Health Care Complaints Commission v Grech [2021] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Grech [2021] NSWCATOD 14 Hearing dates: 28 September 2020 – 1 October 2020 Date of orders: 4 February 2021 Decision date: 04 February 2021 Jurisdiction: Occupational Division Before: N Hennessy ADCJ, Deputy President Dr A Reid, Senior Member Dr J Aitken, Senior Member Hon A/Prof P Macneill, General Member Decision: (1) Leave is granted for the HCCC to file an Amended complaint. (2) Dr Grech is reprimanded. (3) Dr Grech's registration is suspended for a period of six months from the date of this decision. (4) Dr Grech must, within 6 months of 4 February 2021, complete a tailored education program designed by a private consulting body that has been approved by the Council. (a) With reference to Good medical practice: a code of conduct for doctors in Australia, the education program must cover: ­ professional values ­ professional boundaries ­ conflicts of interest ­ complying with regulatory processes (b) The program must be of at least 24 hours total duration. (c) The program must include an assessment component. (d) Within one month of 4 February 2021 Dr Grech must provide evidence to the Medical Council of NSW of his enrolment in the abovementioned program. (e) Within one month of completing the abovementioned program, Dr Grech is to provide the written report from the private consulting body as evidence to the Council that he has satisfactorily completed the program. (f) Dr Grech authorises the Council to provide the private consulting body with a copy of the reasons for decision which imposed this order. (g) Dr Grech is to pay for any costs incurred in complying with this order. (5) The Medical Council is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). (6) Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply whilst the practitioner's principal place of practice is anywhere in Australia other than in New South Wales, so that a review of these conditions can be conducted by the Medical Board of Australia. (7) The following conditions are imposed on Dr Grech's registration when the suspension period expires: 1. To advise the Medical Council of NSW in writing at least seven days prior to changing the nature or place of his practice. 2. 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 practitioner). 3. Not to conduct home visits or visits to aged care facilities. 4. Not to possess, supply, administer or prescribe any `drug of addiction` (Schedule 8 drug) as defined by Poisons and Therapeutic Goods Act 1966 (NSW). 5. Not to possess, supply, administer or prescribe any substance listed in Schedule 4 Appendix D of the Poisons and Therapeutic Goods Regulation 2008 (NSW). 6. 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 as subsequently determined by the appropriate review body. The Policy is varied to require three-monthly reporting to the Medical Council of NSW. (a) At each supervision meeting the practitioner is to review and discuss his practice with the approved supervisor with particular focus on: i. patient assessment and management ii. patient follow-up iii. appropriate prescribing practices iv. management of patients with erectile dysfunction, including prescribing of: sildenafil ­ alprostradil ­ tadalafil ­ verdenafil v. management of drug dependent patients vi. pain management vii. medical record reviews (b) To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the reasons for decision which imposed this condition. (8) To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia and Pharmaceutical Services for the purpose of monitoring compliance with these conditions. (9) Dr Grech is to pay the Health Care Complaints Commission's costs as agreed. If agreement is not reached, costs are to be assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH – professional registration and discipline – registration – complaints of unsatisfactory conduct and professional misconduct Legislation Cited: Evidence Act 1995 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 1066 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 HCCC v Chowdhury [2015] NSWCATOD 65 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Gow [2008] NSWMT 2 Health Care Complaints Commission v Kauser [2020] NSWCATOD 42 Kalil v Bray (1977) 1 NSWLR 256 Lee v Health Care Complaints Commission [2012] NSWCA 80 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Siddik v WorkCover Authority of NSW (2008) 6 DDCR 228; [2008] NSWCA 116 Texts Cited: Good Medical Practice: A code of conduct for doctors in Australia, March 2014, Medical Board of Australia. NSW Health, "Recognising and handling Patients Liable to Abuse Benzodiazepines", TG199/3, November 2013. Royal Australian College of General Practitioners (RACGP), Prescribing drugs of dependence in general Practice, Part B – Benzodiazepines. Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Joseph Grech (Respondent) Representation: Counsel: P Aitken (Applicant) M Hutchings (Respondent)