Health Care Complaints Commission v Tamer [2021] NSWCATOD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Tamer [2021] NSWCATOD 164 Hearing dates: 26 – 28 April 2021; 24 May 2021, 27 May 2021(final submissions) Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Occupational Division Before: A Britton, Deputy President B Radojkovic, Senior Member M Steffensen, Senior Member J Barker, General Member Decision: (1) Mr Tamer is reprimanded. (2) The following conditions are imposed on Mr Tamer's registration: (a) Must not work as the pharmacist in charge and must not seek a review of this condition for 6 months. (b) Must not work as a sole pharmacist and must not seek a review of this condition for 6 months. (c) Must not compound or manufacture, or be involved in any step in connection with "complex compounding" as defined by the Australian Pharmaceutical Formulary Handbook 25, unless and until he: (i) Undertakes a course of education or professional development in relation to complex compounding as approved by the Pharmacy Council of NSW; (ii) Notifies the Pharmacy Council of NSW of his successful completion of that course. (d) May only supply, dispense, administer, or participate in any step in connection with the supplying, dispensing or administering of, any pharmaceutical products containing any of the following: (i) Somatropin (ii) Testosterone (iii) Mesterolone (iv) Anastrozol (v) Tadalafil (vi) Phentermine (vii) Sofosbuvir (viii) Ledipasvir (ix) Daclatasvir (x) Ribavirin for an approved indication as specified for that product on the Australian Register of Therapeutic Goods. (e) Must nominate or accept a mentor approved by the Pharmacy Council of NSW, to advise and assist the practitioner in the management of his pharmacy practice, focusing on legislative compliance with obligations pursuant to the Poisons and Therapeutic Goods Act 1966 (NSW) and the Poisons and Therapeutic Goods Regulation 2008 (NSW). (f) Must provide the mentor with a copy of the decision made by the New South Wales Civil and Administrative Tribunal which imposed these conditions (the NCAT Decision) and the mentor must provide a signed copy of the decision to the Council within four weeks of being appointed as a mentor. (g) Must nominate or accept a mentor within four weeks of the NCAT Decision. Such mentoring is to continue for a period of 12 months from the date of the Council's appointment or approval. The mentor shall report to the Council as and when required by it during the term or his or her appointment. (h) Must notify his employer(s) and the pharmacist in charge at any pharmacy at which he is employed of the conditions imposed. Within five days of commencing new employment Mr Tamer must provide to the Council a statement signed by his current employer, which states that that they been provided with a copy of the conditions. (3) The Pharmacy Council of New South Wales is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). Catchwords: HEALTH – professional registration and discipline – professional misconduct – appropriate protective orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Therapeutic Goods Act 1989 (Cth) Cases Cited: 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) NSWLR 334; [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; [1997] NSWSC 297 Lee v Health Care Complaints Commission [2012] NSWCA 80 Ng v Health Care Complaints Commission [2017] NSWSC 53 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Texts Cited: NSW Health, Approved systems for recording the supply of substances on prescription generally or in an emergency to health professionals (document TG50/6, November 2015) Pharmacy Board of Australia, Code of Conduct for Pharmacists (March 2014) Pharmacy Board of Australia, Guidelines for dispensing of medicines (August 2010) Pharmacy Board of Australia, Guidelines for dispensing of medicines (December 2015) Pharmacy Board of Australia, Guidelines on Compounding of Medicines (March 2015) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Nabil Tamer (Respondent) Representation: Counsel: D Fuller (Applicant) P Dwyer (Respondent)