Health Care Complaints Commission v Bronstein (No 2) [2021] NSWCATOD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Bronstein (No 2) [2021] NSWCATOD 182 Hearing dates: 3 November 2021 Date of orders: 15 November 2021 Decision date: 15 November 2021 Jurisdiction: Occupational Division Before: The Hon Cowdroy AO QC ADCJ, Principal Member Dr S McCarthy, Senior Member Dr N Willcocks, Senior Member J Barker, General Member Decision: The Tribunal makes the following protective orders: Reprimand (1) Under section 149A(1)(a) of the Health Practitioner Regulation National Law (NSW) the practitioner be reprimanded. Practice conditions (2) Under section 149A(1) of the Health Practitioner Regulation National Law (NSW), the following Conditions be imposed on the respondent's registration: (a) 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 subject practitioner): (i) where the patients and patient records are shared between the medical practitioners; (ii) where there is always one other registered medical practitioner on site; and (iii) which is an accredited practice approved for post graduate training. (b) To practise no more than 32 hours per week. (c) To treat no more than 24 patients in any one day. (d) Not to undertake any Visiting Medical Officer (VMO) positions in a hospital, nor to be employed in any Emergency Department or critical care setting in any hospital. (e) To practise 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. (i) At each supervision meeting the practitioner is to review and discuss his practise with his approved supervisor with a particular focus on: (A) Clinical decision making (B) Appropriate prescribing practices (C) Medical records (D) Continuing education (E) Communication with patients and colleagues (F) Patient management (f) The Practitioner is to ensure his Council-approved Category B supervisor is present at any home or nursing home visits he undertakes. (g) 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 NSW within six [6] months. (i) The audit is to be held within 6 months from recommencement of medical practice and subsequently as required by the Medical Council of NSW. (ii) The auditor(s) to assess his compliance with good medical record keeping standards and legislative requirements and compliance with conditions and should pay particular attention to: (A) Appropriate patient diagnosis and treatment (B) Prescribing (C) Clinical decision making (iii) to authorise the auditor(s) to provide the Medical Council of NSW with a report on their findings. (iv) to meet all costs associated with the audit(s) and any subsequent reports (h) to authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions (3) The respondent is to pay the applicant's costs of the proceedings pursuant to Schedule 5D, clause 13 of the Health Practitioner Regulation National Law (NSW). Catchwords: HEALTH – medical practitioner – protective orders following findings of unsatisfactory professional conduct and professional misconduct. Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 HCCC v Dinaker [2009] NSWMT 8 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Brush [2015] NSWCATOD 120 Health Care Complaints Commission v Iskander [2015] NSWCATOD 30 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Arkadi Bronstein (Respondent) Representation: Counsel: R Donnelly (Applicant) S Beckett (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Avant Mutual (Respondent) File Number(s): 2020/00323860 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the name of any patient referred to in these proceedings is prohibited.