Health Care Complaints Commission v Hassan [2020] NSWCATOD 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hassan [2020] NSWCATOD 155 Hearing dates: 25, 26, 27, November 2020; 14 December 2020 Date of orders: 22 December 2020 Decision date: 22 December 2020 Jurisdiction: Occupational Division Before: D Cowdroy AO QC ADCJ, Principal Member Dr G Yeo, Professional Member Dr K Ilbery, Professional Member D Telford, General Member Decision: (1) Under section 149A(1)(a) of the Health Practitioner Regulation National Law, the Tribunal reprimands the respondent. (2) Under section 149C(1) of the Health Practitioner Regulation National Law , the Tribunal suspends the respondent's registration for a period of [4] months from the date of the Tribunal decision ("the suspension period"). (3) Practice conditions Under section 149A(1) of the Health Practitioner Regulation National Law , the Tribunal directs that the following Conditions be imposed on the respondent's registration from the expiry of the suspension period for a minimum period of two years: 1. To practise only in a group practice approved by the Medical Council of NSW where there are at least two registered medical practitioners (excluding the subject practitioner): (i) Where the patients and patient records are shared between the medical practitioners. (ii) Where there is always one other registered medical practitioner on site. (iii) Which is an accredited practice. 2. To treat no more than 30 patients in any one day. 3. To practise under Category C supervision in accordance with the Medical Council of NSW's Compliance Policy – Supervision (as varied from time to time) and determined by the appropriate review body. a. The terms of the Council's Compliance Policy – Supervision is varied to require: (i) the practitioner to meet with his supervisor on a fortnightly basis. At each supervision meeting the supervisor is to randomly select 10 patient records where the practitioner has prescribed medications to patients in the preceding fortnight. (ii) if in that fortnight no prescriptions have been written then the discussion should include details of treatment given to other randomly selected patients to make the total number of patients discussed up to ten. (iii) the practitioner authorises the supervisor to provide reports to the Council (in a Council approved format) on a monthly basis. The reports are to document the details of each patient record reviewed, including the name and date of prescription, what was discussed about each record and the advice provided by the supervisor to the practitioner about each record. b. At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: (i) the 10 patient records randomly selected by the supervisor referred to in condition 3)a)i) and 3)a)ii) (ii) Prescribing skills (iii) Basic clinical skills (iv) Patient management skills (v) Interaction/ communication with patients c. To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the Tribunal decision that imposed this condition and any reports the Council deems appropriate. 4. The practitioner is to provide the Council (in a Council approved format) with monthly reports documenting the issues discussed with his supervisor for each of the 10 patient records and a short statement about what he learnt from the supervision meeting with his approved supervisor. (i) The reports are to be forwarded to the Council within 7 days of the preceding month. 5. To forward evidence to the Medical Council of NSW within 14 days of the Tribunal decision that imposed this condition, that he has provided a copy of the Tribunal decision to the Principal of the practice where he works and his approved supervisor. 6. To submit to an audit of his medical practice, by a random selection of his medical records by a person or persons nominated by the Medical Council of NSW and: a. The audit is to be held within 3 months from the Tribunal decision that imposed this condition and subsequently as required by Council. b. The auditor(s) is to assess his compliance with good medical record keeping standards, legislative requirements and compliance with conditions. c. The auditor(s) should pay particular attention to: i. Prescribing d. To authorise the auditor(s) to provide the Council with a report on their findings. 7. Within 14 days of a change in the nature or place of his practice, he is to forward evidence to the Medical Council of NSW that he has provided a copy of this decision to: i. The Principal of the practice where he works and his supervisor 8. To authorise the Medical Council of NSW to notify current and future persons or organisations at any places where he works as a medical practitioner in Australia of any issues arising in relation to compliance with these conditions. 9. To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions. 10. To bear all costs arising out of compliance with these conditions. (4) Review (a) The appropriate review body for the purpose of a review under section 163 -163C of the Health Practitioner Regulation National Law is the Medical Council of NSW when the respondent has a principal place of practice in NSW. (b) Sections 125 and 127 of the Health Practitioner Regulation National Law are to apply while the respondent's principal place of practice is anywhere in Australia other than NSW, so that a review of these conditions can be conducted by the Medical Board of Australia. (5)The respondent is to pay the costs of the Applicant in the fixed amount referred to in the Schedule provided by the Applicant to the Respondent. Catchwords: PROFESSIONS AND TRADES -health and professionals – medical practitioners – disciplinary proceedings – medical practitioner prescribing medication without conducting adequate examination and/or to order appropriate investigations – medical practitioner issuing erroneous prescriptions Legislation Cited: Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v Safework NSW [2017] NSWCA 41 Cunliffe v Commonwealth (1994) 182 CLR 272 FTZK v Minister for Immigration and Anor [2014] HCA 26 HCCC v Phillipiah [2013] NSWCA 342 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Hughes and Vale Pty Ltd v NSW (1955) 93 CLR 127 Jones v Dunkel [1959] HCA 8, (1959) 101 CLR 298 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Texts Cited: NPS MedicineWise, "Reputation: Therapeutic Guidelines" Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Rashidul Hassan (Respondent) Representation: Counsel: N Roucek (Respondent)