Health Care Complaints Commission v Karimi [2018] NSWCATOD 197

Health Care Complaints Commission v Karimi [2018] NSWCATOD 197

Dr Karimi's cumulative conduct—practising while unregistered, falsifying his registration certificate, asking for a false letter to be created, improper prescribing to patients (including drug-dependent patients) while unregistered, and writing prescriptions using staff names without consent—constituted professional...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Dr Kooshyar Karimi
Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Disciplinary Proceedings / Final Determination With Orders
Outcome
Practitioner found guilty of professional misconduct; reprimanded; registration suspended for six months; conditions imposed on registration post-suspension; costs ordered against practitioner.
Legal Topics
Professional Misconduct, Medical Practitioner Regulation, Registration and Suspension, Prescribing Offences, Costs in Disciplinary Proceedings
Health Law Professional Regulation Professional Misconduct Medical Practitioner Regulation Registration and Suspension Prescribing Offences Costs in Disciplinary Proceedings

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Parties

Health Care Complaints Commission

Applicant

Dr Kooshyar Karimi

Respondent

Procedural Posture

Disciplinary Proceedings / Final Determination With Orders

Legal Issues

  1. 1 Whether Dr Karimi engaged in professional misconduct under s 139E of the National Law by practising while unregistered, falsifying documents, improper prescribing, and inappropriate use of staff names for prescriptions; Appropriate protective order and sanction; Whether a suspension could be backdated; Whether costs are payable

Ratio Decidendi

Dr Karimi's cumulative conduct—practising while unregistered, falsifying his registration certificate, asking for a false letter to be created, improper prescribing to patients (including drug-dependent patients) while unregistered, and writing prescriptions using staff names without consent—constituted professional misconduct of sufficient seriousness to justify suspension of registration. The appropriate protective orders, considering his admissions, insight, prior suspension, and steps taken, are a reprimand, a six-month suspension (not backdated), conditions on practice, and payment of costs.

Court Disposition

Practitioner found guilty of professional misconduct; reprimanded; registration suspended for six months; conditions imposed on registration post-suspension; costs ordered against practitioner.

Orders

  • Dr Kooshyar Karimi is reprimanded.
  • Dr Karimi's registration is suspended for six months from the date of the orders (19 December 2018).