Health Care Complaints Commission v Dr Mohammed Sadiq Asar [2016] NSWCATOD 157

Health Care Complaints Commission v Dr Mohammed Sadiq Asar [2016] NSWCATOD 157

Dr Mohammed Sadiq Asar engaged in a sustained course of conduct involving the inappropriate, excessive, and unlawful prescribing of drugs of addiction to numerous patients without proper authority, assessment, referral, record keeping, or regard for statutory obligations, and in ways that created serious health risks. His conduct, which persisted despite warnings and demonstrated either disregard for or ignorance of fundamental professional standards, constitutes professional misconduct justifying cancellation of registration.

Parties
Complainant: Health Care Complaints Commission; Respondent: Dr Mohammed Sadiq Asar
Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Professional Misconduct Disciplinary / Final Decision and Orders
Outcome
registration cancelled; costs ordered
Legal Topics
Professional Misconduct, Medical Practitioners, Inappropriate Prescribing, Record Keeping Requirements, Protective Orders, Costs
Health Law Professional Discipline Professional Misconduct Medical Practitioners Inappropriate Prescribing Record Keeping Requirements Protective Orders Costs

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Parties

Health Care Complaints Commission

Complainant

Dr Mohammed Sadiq Asar

Respondent

Procedural Posture

Professional Misconduct Disciplinary / Final Decision and Orders

Legal Issues

  1. 1 Whether Dr Mohammed Sadiq Asar engaged in professional misconduct by inappropriately prescribing drugs of addiction without proper authority or medical justification;
  2. 2 Whether the respondent failed to maintain adequate clinical records as required by law;
  3. 3 Whether the respondent's conduct justifies cancellation of registration;

Ratio Decidendi

Dr Mohammed Sadiq Asar engaged in a sustained course of conduct involving the inappropriate, excessive, and unlawful prescribing of drugs of addiction to numerous patients without proper authority, assessment, referral, record keeping, or regard for statutory obligations, and in ways that created serious health risks. His conduct, which persisted despite warnings and demonstrated either disregard for or ignorance of fundamental professional standards, constitutes professional misconduct justifying cancellation of registration.

Court Disposition

registration cancelled; costs ordered

Orders

  • The registration of the respondent as a medical practitioner is cancelled with effect 7 days from the date of the order.
  • Application for review of the cancellation order is not permitted for 24 months from the order date.