Health Care Complaints Commission v Echano [2018] NSWCATOD 30

Health Care Complaints Commission v Echano [2018] NSWCATOD 30

Dr Echano's conduct in prescribing addictive drugs to patients with known histories of drug dependence, and in failing to keep adequate records, amounted to professional misconduct of such seriousness that cancellation of registration was required to protect the public and maintain confidence in the medical profession; Dr Echano's rehabilitative efforts and insight were insufficient to satisfy the Tribunal that the risk of future misconduct had been adequately addressed.

Parties
Applicant: Health Care Complaints Commission; Respondent: Arthur Macaro Echano
Jurisdiction
Australia
Judgment Date
05 March 2018
Procedural Posture
Disciplinary Application / Hearing and Final Decision
Outcome
Application granted; registration cancelled
Legal Topics
Medical Practitioners, Prescription of Opioids, Recordkeeping, Professional Misconduct, Appropriate Disciplinary Orders
Professional Discipline Health Law Medical Practitioners Prescription of Opioids Recordkeeping Professional Misconduct Appropriate Disciplinary Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Health Care Complaints Commission

Applicant

Arthur Macaro Echano

Respondent

Procedural Posture

Disciplinary Application / Hearing and Final Decision

Legal Issues

  1. 1 Whether Dr Echano engaged in unsatisfactory professional conduct and/or professional misconduct in the treatment of 12 patients involving prescription of addictive drugs and inadequate medical records
  2. 2 Whether the admitted conduct warrants cancellation of registration or another sanction
  3. 3 Whether rehabilitative and remedial steps taken by Dr Echano are sufficient to allow continued registration

Ratio Decidendi

Dr Echano's conduct in prescribing addictive drugs to patients with known histories of drug dependence, and in failing to keep adequate records, amounted to professional misconduct of such seriousness that cancellation of registration was required to protect the public and maintain confidence in the medical profession; Dr Echano's rehabilitative efforts and insight were insufficient to satisfy the Tribunal that the risk of future misconduct had been adequately addressed.

Court Disposition

Application granted; registration cancelled

Orders

  • The respondent's registration be cancelled as from the date of publication of this decision and that he not be permitted to apply for review for one year from the date.
  • The respondent pay the applicant's costs of the proceedings.