Health Care Complaints Commission v Sadek (No 2) [2018] NSWCATOD 90

Health Care Complaints Commission v Sadek (No 2) [2018] NSWCATOD 90

The Tribunal held that Mr Sadek's misconduct was extremely serious, repeated and prolonged, involving huge quantities of high strength OxyContin dispensed over a long period in highly suspicious circumstances, actual or constructive knowledge of likely misuse, failure to report suspicious scripts or doctors, and conduct showing consciousness of wrongdoing. Conditions restricting Schedule 8 drugs would not adequately protect the public because his conduct showed gross failure of compliance and professional judgment, lack of adequate insight or remediation, professional isolation, and willingness to put his own pecuniary interest ahead of professional obligations and public safety....

Jurisdiction
Australia
Judgment Date
12 June 2018
Procedural Posture
Occupational Division Disciplinary Proceedings Concerning Professional Misconduct by a Registered Pharmacist / Stage 2 Determination Regarding Appropriate Orders After Findings of Professional Misconduct
Outcome
Mr Sadek was reprimanded, his registration as a pharmacist was cancelled effective 30 days from the order, he was barred from applying for review for 2 years from the order taking effect, and he was ordered to pay the HCCC's costs.
Legal Topics
['professional Misconduct' 'schedule 8 Medications' 'oxy Contin Dispensing' 'cancellation of Registration' 'protective Orders' 'costs']
['health Practitioner Regulation' 'professional Discipline' 'pharmacy Practice'] ['professional Misconduct' 'schedule 8 Medications' 'oxy Contin Dispensing' 'cancellation of Registration' 'protective Orders' 'costs']

Case Brief

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Procedural Posture

Occupational Division Disciplinary Proceedings Concerning Professional Misconduct by a Registered Pharmacist / Stage 2 Determination Regarding Appropriate Orders After Findings of Professional Misconduct

Legal Issues

  1. 1 ['What protective orders were appropriate following findings that Mr Sadek engaged in professional misconduct in dispensing large quantities of high strength OxyContin and other Schedule 8 medications in irregular and inappropriate circumstances.' 'Whether cancellation of registration, rather than suspension with conditions, was necessary to protect the public.' 'Whether Mr Sadek should be reprimanded and prevented from applying for review of cancellation for a period.' 'Whether the Health Care Complaints Commission should receive its costs.']

Ratio Decidendi

The Tribunal held that Mr Sadek's misconduct was extremely serious, repeated and prolonged, involving huge quantities of high strength OxyContin dispensed over a long period in highly suspicious circumstances, actual or constructive knowledge of likely misuse, failure to report suspicious scripts or doctors, and conduct showing consciousness of wrongdoing. Conditions restricting Schedule 8 drugs would not adequately protect the public because his conduct showed gross failure of compliance and professional judgment, lack of adequate insight or remediation, professional isolation, and willingness to put his own pecuniary interest ahead of professional obligations and public safety....

Court Disposition

Mr Sadek was reprimanded, his registration as a pharmacist was cancelled effective 30 days from the order, he was barred from applying for review for 2 years from the order taking effect, and he was ordered to pay the HCCC's costs.

Orders

  • ['Mr Sadek is reprimanded.' "Cancellation of the practitioner's registration as a pharmacist under s 149C(1)(b) of the National Law effective 30 days from the date of this order." 'The practitioner may not apply for review of the order for 2 years from the date of the order coming into effect per s 149C(7).'...