Health Care Complaints Commission v Whitton [2019] NSWCATOD 175

Health Care Complaints Commission v Whitton [2019] NSWCATOD 175

The Tribunal found that Dr Whitton engaged in unsatisfactory professional conduct and professional misconduct by self-administering drugs, inappropriately prescribing and administering drugs to himself, a partner, and family members, prescribing and dispensing scheduled drugs without adequate assessment or authority, keeping inadequate records, renewing prescriptions without consultation and billing Medicare for such, and breaching imposed conditions. His conduct was significantly below the standard reasonably expected, amounted to improper and unethical conduct, justified cancellation of registration had he remained registered, and warranted a two-year disqualification. Costs were...

Parties
Applicant: Health Care Complaints Commission; Respondent: Louis Albert Whitton
Jurisdiction
Australia
Judgment Date
19 November 2019
Procedural Posture
Disciplinary Proceeding / Final Hearing and Determination
Outcome
Complaints established; declaration of cancellation if still registered; two-year disqualification; orders as to national register, notification, non-publication, and costs.
Legal Topics
Medical Practitioner Misconduct, Professional Standards, Registration Cancellation, Drug Prescription and Record Keeping, Costs Orders, Non Publication Orders
Health Law Professional Discipline Medical Practitioner Misconduct Professional Standards Registration Cancellation Drug Prescription and Record Keeping Costs Orders Non Publication Orders

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Parties

Health Care Complaints Commission

Applicant

Louis Albert Whitton

Respondent

Procedural Posture

Disciplinary Proceeding / Final Hearing and Determination

Legal Issues

  1. 1 Whether Dr Whitton engaged in unsatisfactory professional conduct or professional misconduct under the National Law
  2. 2 Whether Dr Whitton breached conditions of registration
  3. 3 Whether protective orders should be made (cancellation, disqualification)

Ratio Decidendi

The Tribunal found that Dr Whitton engaged in unsatisfactory professional conduct and professional misconduct by self-administering drugs, inappropriately prescribing and administering drugs to himself, a partner, and family members, prescribing and dispensing scheduled drugs without adequate assessment or authority, keeping inadequate records, renewing prescriptions without consultation and billing Medicare for such, and breaching imposed conditions. His conduct was significantly below the standard reasonably expected, amounted to improper and unethical conduct, justified cancellation of registration had he remained registered, and warranted a two-year disqualification. Costs were...

Court Disposition

Complaints established; declaration of cancellation if still registered; two-year disqualification; orders as to national register, notification, non-publication, and costs.

Orders

  • If Dr Louis Albert Whitton had been registered at the date of hearing, the Tribunal would have cancelled his registration (s 149C(4)(a) National Law).
  • The respondent is disqualified for a period of two years (s 149C(4)(b) National Law).