whether Dr Lee failed to obtain and document informed consent prior to treatment
  3. 3 Whether Dr Lee failed to maintain adequate dental records

Ratio Decidendi

Dr Lee engaged in unsatisfactory professional conduct by failing to obtain and document informed consent, failing to maintain dental records, and failing to comply with infection control guidelines, all falling significantly below the standard expected of an experienced dentist, in the context of teaching Workshops involving invasive procedures.

Court Disposition

The decision of the Dental Council of NSW made on 24 August 2020 is set aside. Instead, conditions are imposed upon Dr Lee's registration as specified.

Orders

  • The decision made by the Dental Council of NSW on 24 August 2020 is set aside.
  • In substitution, Dr Lee's registration is subject to the following conditions: (a) Not to provide or teach in any educational course or programme in the areas of acupuncture, dry needling or trigger point injection techniques in dentistry; (b) Not to practise acupuncture in the course of providing dental treatment...