Health Care Complaints Commission v Mohammadi (No 2) [2022] NSWCATOD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mohammadi (No 2) [2022] NSWCATOD 15 Hearing dates: 1 December 2021 Date of orders: 14 February 2022 Decision date: 14 February 2022 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr H Haikal-Mukhtar, Senior Member Dr J Aitken, Senior Member A/Prof P Macneill, General member Decision: (1) Dr Mohammadi is reprimanded under s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW). (2) Dr Mohammadi's registration as a medical practitioner is suspended for 12 months from the date of these reasons for decision. (3) Under s 149A(1)(b),(d),(e) and (f) of the Health Practitioner Regulation National Law (NSW), on re-commencing practice, Dr Mohammadi's registration will be subject to the following conditions: 1. To obtain Medical Council of NSW (the Council) approval prior to changing the nature or place of his practice. 2. Not to possess, supply, administer or prescribe any "drug of addiction" (Schedule 8 drug) as defined by Poisons and Therapeutic Goods Act 1966 (NSW). 3. To complete within 6 months of the imposition of these conditions at least one face to face or online course concerning Opioids in the treatment of chronic pain as organised by Royal Australian College of General Practitioners and at least one other face to face or online course offered by the Australian and New Zealand College of Anaesthetists in pain management to ensure that he has a proper knowledge of prescribing practices and requirements relating to Schedule 8 drugs; a. Within 3 months of the imposition of these conditions, the practitioner must provide evidence to the Medical Council of NSW of his enrolment in the abovementioned courses; b. Within 1 month of completing the abovementioned courses, the practitioner is to provide documentary evidence to the Council that he has satisfactorily completed the courses; c. To bear responsibility for any costs incurred in meeting this condition. In the event that the above-mentioned courses are unavailable, the practitioner must propose to the Council for approval a similar course to be undertaken in accordance with the requirements of this condition no later than 2 months from the date of the imposition of these conditions. 4. To treat or see no more than 30 patients in any one day. 5. To practise under Category B supervision in accordance with the Council's Compliance Policy-Supervision (as varied from time to time) and as subsequently determined by the appropriate review body. a. At each supervision meeting the practitioner is to submit to a review and discussion of his practice with his approved supervisor with particular focus on assessment, examination, prescribing practices and compliance with legislative requirements in relation to medical records. b. To authorise the Council to provide proposed and approved supervisors with a copy of the decision which imposed this condition. 6. 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 and: a. The audit is to be held within 6 months from the imposition of these conditions and subsequently as required by the Council. b. The auditor(s) is to assess his compliance with good medical record keeping standards, legislative requirements and compliance with conditions. c. The auditor(s) should pay particular attention to prescribing, administering and recording of drugs of addiction and drugs of dependence d. To authorise the auditor(s) to provide the Council with a report on their findings. e. To meet all costs associated with the audit(s) and any subsequent reports. 7. To authorise and consent to any exchange of information between the Council, Medicare Australia and the Pharmaceutical Regulatory Unit for the purpose of monitoring compliance with these conditions. 8. To forward evidence to the Council within 7 days of these imposition of these conditions that he has provided a copy of his conditions to the principal of practice and any other senior officer in any place that he works (including any locum agencies or hospitals). 9. Within 7 days of a change in the nature or place of his practice, he is to forward evidence to the Medical Council of NSW that he has provided a copy of his conditions to the principal of practice and any other senior officer in any place that he works (including any locum agencies and hospitals). 10. To authorise the Council to exchange information with any future persons or organisations at places where he works as a medical practitioner in Australia, regarding any issues arising in relation to compliance with these conditions. 11. While the practitioner's principal place of practice is New South Wales, the Medical Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the National Law. 12. If the practitioner's principal place of practice is anywhere in Australia other than in New South Wales, Section 125 to 127 of National Law are to apply, and a review of these conditions can be conducted by the Medical Board of Australia. (4) Dr Mohammadi is to pay the Health Care Complaints Commission's costs as agreed. If agreement is not reached, costs are to be assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: HEALTH — professional registration and discipline — professional misconduct — where general practitioner prescribed fentanyl to patients without conducting an adequate clinical assessment, in excessive quantities, for a non-therapeutic purpose, without appropriate and timely referrals for specialist review and advice, without responding appropriately to drug seeking behaviour, without obtaining an authority —conduct amounts to unsatisfactory professional conduct and professional misconduct – appropriate orders Legislation Cited: Health Practitioner Regulation (New South Wales) Regulation 2010 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 at [35] Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Oshlack v Richmond River Council 193 CLR 72; [1998] HCA 11 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Masoud Mohammadi (Respondent) Representation: Counsel: A Britt (Applicant) M Hutchings (Respondent)