Health Care Complaints Commission v Bova [2016] NSWCATOD 43

Health Care Complaints Commission v Bova [2016] NSWCATOD 43

The Tribunal found that while there was no proven improper substitution or use of technical grade, the respondent failed to ensure that Dextran T(500) Sulphate was safe for use in the eye prior to compounding, dispensed excessive quantities, failed to comply with prescription and drug register regulations, and cumulatively engaged in unsatisfactory professional conduct and professional misconduct under the National Law.

Jurisdiction
Australia
Judgment Date
13 April 2016
Procedural Posture
Disciplinary Complaint / Final Determination
Outcome
Respondent found guilty of professional misconduct.
Legal Topics
['professional Misconduct' 'compounding Pharmacy' 'prescription Compliance' 'drug Register Maintenance' 'substitution of Pharmaceutical Ingredients']
['health Law' 'pharmacy Regulation'] ['professional Misconduct' 'compounding Pharmacy' 'prescription Compliance' 'drug Register Maintenance' 'substitution of Pharmaceutical Ingredients']

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Procedural Posture

Disciplinary Complaint / Final Determination

Legal Issues

  1. 1 ["Whether respondent's conduct constituted unsatisfactory professional conduct or professional misconduct under Health Practitioner Regulation National Law (NSW)" 'Whether substitution of Dextran T(500) Sulphate for Dextran T(500) was authorised and appropriate' 'Whether respondent failed to ensure compliance with prescription, storage and drug register requirements']

Ratio Decidendi

The Tribunal found that while there was no proven improper substitution or use of technical grade, the respondent failed to ensure that Dextran T(500) Sulphate was safe for use in the eye prior to compounding, dispensed excessive quantities, failed to comply with prescription and drug register regulations, and cumulatively engaged in unsatisfactory professional conduct and professional misconduct under the National Law.

Court Disposition

Respondent found guilty of professional misconduct.

Orders

  • ['The Respondent is guilty of professional misconduct.']