Health Care Complaints Commission v Low [2015] NSWCATOD 18

Health Care Complaints Commission v Low [2015] NSWCATOD 18

The Respondent's admitted conduct was serious professional misconduct damaging to the reputation of the profession and public confidence, but the evidence did not establish that he was unfit to practise or probably permanently unfit to practise. The Tribunal accepted on the balance of probabilities that the conduct arose from ignorance, naivety, professional isolation and neglect of continuing medical education, and considered his remorse, insight, supervision and improved practice. Public protection therefore required a reprimand, continuing restrictions on Schedule 8 and Schedule 4D prescribing, group practice requirements, supervision until 22 October 2015, monitoring, mentoring,...

Jurisdiction
Australia
Judgment Date
23 March 2015
Procedural Posture
Complaint About Professional Conduct of a Registered Medical Practitioner / Hearing in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
Respondent reprimanded; registration continued subject to conditions; Respondent ordered to pay the Complainant's costs as agreed or assessed.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'prescribing Drugs of Addiction' 'schedule 8 Drugs' 'schedule 4 D Drugs' 'medical Record Keeping' 'protective Disciplinary Orders' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'medical Regulation'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'prescribing Drugs of Addiction' 'schedule 8 Drugs' 'schedule 4 D Drugs' 'medical Record Keeping' 'protective Disciplinary Orders' 'costs']

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Procedural Posture

Complaint About Professional Conduct of a Registered Medical Practitioner / Hearing in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ["Whether the Respondent's admitted prescribing, record keeping and associated conduct amounted to unsatisfactory professional conduct and professional misconduct." "Whether the Respondent's registration should be cancelled as sought by the Complainant or whether reprimand and conditions were sufficient to protect the public and the profession." "Whether the Tribunal accepted the Respondent's explanation that the conduct resulted from ignorance, naivety, professional isolation and neglect of continuing medical education rather than financial motivation." 'Whether supervision, mentoring, education, restrictions on prescribing rights and other practice conditions were required.' "Whether the Respondent should pay the Complainant's costs."]

Ratio Decidendi

The Respondent's admitted conduct was serious professional misconduct damaging to the reputation of the profession and public confidence, but the evidence did not establish that he was unfit to practise or probably permanently unfit to practise. The Tribunal accepted on the balance of probabilities that the conduct arose from ignorance, naivety, professional isolation and neglect of continuing medical education, and considered his remorse, insight, supervision and improved practice. Public protection therefore required a reprimand, continuing restrictions on Schedule 8 and Schedule 4D prescribing, group practice requirements, supervision until 22 October 2015, monitoring, mentoring,...

Court Disposition

Respondent reprimanded; registration continued subject to conditions; Respondent ordered to pay the Complainant's costs as agreed or assessed.

Orders

  • ['The Respondent is reprimanded.' "The Respondent's registration as a medical practitioner is to be subject to the conditions set out in the decision." "The Respondent must pay the Complainant's costs of the proceedings as agreed or as assessed." 'The Respondent must not prescribe, possess, supply, administer,...