Health Care Complaints Commission v Soliman [2022] NSWCATOD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Soliman [2022] NSWCATOD 16 Hearing dates: 6 – 8 September 2021 Date of orders: 23 February 2022 Decision date: 23 February 2022 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Dr S Cowap, Senior Member Dr S Ieraci, Senior Member D Telford, General Member Decision: 1. Dr Soliman is suspended from medical practice for a period of 6 months. 2. Dr Soliman's General Registration is subject to the following conditions: (1) To obtain Medical Council of NSW approval prior to changing the nature or place of his practice. (2) To practise only in a hospital position or group practice approved by the Medical Council of NSW where there are at least two registered medical practitioners (excluding the subject practitioner): (a) Where the patients and patient records are shared between the medical practitioners. (b) Where there is always one other registered medical practitioner on site. (3) To practise under category A 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. (a) At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with particular focus on: (i) Doctor-patient relationship (ii) Professional behaviour (iii) Professional boundaries (iv) Accurate medical records (v) Correct use of accessing patient records (b) Dr Soliman must authorise the Medical Council of NSW to provide proposed and approved supervisors with the decision which imposed these conditions. (c) Dr Soliman must not practise until a supervisor has been approved by the Medical Council of NSW. (4) Not to consult, examine, treat or perform any procedures on any female (a) The practitioner may only provide emergency medical services to such persons in compliance with section 139C(c) of the Health Practitioner Regulation National Law (NSW). (b) If any such event occurs, the practitioner must notify the Medical Council of NSW within 24 hours and provide details of the event and any other information as requested by the Council. (5) To submit to a random audit/inspection of the practitioner's medical practice by a person or persons nominated by the Medical Council of NSW. (a) The audit/inspection is to be held as required by the Council to assess his compliance with conditions imposed on his registration. The auditor(s) may: (i) Inspect medical records; (ii) access, copy or retrieve appointment diaries, patient booking schedules and contact details. (b) Dr Soliman must authorise the auditor(s)/inspector(s) to provide the Council with a report on their findings. (c) Dr Soliman must meet all costs associated with the audit(s)/inspector(s) and any subsequent reports. (6) To authorise and consent to any exchange of information between the Medical Council of NSW and future relevant persons or organisations at locations where he works as a medical practitioner in Australia of any issues arising in relation to compliance with these conditions. (7) 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 Medical 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). 4. Dr Soliman is to pay the costs of the Health Care Complaints Commission except for the costs of the hearing on 6 September 2021, in relation to which each party shall bear their own costs. The quantum of the costs to be paid is to be agreed or assessed. 5. The disclosure of the name of Patient A, which is set out in the Schedule to the complaint in this matter, is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: OCCUPATIONS — Medical practitioners — Misconduct and discipline OCCUPATIONS — Medical practitioners — Doctor–patient relationship Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v Safework NSW [2017] NSWCA 41 Chen v Health Care Complaints Commission [2017] NSWCA 186 Foster v Hunter New England Area Health Service [2010] NSWCA 106 Texts Cited: Medical Board of Australia: Good medical practice: a code of conduct for doctors in Australia, March 2014 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hatem Mahmoud Samy Moustafa Ahmed Soliman (Respondent) Representation: Counsel: P Atkin (Applicant) M Hutchings (Respondent)