Health Care Complaints Commission v Fraser [2014] NSWCATOD 29

Health Care Complaints Commission v Fraser [2014] NSWCATOD 29

The Tribunal found that the practitioner was recklessly indifferent to Chittoor Krishnan's lack of medical registration from at least 30 October 2008 and knew by about 10 February 2010 that he was not registered. It found proved that she administered intravenous vitamin C to Patient D under his purported supervision, administered IPT to Patient B at her cosmetic clinic when she knew he was unregistered, administered intravenous vitamin therapy to Patient A without appropriate supervision, and participated with Patient A in procuring Bleomycin from Dr Tendek knowing its administration would not be supervised by a registered medical practitioner. Those acts involved serious departures from...

Jurisdiction
Australia
Judgment Date
04 April 2014
Procedural Posture
Disciplinary Complaint Under the Health Practitioner Regulation National Law Concerning a Registered Nurse and Midwife, Alleging Unsatisfactory Professional Conduct and Professional Misconduct / Principal Judgment Following Stage 1 Hearing on Whether Complaints Were Proved; Protective Orders and Costs Deferred
Outcome
Complaints proved. The Tribunal found the particulars established conduct sufficiently serious to justify suspension or cancellation of the practitioner's registration. Protective orders and costs were deferred for further submissions or relisting.
Legal Topics
['unsatisfactory Professional Conduct' 'professional Misconduct' 'nursing Standards' 'alternative Cancer Therapy' 'insulin Potentiation Therapy' 'intravenous Vitamin Therapy' 'reckless Indifference' 'procedural Fairness' 'briginshaw Standard' 'browne V Dunn']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law' 'evidence and Procedure'] ['unsatisfactory Professional Conduct' 'professional Misconduct' 'nursing Standards' 'alternative Cancer Therapy' 'insulin Potentiation Therapy' 'intravenous Vitamin Therapy' 'reckless Indifference' 'procedural Fairness' 'briginshaw Standard' 'browne V Dunn']

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Procedural Posture

Disciplinary Complaint Under the Health Practitioner Regulation National Law Concerning a Registered Nurse and Midwife, Alleging Unsatisfactory Professional Conduct and Professional Misconduct / Principal Judgment Following Stage 1 Hearing on Whether Complaints Were Proved; Protective Orders and Costs Deferred

Legal Issues

  1. 1 ['Whether the practitioner knew or was recklessly indifferent to the fact that Chittoor Krishnan was not a registered medical practitioner when she administered or assisted in IPT or intravenous vitamin therapy.' "Whether the practitioner's administration of IPT or intravenous vitamin therapy demonstrated knowledge, skill, judgment or care significantly below the standard reasonably expected of a practitioner of equivalent training or experience." 'Whether the practitioner engaged in improper or unethical conduct relating to nursing practice.' 'Whether the practitioner collaborated with Chittoor Krishnan to import and supply chemotherapy drugs without appropriate authorisation.' 'Whether the established conduct amounted to unsatisfactory professional conduct and professional misconduct justifying suspension or cancellation of registration.' 'Whether procedural fairness required a two stage hearing before protective orders and costs were determined.']

Ratio Decidendi

The Tribunal found that the practitioner was recklessly indifferent to Chittoor Krishnan's lack of medical registration from at least 30 October 2008 and knew by about 10 February 2010 that he was not registered. It found proved that she administered intravenous vitamin C to Patient D under his purported supervision, administered IPT to Patient B at her cosmetic clinic when she knew he was unregistered, administered intravenous vitamin therapy to Patient A without appropriate supervision, and participated with Patient A in procuring Bleomycin from Dr Tendek knowing its administration would not be supervised by a registered medical practitioner. Those acts involved serious departures from...

Court Disposition

Complaints proved. The Tribunal found the particulars established conduct sufficiently serious to justify suspension or cancellation of the practitioner's registration. Protective orders and costs were deferred for further submissions or relisting.

Orders

  • ['In the event that the respondent wishes to have the opportunity to provide any evidence or make any submissions to the Tribunal in respect of protective orders and costs orders it may make she shall by 17 April 2014 notify in writing the Registrar of the New South Wales Civil and Administrative Tribunal,...