HCCC v Tsouroutis [2005] NSWMT 21

HCCC v Tsouroutis [2005] NSWMT 21

Because the respondent admitted conduct involving inappropriate prescribing of Schedule 8 and Schedule 4D drugs to eight patients, inadequate patient records and failure to maintain a Drug Register, and the Tribunal was satisfied to the Briginshaw standard that the conduct amounted to professional misconduct, the protective purposes of the Act were best served by allowing him to continue to practise only under conditions restricting Schedule 8 and Schedule 4 Appendix D drug dealings, prohibiting sole general practice, requiring supervision for any recommendation to prescribe those drugs, and imposing counselling and mentoring requirements.

Jurisdiction
Australia
Judgment Date
09 June 2005
Procedural Posture
Professional Disciplinary Complaint Under the Medical Practice Act 1992 Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct / Determination of Appropriate Orders After the Respondent Admitted the Conduct Alleged and Conceded Professional Misconduct
Outcome
The respondent was found guilty of professional misconduct and permitted to continue practising subject to conditions.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'overprescription of Schedule 8 and Schedule 4 D Drugs' 'inadequate Medical Record Keeping' 'failure to Maintain Drug Register' 'conditions on Medical Registration']
['health Law' 'professional Discipline' 'medical Regulation'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'overprescription of Schedule 8 and Schedule 4 D Drugs' 'inadequate Medical Record Keeping' 'failure to Maintain Drug Register' 'conditions on Medical Registration']

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Procedural Posture

Professional Disciplinary Complaint Under the Medical Practice Act 1992 Alleging Unsatisfactory Professional Conduct And/or Professional Misconduct / Determination of Appropriate Orders After the Respondent Admitted the Conduct Alleged and Conceded Professional Misconduct

Legal Issues

  1. 1 ['Whether the admitted prescribing conduct, inadequate record keeping and failure to maintain a Drug Register constituted professional misconduct under sections 36 and 37 of the Medical Practice Act 1992.' "What protective orders should be made in light of the respondent's admissions, prior conditions, insight, continuing practice and risk to patients."]

Ratio Decidendi

Because the respondent admitted conduct involving inappropriate prescribing of Schedule 8 and Schedule 4D drugs to eight patients, inadequate patient records and failure to maintain a Drug Register, and the Tribunal was satisfied to the Briginshaw standard that the conduct amounted to professional misconduct, the protective purposes of the Act were best served by allowing him to continue to practise only under conditions restricting Schedule 8 and Schedule 4 Appendix D drug dealings, prohibiting sole general practice, requiring supervision for any recommendation to prescribe those drugs, and imposing counselling and mentoring requirements.

Court Disposition

The respondent was found guilty of professional misconduct and permitted to continue practising subject to conditions.

Orders

  • ['The respondent is not to possess, supply, administer or prescribe any Schedule 8 drugs; any future change in his Schedule 8 Authority will be in accordance with the procedures contained in the protocol of the Medical Board.' 'The respondent is not to possess, supply, administer or prescribe any Schedule 4 Appendix...