Azizi v Medical Council of New South Wales [2021] NSWCATOD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Azizi v Medical Council of New South Wales [2021] NSWCATOD 76 Hearing dates: 03 May 2021 Date of orders: 08 June 2021 Decision date: 08 June 2021 Jurisdiction: Occupational Division Before: Sheahan AO ADCJ, Principal Member Dr J Aitken, Senior Member Dr J Saunders, Senior Member Honorary Associate Prof P Macneill, General Member Decision: The Tribunal makes the following orders: (1) Pursuant to s 163B(1)(c) of the Health Practitioner Regulation National Law (NSW), the Tribunal orders that Nima Azizi be re-instated onto the Register of Medical Practitioners, subject to the following conditions: Practice conditions 1. To obtain Medical Council of New South Wales (the Medical Council) approval prior to changing the nature or place of his practice. 2. To provide a plan for professional development and re-entry to practice to the Medical Board of Australia for consideration and approval. 3. To practise no more than 30 hours per week. 4. To treat no more than 30 patients in any one day. 5. Not to possess, supply, administer or prescribe any "drug of addiction" (Schedule 8 drug) as defined by the Poisons and Therapeutic Goods Act 1966 (NSW). 6. Not to possess, supply, administer or prescribe any Schedule 4 drug listed in Appendix D of the Poisons and Therapeutic Goods Regulation 2008 (NSW). 7. To practise under category B supervision in accordance with the Medical Council's "Compliance Policy – Supervision" (as varied from time to time) and as subsequently determined by the appropriate review body. (a) At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: professionalism and professional ethics including the maintaining of appropriate professional boundaries with patients; recent developments in clinical practice; appropriate prescribing practices; workload management; clinical performance; medical records reviews; and clinical outcomes; (b) Not to practise until a supervisor has been approved by the Medical Council. 8. To authorise and consent to any exchange of information between the Medical Council and Medicare Australia for the purpose of monitoring compliance with these conditions. Health conditions 9. Not to prescribe for self-medication. 10. To take any medication as prescribed by his treating practitioners. 11. Not to self-administer any: (a) prescribed restricted substance (Schedule 4 Appendix D drug) or drug of addiction (Schedule 8 drug); or (b) narcotic derivative, non-prescription compound analgesic or cold medication, unless such medications are prescribed by his treating practitioner and taken as directed by his treating practitioner. (c) Within seven days of being prescribed such treatment from his treating practitioner, the practitioner must: (i) notify the Medical Council and Council-appointed practitioners. (ii) provide written confirmation of the treatment from the treating practitioner to the Medical Council. 12. When the practitioner recommences medical practice, he is to comply with the Medical Council's "Drug screening policy" and "Participant procedure: drug screening" (as varied from time to time) and attend for: (a) urine drug screening three times a week; and (b) quarterly hair drug screening. 13. To attend for treatment by a general practitioner of his choice. The minimum frequency of treatment is to be determined by the treating practitioner. The practitioner: (a) is to authorise the treating practitioner to inform the Medical Council of any of the following: (i) Failure to attend for treatment; (ii) Termination of treatment; or (iii) A significant change in health status (including a significant temporary change). (b) must provide the Medical Council with the professional details of the treating practitioner. 14. To attend for treatment by an Addiction Specialist (either an Addiction Medicine Specialist [FAChAM] or an Addiction Psychiatrist [Cert Addiction Psych]) of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: (a) is to authorise the treating practitioner to inform the Medical Council of any of the following: (i) Failure to attend for treatment; (ii) Termination of treatment; or (iii) A significant change in health status (including a significant temporary change). (b) must provide the Medical Council with the professional details of the treating practitioner. 15. To attend for treatment by a psychologist of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: (a) is to authorise the treating practitioner to inform the Medical Council of any of the following: (i) Failure to attend for treatment; (ii) Termination of treatment; or (iii) A significant change in health status (including a significant temporary change). (b) must provide the Medical Council with the professional details of the treating practitioner. Catchwords: HEALTH — professional registration and discipline — registration — application by disqualified medical practitioner for re-instatement onto the register — conditions Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Health Care Complaints Commission v Azizi [2016] NSWCATOD 94 Re Zaidi [2006] NSWMT 6 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: Nil Category: Principal judgment Parties: Nima Azizi (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: P Griffin SC (Applicant) I Fraser (Respondent)