Re the Medical Practice Act 1992 and Dr Michael Ivan Davis. [2002] NSWMT 6

Re the Medical Practice Act 1992 and Dr Michael Ivan Davis. [2002] NSWMT 6

The Tribunal was not comfortably satisfied on the balance of probabilities that the Respondent presently suffered from impairment, having regard to the favourable urine testing and rehabilitation evidence. However, because the Respondent admitted the particulars of Complaint Two, the Tribunal found that the conduct amounted to unsatisfactory professional conduct under s.36 and professional misconduct under s.37 of the Medical Practice Act, 1992. The Tribunal accepted that the conduct was the product of drug addiction and imposed stringent conditions on registration, together with a costs order, to meet the protective purposes of the jurisdiction.

Jurisdiction
Australia
Judgment Date
06 September 2002
Procedural Posture
Enquiry Into Two Complaints Under the Medical Practice Act, 1992 / Reasons for Determination and Orders
Outcome
Complaint One not proven; Complaint Two established as unsatisfactory professional conduct and professional misconduct; conditions imposed on the Respondent's registration and the Respondent ordered to pay the Complainant's costs.
Legal Topics
['impairment' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'drug Addiction by Medical Practitioner' 'conditions on Medical Registration' 'suppression Order']
['health Law' 'professional Regulation' 'medical Disciplinary Proceedings'] ['impairment' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'drug Addiction by Medical Practitioner' 'conditions on Medical Registration' 'suppression Order']

Case Brief

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Procedural Posture

Enquiry Into Two Complaints Under the Medical Practice Act, 1992 / Reasons for Determination and Orders

Legal Issues

  1. 1 ['Whether the Respondent presently suffered from an impairment within the meaning of clause 3 of the Dictionary to the Medical Practice Act, 1992, namely addiction to a deleterious drug detrimentally affecting or likely to detrimentally affect his capacity to practise medicine.' "Whether the Respondent's admitted conduct, including false reports, false and misleading information, prescribing or supplying drugs of addiction without authority, breaching registration conditions, and self-administration of narcotics, constituted unsatisfactory professional conduct under s.36 of the Medical Practice Act, 1992." "Whether the Respondent's unsatisfactory professional conduct was sufficiently serious to constitute professional misconduct under s.37 of the Medical Practice Act, 1992." "What protective orders or conditions should be imposed on the Respondent's registration."]

Ratio Decidendi

The Tribunal was not comfortably satisfied on the balance of probabilities that the Respondent presently suffered from impairment, having regard to the favourable urine testing and rehabilitation evidence. However, because the Respondent admitted the particulars of Complaint Two, the Tribunal found that the conduct amounted to unsatisfactory professional conduct under s.36 and professional misconduct under s.37 of the Medical Practice Act, 1992. The Tribunal accepted that the conduct was the product of drug addiction and imposed stringent conditions on registration, together with a costs order, to meet the protective purposes of the jurisdiction.

Court Disposition

Complaint One not proven; Complaint Two established as unsatisfactory professional conduct and professional misconduct; conditions imposed on the Respondent's registration and the Respondent ordered to pay the Complainant's costs.

Orders

  • ['There be no publication of the names of Patients A and B or any material capable of identifying them.' 'The Respondent is not to prescribe for self-medication.' 'The Respondent is not to self-administer any substance detailed in Schedule 4 or 8 of the NSW Poisons List or Schedule 1 of the Drugs Misuse and...