Health Care Complaints Commission v Selim [2021] NSWCATOD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Selim [2021] NSWCATOD 27 Hearing dates: 21 – 22 October 2020 Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr G Crosland, Senior Member Dr K Ilbery, Senior Member Dr C Berglund, General Member Decision: The orders of the Tribunal are as follows: (1) The respondent's registration as a medical practitioner be suspended for a period commencing seven days after the date of this order until the day that is three months after that date. (2) During the period of suspension the respondent must engage with Avant or some other similar provider of medical education or training (the educator) and attend upon any further education and/or training with the educator which is recommended by the educator to assist the respondent in his practise of medicine when he resumes that practice. The respondent is to provide the educator with a copy of this decision and is to provide the Medical Council of New South Wales with monthly reports of the further education or training he has undertaken in that month. (3) The respondent must undertake treatment with a psychologist of his choosing. The respondent is to attend upon the psychologist at a mutually agreed frequency. The respondent is to accept the psychologist's treatment advice and recommendations. The respondent is to provide the Medical Council of New South Wales with the name and contact details of the psychologist and allow reports regarding attendance, progress and insight into the conduct, and overall progression attained in the sessions, to be provided to the Medical Council. The respondent is to authorise the psychologist to inform the Medical Council of termination of treatment, serious or immediate concerns about fitness to practise, or repeated failure to attend appointments. The respondent is to provide the psychologist with a copy of this decision. (4) The respondent will have the following conditions imposed upon his registration as a medical practitioner for so long as he may continue to practise medicine: 1. To obtain the approval of the Medical Council of New South Wales prior to changing the nature or place of his practice. 2. To practise no more than 8 hours per day and 40 hours per week. 3. To treat no more than 4 patients in any one hour and 32 patients in any one day. 4. To practise under category B supervision in accordance with the Medical Council of New South Wales' "Compliance Policy – Supervision" (as varied from time to time) and as determined by the appropriate review body. a. The terms of the Medical Council's "Compliance Policy – Supervision" are varied to require: i. the practitioner to meet with the supervisor on a weekly basis. This frequency to change to monthly after the respondent has practised for three months following the period of suspension. At each supervision meeting the supervisor is to randomly select and review 10 patient records of patients the practitioner has seen in the previous week. ii. the practitioner to authorise the supervisor to provide reports to the Medical Council (in a Council-approved format) on a monthly basis. This to change to three-monthly after the respondent has practised for three months following the period of suspension. The reports are to document the details of each patient record reviewed, 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 the supervisor with particular focus on: i. The 10 patient records randomly selected by the supervisor as referred to in conditions 4.a.i and 4.a.ii ii. History-taking iii. Examination iv. Diagnoses v. Clinical management vi. Prescribing vii. Follow-up viii. Professional and ethical issues ix. Documentation c. The practitioner authorises the Medical Council to provide proposed and approved supervisors with a copy of a report of the proceedings that imposed this condition. d. The practitioner is not to practise until a supervisor has been approved by the Medical Council. e. Within 7 days of the end of each month, the practitioner is to provide the Medical Council (in a Council-approved format) with a report documenting the issues discussed with the supervisor for each of the 10 patient records and a short statement about what he learnt from the supervision meeting with the supervisor. This to change to reports on a three-monthly basis after the respondent has practised for three months following the period of suspension. 5. 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 New South Wales and: a. The first such audit is to be held on a date to be appointed by the Medical Council and subsequent audits are to be held as required by the Council. b. The auditor(s) is to assess the respondent's compliance with good medical record-keeping standards, legislative requirements and conditions on his registration. c. The practitioner authorises the auditor(s) to provide the Medical Council with a report on their findings. d. The practitioner is to meet all costs associated with the audits and any subsequent reports. 6. Not to undertake the following procedures: a. Circumcisions b. Intrauterine device insertions 7. To undergo a performance assessment. 8. To authorise and consent to any exchange of information between the Medical Council of New South Wales and Medicare Australia for the purpose of monitoring compliance with these conditions. (5) The conditions are to be monitored by a designated officer or officers of the Medical Council of New South Wales, who will be responsible for overseeing compliance with the conditions. The Medical Council is to have the power to vary any of the conditions and/or impose further conditions as may be necessary to continue to ensure that the respondent's practice as a medical practitioner is safe for the public. (6) The Respondent to pay the Complainant's costs as assessed or agreed pursuant to Schedule 5D, Clause 13 of the National Law. Catchwords: HEALTH — professional registration and discipline — unsatisfactory professional conduct — professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Dawson v Law Society of New South Wales [1989] NSWCA 58 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Do [2014] NSWCA 307 Law Society of New South Wales v Walsh [1997] NSWCA 185 Prakash v HCCC [2006] NSWCA 153 Sabag v HCCC [2001] NSWCA 411 Texts Cited: Medical Council of New South Wales, "Compliance Policy – Supervision" (1 February 2015) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Ashraf Selim (Respondent) Representation: Counsel: N Evans (Applicant) M Hutchings (Respondent)