Health Care Complaints Commission v Saldevar [2015] NSWCATOD 96

Health Care Complaints Commission v Saldevar [2015] NSWCATOD 96

Dr Saldevar admitted and was found guilty of professional misconduct and unsatisfactory professional conduct due to failures in assessment, inappropriate prescribing of Schedule 8 drugs, poor record keeping, and non-compliance with legislative requirements. In light of remedial steps taken, his cessation of Schedule 8 drug prescribing, and evidence of improvements and compliance with conditions, the Tribunal imposed a reprimand, practice conditions, and costs order rather than suspension or cancellation of registration.

Parties
Applicant: Health Care Complaints Commission; Respondent: Dr Ferdinand Saldevar
Jurisdiction
Australia
Judgment Date
14 August 2015
Procedural Posture
Complaint Proceedings Before NSW Civil and Administrative Tribunal Occupational Division / Post Hearing: Reasons for Decision and Orders
Outcome
Respondent reprimanded; practice conditions imposed; applicant's costs awarded
Legal Topics
Professional Misconduct, Medical Practitioner Discipline, Prescribing Drugs of Addiction, Medical Record Keeping, Practice Conditions, Audit and Supervision
Health Law Professional Regulation Professional Misconduct Medical Practitioner Discipline Prescribing Drugs of Addiction Medical Record Keeping Practice Conditions Audit and Supervision

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Parties

Health Care Complaints Commission

Applicant

Dr Ferdinand Saldevar

Respondent

Procedural Posture

Complaint Proceedings Before NSW Civil and Administrative Tribunal Occupational Division / Post Hearing: Reasons for Decision and Orders

Legal Issues

  1. 1 Whether the respondent was guilty of unsatisfactory professional conduct within the meaning of section 139B of the National Law
  2. 2 Whether the respondent was guilty of professional misconduct within the meaning of section 139E of the National Law
  3. 3 Appropriate consequential orders upon a finding of professional misconduct

Ratio Decidendi

Dr Saldevar admitted and was found guilty of professional misconduct and unsatisfactory professional conduct due to failures in assessment, inappropriate prescribing of Schedule 8 drugs, poor record keeping, and non-compliance with legislative requirements. In light of remedial steps taken, his cessation of Schedule 8 drug prescribing, and evidence of improvements and compliance with conditions, the Tribunal imposed a reprimand, practice conditions, and costs order rather than suspension or cancellation of registration.

Court Disposition

Respondent reprimanded; practice conditions imposed; applicant's costs awarded

Orders

  • The respondent is reprimanded.
  • The respondent not to possess, supply, administer or prescribe any Schedule 8 drugs.