Ameisen v Medical Council of NSW [2021] NSWCATOD 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ameisen v Medical Council of NSW [2021] NSWCATOD 155 Hearing dates: 17 September 2021 Date of orders: 1 October 2021 Decision date: 01 October 2021 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr Lesley Cotterell, Senior Member Dr James Aitken, Senior Member Ms Susan Lovrovich, General Member Decision: (1) Under s 163(1)(c) of the Health Practitioner Regulation National Law the practitioner may apply to the Medical Board of Australia for registration as a medical practitioner. (2) The Medical Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the National Law. (3) The registration is to be subject to the following conditions: (a) To obtain Medical Council of NSW approval prior to changing the nature or place of practice. (b) To practise only in a group practice approved by the Medical Council of NSW where there are at least 2 other registered medical practitioners, with at least one other registered medical practitioner always on site. (c) To consult or treat no more than 25 patients per day and no more than 4 patients per hour. (d) To practise no more than 40 hours per week and no more than 8 hours per day. (e) 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) or any substance listed in Schedule 4 Appendix D of the Poisons and Therapeutic Goods Regulation 2008 (NSW). This is a critical compliance condition. (f) To practice under category B 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. (g) At each supervisor meeting the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: i. Doctor/patient relationship; ii. Workload; and iii. Appropriate prescribing practices. (h) To authorise the Medical Council of NSW to provide proposed and approved supervisor with a copy of this decision and any other relevant decision or report. (i) Not to practice until a supervisor has been approved by the Medical Council of NSW. (j) To nominate a registered experienced general practitioner to act as his professional mentor for approval by Medical Council of NSW in accordance with the Medical Council of NSW's Compliance Policy – Mentoring (as varied from time to time) and as subsequently determined by the appropriate review body. i. At each meeting the practitioner is to include discussion of initially the issues highlighted in this decision, personal and professional development as a medical practitioner and any personal and/or medical practice issues that may arise. ii. To authorise the mentor to report, in an approved format, to the Council every six months about the fact of contact, and to inform the Council if there is any concern about his professional conduct, health or personal wellbeing. iii. To authorise the Medical Council of NSW to provide nominated and approved mentors with a copy of this decision and any other relevant decision or report. (k) To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia and Pharmaceutical Regulatory Unit for the purpose of monitoring compliance with these conditions. (l) To attend for treatment by a psychologist of his choice within 2 months of returning to practice. i. The frequency of treatment is to be determined by his treating psychologist. ii. To authorise his treating psychologist to inform the Medical Council of NSW of any of the following: A. Failure to attend for treatment; B. Termination of the treating relationship; and C. A significant change in health status (including a significant temporary change). iii. The practitioner must provide the Council with the professional details of the treating practitioner. (m) The Medical Council is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). (n) Sections 125 to 127 of the Health Practitioner Regulation National Law (NSW) 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. Catchwords: HEALTH – professional registration and discipline – reinstatement proceedings Legislation Cited: Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Ghannoum v Medical Council of NSW [2018] NSWCATOD 118. HCCC v Ameisen [2009] NSWMT 9 Medical Council of NSW v Ameisen [2020] NSWCATOD 18 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Vito Zepinic v Health Care Complaints Commission Complaints Commission [2018] NSWCATOD 16 Texts Cited: Nil Category: Principal judgment Parties: Paul Ameisen (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: P Strickland SC (Applicant) K Lindeman (Respondent) Solicitors: HWL Ebsworth Lawyers (Applicant) Health Professional Councils Authority. File Number(s): 2021/00082435 Publication restriction: Nil