Health Care Complaints Commission v Patel [2022] NSWCATOD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Patel [2022] NSWCATOD 9 Hearing dates: 16 December 2021 Date of orders: 24 January 2022 Decision date: 24 January 2022 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member D North OAM, Senior Member A Aylott, Senior Member Dr R Leontini, General Member Decision: Consequent upon the finding of professional misconduct which we have made we make the following orders: (1) the registration of the respondent as a pharmacist is cancelled (2) pursuant to the provisions of section 149C(7) of the Health Practitioner Regulation National Law (NSW) an application for review may not be made until three years from the date of this decision (3) the respondent is to pay the costs of the applicant assessed in default of agreement. Catchwords: HEALTH - professional registration and discipline – pharmacist inappropriately dispensed regulated drugs of addiction and prescribed restricted substances - proprietor pharmacist failed to exercise appropriate oversight over pharmacy – imposition of disciplinary sanction following finding of professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) ss 41, 139B, 139E, 141, 149A, 149C Poisons and Therapeutic Goods Regulation 2008 (NSW) cll 54, 55, 109, 113 Poisons and Therapeutic Goods Act 1966 (NSW) s 28 Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Chen v Health Care Complaints Commission (2017) 95 NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Spicer v NSW Medical Council (Court of Appeal (NSW), 19 February 1981, unrep) Texts Cited: Australian Medicines Handbook (21st ed, 2020) Pharmacy Board of Australia, "Guidelines for Dispensing of Medicines" (September 2015) Pharmacy Board of Australia, "Guidelines for Proprietor Pharmacists" (September 2015) Pharmacy Board of Australia, "Code of Conduct" (March 2014) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Priya Patel (Respondent) Representation: Counsel: D Fuller (Applicant)