Health Care Complaints Commission v Suri [2016] NSWCATOD 54

Health Care Complaints Commission v Suri [2016] NSWCATOD 54

The respondent's established conduct, considered cumulatively, involved serious and long-standing disregard of the regulatory regime for drugs of addiction, including insecure storage, deficient drug registers, prescribing drugs of addiction to drug dependent patients without proper authority, inappropriate prescribing combinations or quantities, and inadequate documentation. This constituted unsatisfactory professional conduct and, in the aggregate, professional misconduct under s 139E because it was sufficiently serious to justify suspension. Public protection, deterrence, denunciation and maintenance of confidence in the medical profession required a short suspension and ongoing...

Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Application for Disciplinary Findings and Orders Against a Registered Medical Practitioner / Principal Judgment Following Hearing on Complaints and Protective Orders
Outcome
The respondent was found guilty of professional misconduct. His registration was suspended for 3 months, effective 1 month from the decision date, with practice conditions imposed and costs ordered in favour of the complainant.
Legal Topics
['professional Misconduct' 'unsatisfactory Professional Conduct' 'prescribing Drugs of Addiction' 'schedule 8 and Schedule 4 D Drugs' 'drug Registers and Storage' 'practice Conditions' 'suspension of Registration' 'costs']
['health Practitioner Regulation' 'occupational Discipline' 'medical Law'] ['professional Misconduct' 'unsatisfactory Professional Conduct' 'prescribing Drugs of Addiction' 'schedule 8 and Schedule 4 D Drugs' 'drug Registers and Storage' 'practice Conditions' 'suspension of Registration' 'costs']

Case Brief

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Procedural Posture

Application for Disciplinary Findings and Orders Against a Registered Medical Practitioner / Principal Judgment Following Hearing on Complaints and Protective Orders

Legal Issues

  1. 1 ['Whether the respondent engaged in unsatisfactory professional conduct by leaving prescription pads unattended, failing to report suspected thefts, failing to securely store drugs of addiction, failing to keep a drug register, prescribing drugs of addiction without proper authority, and failing to document or perform appropriate examinations.' 'Whether the established instances of unsatisfactory professional conduct amounted to professional misconduct within s 139E of the Health Practitioner Regulation National Law (NSW).' 'What protective orders were appropriate, including whether suspension, practice restrictions, supervision, audit and costs orders should be made.']

Ratio Decidendi

The respondent's established conduct, considered cumulatively, involved serious and long-standing disregard of the regulatory regime for drugs of addiction, including insecure storage, deficient drug registers, prescribing drugs of addiction to drug dependent patients without proper authority, inappropriate prescribing combinations or quantities, and inadequate documentation. This constituted unsatisfactory professional conduct and, in the aggregate, professional misconduct under s 139E because it was sufficiently serious to justify suspension. Public protection, deterrence, denunciation and maintenance of confidence in the medical profession required a short suspension and ongoing...

Court Disposition

The respondent was found guilty of professional misconduct. His registration was suspended for 3 months, effective 1 month from the decision date, with practice conditions imposed and costs ordered in favour of the complainant.

Orders

  • ['The registration of the respondent is suspended pursuant to s149C(1) of the National Law for a period of 3 months, effective 1 month from this date.' 'Following the period of suspension, the registration of the respondent shall be subject to the conditions, except for conditions 2 and 4, imposed by the Medical...