Health Care Complaints Commission v Tanios [2017] NSWCATOD 94

Health Care Complaints Commission v Tanios [2017] NSWCATOD 94

The practitioner's deliberate, calculated and knowing dispensing of prescription medications without valid prescriptions, self-dispensing, misappropriation of medications, and creation of false pharmacy records breached statutory and professional obligations, corrupted records fundamental to pharmacy practice, created serious health risks, and involved quantities and combinations of drugs capable of impairing safe practice. Although the Tribunal accepted the practitioner's difficult domestic, medical and work circumstances, there was no sufficient explanation negating the seriousness of the conduct, and her delayed admissions, earlier denials and blame of others increased concern....

Jurisdiction
Australia
Judgment Date
20 June 2017
Procedural Posture
Professional Disciplinary Complaint Against a Registered Pharmacist / Principal Judgment Following Hearing; Facts Admitted; Disciplinary Sanction, Costs and Publication Restriction Determined
Outcome
Complaints established; pharmacist's registration cancelled; practitioner prohibited from applying for re-registration for 12 months; work restrictions, costs order and publication restriction made.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'dispensing Prescription Medication Without Valid Prescriptions' 'false Pharmacy Dispensing Records' 'misappropriation of Medication' 'cancellation of Pharmacist Registration' 'costs' 'publication Restriction']
['health Practitioner Regulation' 'professional Discipline' 'pharmacy Regulation'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'dispensing Prescription Medication Without Valid Prescriptions' 'false Pharmacy Dispensing Records' 'misappropriation of Medication' 'cancellation of Pharmacist Registration' 'costs' 'publication Restriction']

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Procedural Posture

Professional Disciplinary Complaint Against a Registered Pharmacist / Principal Judgment Following Hearing; Facts Admitted; Disciplinary Sanction, Costs and Publication Restriction Determined

Legal Issues

  1. 1 ["Whether the practitioner's admitted dispensing of medications without valid prescriptions, dispensing to herself, and creation of false entries constituted unsatisfactory professional conduct under s.139B of the Health Practitioner Regulation National Law (NSW)." 'Whether the admitted conduct amounted to professional misconduct under s.139E of the Health Practitioner Regulation National Law (NSW).' 'What protective disciplinary orders were required under s.149C of the Health Practitioner Regulation National Law (NSW).' "Whether the practitioner should pay the complainant's costs." 'Whether publication of the identity of persons for whom drugs were prescribed should be prohibited.']

Ratio Decidendi

The practitioner's deliberate, calculated and knowing dispensing of prescription medications without valid prescriptions, self-dispensing, misappropriation of medications, and creation of false pharmacy records breached statutory and professional obligations, corrupted records fundamental to pharmacy practice, created serious health risks, and involved quantities and combinations of drugs capable of impairing safe practice. Although the Tribunal accepted the practitioner's difficult domestic, medical and work circumstances, there was no sufficient explanation negating the seriousness of the conduct, and her delayed admissions, earlier denials and blame of others increased concern....

Court Disposition

Complaints established; pharmacist's registration cancelled; practitioner prohibited from applying for re-registration for 12 months; work restrictions, costs order and publication restriction made.

Orders

  • ["The practitioner's registration as a pharmacist is cancelled pursuant to s.149C(1)(b) of the Health Practitioner Regulation National Law (NSW)." 'The practitioner may not apply to be re-registered as a pharmacist for a period of 12 months pursuant to s.149C(7) of the Health Practitioner Regulation National Law...