Health Care Complaints Commission v Javaheri [2022] NSWCATOD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Javaheri [2022] NSWCATOD 162 Hearing dates: 14 - 16 November 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Occupational Division Before: M Le Poer Trench ADCJ (Principal Member) Professor A Demirkol (Senior Member) Dr H Haikal-Mukhtar (Senior Member) D Telford (General Member) Decision: (1) Pursuant to section 149A(1)(a) of the Health Practitioner Regulation National Law (the National Law) Dr Javaheri (the practitioner) is reprimanded. (2) Pursuant to section 149A(1)(b) of the National Law the Tribunal directs that the following Conditions be imposed on the practitioner's registration: Practice Conditions (a) Until such time as the practitioner has completed the education condition set out in these conditions he is not to possess, supply, administer or prescribe any "drug of addiction" (Schedule 8 drug) as defined by Poisons and Therapeutic Goods Act 1966 (NSW). (b) The practitioner is to forthwith provide written evidence to the Medical Council of NSW that he has attended the offices of the Pharmaceutical Regulatory Unit and consented to an Order being made under the Poisons and Therapeutic Goods Regulation 2008 to prohibit him from possessing, supplying, administering or prescribing any Schedule 8 drug. (c) Until such time as the practitioner has completed the education condition set out in these conditions he is not to possess, supply, administer or prescribe any benzodiazepine derivatives including those separately specified in the Schedules of the Poisons Standard. (d) To practise under category C 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. (e) At each supervision meeting the practitioner is to review and discuss his practise of medicine with his approved supervisor with particular focus on: (i) Prescribing, including the prescribing of any Schedule 8 and Schedule 4 Appendix D medications (ii) Clinical reasoning (iii) Medical record keeping - including a review of 6 patient records from the preceding month, selected at random by the supervisor (iv) Medico-legal issues and requirements (f) The practitioner is to authorise the Medical Council of NSW to provide approved supervisors with a copy of the decision which imposed this condition. Education Conditions (a) To complete within 12 months of the date of this order, the "Issues in General Practice Prescribing" course organised by Monash University. (b) Within 1 month of the date of this order he must provide evidence to the Medical Council of NSW of his enrolment in the abovementioned course. (c) Within 1 month of completing the abovementioned course, he is to provide documentary evidence to the Council that he has satisfactorily completed the course. (d) To bear responsibility for any costs incurred in meeting this condition. (e) In the event that the "Issues in General Practice Prescribing" course is unavailable, he 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 this order. (f) The appropriate review body for the purpose of a review under section 163 -163C of the Health Practitioner Regulation National Law is the Medical Council of NSW when the respondent has a principal place of practice in NSW. (g) 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 Medical Board of Australia. (3) The parties are within 21 days of the publication of this determination to take steps to negotiate the order for costs which might be made in this matter. If they are able to agree upon an order which might be made they are to provide to the registry of the Tribunal a minute of consent order with request that the order be made. In the event they are unable to agree they are each to provide to the registry and to the other, a written submission (restricted to 4 A4 pages) and a minute of the order sought on or before 16 January 2023. Catchwords: HEALTH – medical practitioners – disciplinary proceedings – unsatisfactory professional conduct and professional misconduct – Protective Orders – Reprimand and conditions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Attia v Health Care Complaints Commission Complaints Commission [2017] NSWSC 1066 Dawson v Law Society of New South Wales [1989] NSWCA 58 Health Care Complaints Commission v Dowla (2) [2019] NSWCATOD 156 Health Care Complaints Commission v Dunstan [2018] NSWCATOD 102 Health Care Complaints Commission v Grygiel (Stay application) [2019] NSWCATOD 123 Health Care Complaints Commission Complaints Commission v Khalighimonfared [2022] NSWCATOD 78 Health Care Complaints Commission v Lord [2019] NSWCATOD 182 Health Care Complaints Commission v Ochoa [2022] NSWCATOD 32 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Health Care Complaints Commission Complaints Commission v Sare [2018] NSWCATOD 190 Health Care Complaints Commission Complaints Commission v Yildirim [2021] NSWCATOD 146 NSW Bar Association v Meakes [2006] NSWCA 340 Office of Local Government v Toma [2015] NSWCATOD 21 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Hossein Javaheri (Respondent) Representation: Counsel: A Britt (Applicant) R Mathur SC (Respondent)