Health Care Complaints Commission v Houfani [2022] NSWCATOD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Houfani [2022] NSWCATOD 186 Hearing dates: 9 - 10 May 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Occupational Division Before: The Hon T Sheahan ADCJ, Principal Member Dr J Fogarty, Senior Member Dr H Haikal-Mukhtar, Senior Member J Houen, General Member Decision: The Tribunal, having found Dr Houfani guilty of professional misconduct, makes the following orders: Reprimand (1) Under section 149A(1)(a) of the Health Practitioner Regulation National Law, the Tribunal reprimands the Respondent. Practice Conditions (2) Under section 149A(1)(b) of the Health Practitioner Regulation National Law, the Tribunal directs that the following Conditions be imposed on the Respondent's registration: Change of Practice (3) To obtain Medical Council of NSW approval prior to changing the nature, scope or place of his practice. Patient Limit (4) Not to see more than 40 patients per day, including patients seen in residential aged care facilities or home visits. Schedule 8 drugs and Schedule 4D drugs (5) Not to possess, supply, administer or prescribe any 'drug of addiction' (Schedule 8 drug) as defined by Poisons and Therapeutic Goods Act 1966 (NSW). (6) Not to possess, supply, administer or prescribe any Schedule 4 drug listed in Appendix D to the Poisons and Therapeutic Goods Regulation 2008 (NSW). Audit (7) 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 auditor is to assess his compliance with good medical record-keeping standards and legislative requirements and compliance with conditions. The auditor(s) should pay particular attention to: (i) Quality of records (ii) Patient Management (iii) Prescribing (b) To authorise the auditor(s) to provide the Council with a report on their findings. (c) To meet all costs associated with the audit(s) and any subsequent reports. Supervision (8) 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 and: (a) During the first six months of supervision, one supervision meeting per month is to be replaced by an observation session with the Council-approved Supervisor of at least one hour's duration. Observation sessions are to alternate between: (i) The Supervisor observing the practitioner conduct at least three patient consultations; (ii) The practitioner observing the Supervisor conduct at least three patient consultations; (iii) Details and feedback about the observation sessions are to be included in supervision reports. (b) At each supervision meeting, the Respondent is to review and discuss his practice with his approved Supervisor with a particular focus on: (i) Appropriate assessments and management (ii) Appropriate prescribing (iii) Medical records and documentation (iv) Compliance with conditions (c) To authorise the Medical Council of NSW to provide proposed and approved Supervisors with a copy of this decision and any subsequent relevant reports or decisions. (d) Not to practise until a supervisor has been approved by the Medical Council of NSW. Information Exchange (9) To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia and the Pharmaceutical Regulatory Unit for the purpose of monitoring compliance with these conditions. (10) To authorise the Medical Council of NSW to notify current and future persons or organisations at places where he works as a medical practitioner in Australia, of any issues arising in relation to compliance with these conditions. Costs of Compliance (11) To bear all costs arising out of compliance with these conditions. Review (12) 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. (13) 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. Costs of the Tribunal Proceedings (14) The Respondent is ordered to pay the Applicant's costs of these proceedings, as agreed or assessed. Catchwords: HEALTH — Professional registration and discipline — finding of professional misconduct – protective orders – reprimand – conditions – costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Health Practitioner Regulation (New South Wales) Regulation 2016 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Chen [2016] NSWCATOD 144 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Noureddine Houfani (Respondent) Representation: Counsel: E Bayley, Solicitor-Advocate (Applicant) Dr P Dwyer, Barrister (Respondent)