Meneghetti v Medical Council of New South Wales [2022] NSWCATOD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Meneghetti v Medical Council of New South Wales [2022] NSWCATOD 91 Hearing dates: 1 June 2022 and 1 July 2022 Date of orders: 19 August 2022 Decision date: 19 August 2022 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Dr S Dalton, Senior Member Dr H Haikal-Mukhtar, Senior Member R Wellington, General Member Decision: (1) The Applicant is permitted to apply for re-registration as a medical practitioner. (2) The registration, when granted is to be subject to the following conditions. Practice conditions 1. To obtain Medical Council of NSW approval prior to changing the nature or place of her practice. 2. To practise only in a group practice approved by the Medical Council of NSW where there are at least 4 other 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. c. If the group practice is a general practice, it must be accredited. 3. To treat no more than 28 patients per day and practise no more than three days per week: a. Within 14 days of a request by the Medical Council of NSW, the practitioner is to provide the Medical Council of NSW with copies of records confirming the number of patients treated, their consultation times and hours worked on any dates as specified by the Council, within a period of 6 months up to the date of the request. 4. To restrict her practice to the following minor (non-incisional and non-excisional) cosmetic medical procedures including: a. injectables b. laser treatment c. skin treatments d. threads 5. Not to supervise or deliver training to any medical practitioner or student in any context. 6. For a period of 12 months from the date of recommencement of medical practice, to practise under category B supervision in accordance with the Medical Council of NSW's Compliance Policy – Supervision (as varied from time to time), including: a. At each supervision meeting the practitioner is to review and discuss her practice with her approved supervisor with particular focus on: - Appropriate prescribing practices - Workload - Medical record reviews - Progress with return to practice - Professional boundaries and ethics - Consent b. At each supervision meeting the approved supervisor is to review 5 randomly selected patients records from the preceding fortnight. The details, discussion and feedback about the reviewed records are to be included in supervision reports. c. To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the decision which imposed this condition. d. Not to practise until a supervisor has been approved by the Medical Council of NSW. 7. Not to possess, supply, administer or prescribe any drug of addiction (Schedule 8 drug) as defined by Poisons and Therapeutic Goods Act 1966 (NSW). 8. Not to possess, supply, administer or prescribe any substance listed in Schedule 4 Appendix D of the Poisons and Therapeutic Goods Regulation 2008. 9. Not to possess, supply, administer or prescribe any drug or therapeutic goods that are not listed on the Australian Register of Therapeutic Goods (ARTG). 10. To submit to an audit of her medical practice, by a random selection of her 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 of recommencement of medical practice and a further audit may be held, if required by the Medical Council of NSW, in the period of up to 2 years from the date of recommencement of medical practice. b. The auditor(s) is to examine and assess the following aspects of her practice including: i. Compliance with good medical record keeping standards and legislative requirements ii. Compliance with conditions iii. Appropriate prescribing practices c. To authorise the auditor(s) to provide the Medical Council of NSW with a report on their findings. d. To meet all costs associated with the audits 11. 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. 12. To forward evidence to the Medical Council of NSW within 14 days of notification that she has provided a copy of her full conditions to the Principal of the practice, supervisor or responsible senior officer in any place that she works. 13. Within 14 days of a change in the nature or place of her practice, she is to forward evidence to the Medical Council of NSW that she has provided a copy of the full conditions to the Principal of the practice, supervisor or responsible senior officer in any place that she works. 14. To authorise the Medical Council of NSW to notify the Principal of the practice, supervisor or responsible senior officer in any place that she works as a medical practitioner in Australia of any issues arising in relation to compliance with these conditions. Health conditions 15. For a period of 2 years from the date the Tribunal makes a reinstatement order, to attend for treatment by a registered psychologist or registered psychiatrist of her choice, at a frequency to be determined by the treating practitioner. The practitioner is to: a. authorise the treating practitioner to inform the Medical Council of NSW of failure to attend for treatment, termination of treatment or if there is a significant change in health status (including a significant temporary change). b. provide the Council with the professional details of the treating practitioner. 16. For a period of 2 years from the date the Tribunal makes a reinstatement order, to attend for treatment by a registered General Practitioner of her choice. The frequency of the treatment is to be determined by the treating practitioner. The practitioner: a. is to authorise the treating practitioner to inform the Medical Council of NSW of any of the following i. failure to attend for treatment, or ii. termination of the treatment, or iii. a significant change in health status (including a significant temporary change) b. must provide the Medical Council of NSW with the professional details of the treating practitioner Review of conditions 17. Dr Meneghetti may apply to the Medical Council of NSW for the alteration or removal of one or more of the above conditions not before the expiration of 12 months from the date of recommencement of practice. The Medical Council of NSW, if satisfied, may alter or remove any of the conditions. Notations A. The Medical Council of NSW is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). B. Sections 125 to 127 of the Health Practitioner Regulation National Law are applicable while the practitioner's principal place of practice is anywhere in Australia other than New South Wales, so that a review of these conditions may be conducted by the Medical Board of Australia. (3) The Applicant pay the costs of the Medical Council as agreed or assessed. Catchwords: OCCUPATIONS — medical practitioners —reinstatement application Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Chen v Medical Council of NSW [2021] NSWCATOD 33 Jan v Health Care Complaints Commission [2021] NSWSC 350 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Category: Principal judgment Parties: Alicia Meneghetti (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: B Zipser (Applicant) A Petrie (Respondent)