Health Care Complaints Commission v Varma [2022] NSWCATOD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Varma [2022] NSWCATOD 4 Hearing dates: 14 - 15 October 2021 Date of orders: 13 January 2022 Decision date: 13 January 2022 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Dr G Labour, Senior Member Dr P Sawyer, Senior Member Dr C Berglund, General Member Decision: 1. The Complaint of unsatisfactory professional conduct is established. 2. The Complaint of professional misconduct is established. 3. The Complaint of impairment is not established. 4. Dr Varma's registration is suspended for a period of 6 months from the date of these reasons. 5. The Commission is to file submissions on costs on or before 28 January 2022. Dr Varma may respond by 11 February 2022. The Commission may reply by 25 February 2022. 6. The following conditions be placed on Dr Varma's registration: (a) Not to undertake solo dental practice. (b) To advise the Dental Council of NSW in writing at least seven days before changing the nature or place of his practice. (c) (Omitted) (d) 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). (e) Not to prescribe for self-medication. (f) That should he be prescribed or directed to take a Schedule 8 drug he must notify the Council within seven days of the medication being prescribed and provide written confirmation from the treating practitioner outlining the treatment and prescription. (g) To comply with the Dental Council of NSW Drug Screening Policy and Participant Procedure - drug screening (as varied from time to time) and attend for: (i) Random Urine drug screening (UDS) (ii) Quarterly hair drug screening To authorise the testing facility to forward all results of drug screening to: (A) the Council (B) his treating practitioners (C) the Council appointed practitioner. He is to bear responsibility for the costs incurred in meeting this condition. (h) To nominate a senior dental practitioner at all locations where he practises for approval by the Dental Council of NSW. He is to: (i) submit evidence to the Council that he has provided the approved practitioner with a copy of all conditions on his registration prior to commencement of practising as a dental practitioner (ii) authorise the approved practitioner to notify the Council immediately if there are any concerns in relation to his health or if his health is adversely affecting his capacity to practise. (i) To attend for treatment by a general practitioner of his choice. The frequency of treatment is to be determined by the practitioner and the treating practitioner. The practitioner: (i) is to authorise his treating practitioner to inform the Dental Council of NSW of any of the following: (A) failure to attend for treatment; (B) termination of treatment; or (C) a significant change in health status (including a significant temporary change). (ii) must provide the Council with the professional details of the treating practitioner within 14 days of the Tribunal decision. (j) To attend for treatment by an addiction psychiatrist of his choice. The frequency of treatment is to be determined by the treating practitioner. The practitioner: (i) is to authorise his treating practitioner to inform the Dental Council of NSW of any of the following: (A) failure to attend for treatment; (B) termination of treatment; or (C) a significant change in health status (including a significant temporary change). (ii) must provide the Council with the professional details of the treating practitioner. (k) That the extent of his professional duties is to be guided by his health status and the advice of his treating and Council appointed practitioners. (l) To authorise the Dental Council of NSW to forward copies of the Tribunal decision and other information relevant to his impairment to the Council nominated practitioners and his treating practitioners. (m) To attend for review by a Council-appointed psychiatrist on a six-monthly basis or as otherwise directed by the Council. (n) To attend a review by the Impaired Registrants Panel in six months or as otherwise directed by the Council. (o) To bear all costs arising out of compliance with these conditions. (p) To authorise and consent to any exchange of information between the Dental Council of NSW, NSW Ministry of Health, Medicare Australia and Pharmaceutical Services for the purpose of monitoring compliance with these conditions. (q) The appropriate review body for the purpose of a review under sections 163 -163C of the Health Practitioner Regulation National Law is the Dental Council of NSW when the respondent has a principal place of practice in NSW. (r) Sections 125 and 127 of the Health Practitioner Regulation National Law are to apply while the respondent's principal place of practice is anywhere in Australia other than NSW, so that a review of these conditions can be conducted by the Dental Board of Australia. Catchwords: PROFESSIONS AND TRADES – health care professional - dentist – where practitioner admits he is guilty of unsatisfactory professional conduct and professional misconduct – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) – ss 3, 3A, 5 139B, 139E, 144 Cases Cited: Health Care Complaints Commission v Buys [2020] NSWCATOD 44 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dr Saeid Saedlounia [2013] NSWMT 13 Health Care Complaints Commission v Karalasingham [2019] NSWCATOD 23 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Health Care Complaints Commission v Liu [2016] NSWCATOD 133 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Shrimpton [2019] NSWCATOD 25 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 New South Bar Association v Meakes [2006] NSWCA 340. Prakash v Health Care Complaints Commission [2006] NSWCA 153 Qasim v Health Care Complaints Commission [2015] NSWCA 282. Re Dr Than Le [2001] NSWMT, 20 September 2001 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Spicer v NSW Medical Board & Ors (Court of Appeal (NSW), 19 February 1981, unrep) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Vishnu Varma (Respondent) Representation: Counsel: P Aitken (Respondent)