Health Care Complaints Commission v Javaheri [2022] NSWCATOD 162

Health Care Complaints Commission v Javaheri [2022] NSWCATOD 162

The Tribunal found Dr Javaheri guilty of unsatisfactory professional conduct for failing to adequately inform himself of and comply with legal and regulatory requirements for prescribing Schedule 8 and 4 drugs, inappropriately prescribing these drugs without adequate assessments, response to drug dependency, or authority, and for maintaining insufficient clinical records, as well as professional misconduct based on the cumulative seriousness of these actions. The Tribunal determined that, while the conduct justified serious sanction, a reprimand and conditions short of suspension were sufficient given evidence of substantial remediation and continued effective supervision.

Jurisdiction
Australia
Judgment Date
13 December 2022
Procedural Posture
Disciplinary (occupational) Proceeding / Final Determination and Orders
Outcome
Reprimand and imposition of practice and education conditions on registration (no suspension)
Legal Topics
['medical Practitioner Regulation' 'prescribing Practices' 'professional Misconduct' 'record Keeping Requirements']
['health Law' 'professional Discipline' 'administrative Law'] ['medical Practitioner Regulation' 'prescribing Practices' 'professional Misconduct' 'record Keeping Requirements']

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Procedural Posture

Disciplinary (occupational) Proceeding / Final Determination and Orders

Legal Issues

  1. 1 ['Whether Dr Javaheri engaged in unsatisfactory professional conduct under s 139B(1)(a), (b), and (l) of the Health Practitioner Regulation National Law.' 'Whether Dr Javaheri engaged in professional misconduct under s 139E of the National Law.' 'Whether Protective Orders (reprimand and practice conditions) should be imposed in response to the findings.']

Ratio Decidendi

The Tribunal found Dr Javaheri guilty of unsatisfactory professional conduct for failing to adequately inform himself of and comply with legal and regulatory requirements for prescribing Schedule 8 and 4 drugs, inappropriately prescribing these drugs without adequate assessments, response to drug dependency, or authority, and for maintaining insufficient clinical records, as well as professional misconduct based on the cumulative seriousness of these actions. The Tribunal determined that, while the conduct justified serious sanction, a reprimand and conditions short of suspension were sufficient given evidence of substantial remediation and continued effective supervision.

Court Disposition

Reprimand and imposition of practice and education conditions on registration (no suspension)

Orders

  • ['Pursuant to section 149A(1)(a) of the Health Practitioner Regulation National Law, Dr Javaheri is reprimanded.' "Pursuant to section 149A(1)(b) of the National Law, the following Conditions are imposed on the practitioner's registration:" "Until completion of the specified education, Dr Javaheri is not to possess,...