Health Care Complaints Commission v Bova [2017] NSWCATOD 28

Health Care Complaints Commission v Bova [2017] NSWCATOD 28

Because the Respondent had taken significant steps to remedy deficiencies, the breaches were 4 to 5 years old, and he had practised during that time without a mentor, a mentoring condition was not appropriate. Enhanced CPD obligations and specified compounding restrictions were sufficient and appropriate to protect the public and the profession. Two audits over eighteen months were sufficient, but the Council should not be limited to auditing only matters that were the subject of the proven breaches. As both parties were partially successful and significant interlocutory time had been spent on applications with mixed outcomes, any allocation of costs by percentage would be arbitrary and...

Jurisdiction
Australia
Judgment Date
21 February 2017
Procedural Posture
Occupational Division Disciplinary Proceedings Concerning Pharmacy Practice / Stage 2 Hearing on Appropriate Orders After Stage 1 Decision and Findings of Unsatisfactory Professional Conduct and Professional Misconduct
Outcome
Conditions were placed on the Respondent's registration; no order as to costs was made.
Legal Topics
['pharmacy Compounding' 'substitution' 'commercially Available Pharmaceutical Products' 'conditions on Registration' 'continuing Professional Development' 'audits' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'pharmacy Regulation'] ['pharmacy Compounding' 'substitution' 'commercially Available Pharmaceutical Products' 'conditions on Registration' 'continuing Professional Development' 'audits' 'costs']

Case Brief

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Procedural Posture

Occupational Division Disciplinary Proceedings Concerning Pharmacy Practice / Stage 2 Hearing on Appropriate Orders After Stage 1 Decision and Findings of Unsatisfactory Professional Conduct and Professional Misconduct

Legal Issues

  1. 1 ["Whether a mentoring program should be imposed as a condition on the Respondent's registration" 'Whether additional CPD obligations and restrictions concerning Schedule 8 drugs were sufficient and appropriate' 'Whether audit conditions should require two or three audits and whether the audit should be limited to the breaches found' "Whether the Respondent should pay any part of the Applicant's costs"]

Ratio Decidendi

Because the Respondent had taken significant steps to remedy deficiencies, the breaches were 4 to 5 years old, and he had practised during that time without a mentor, a mentoring condition was not appropriate. Enhanced CPD obligations and specified compounding restrictions were sufficient and appropriate to protect the public and the profession. Two audits over eighteen months were sufficient, but the Council should not be limited to auditing only matters that were the subject of the proven breaches. As both parties were partially successful and significant interlocutory time had been spent on applications with mixed outcomes, any allocation of costs by percentage would be arbitrary and...

Court Disposition

Conditions were placed on the Respondent's registration; no order as to costs was made.

Orders

  • ['The Practitioner is not to personally compound any pharmaceutical products for human use.' 'The Practitioner is not to allow the bulk extemporaneous compounding of any pharmaceutical product for the purposes of supply for human use.' 'The Practitioner is not to allow the compounding of Codeine, Dexamphetamine,...