Health Care Complaints Commission v Gilhotra [2023] NSWCATOD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gilhotra [2023] NSWCATOD 127 Hearing dates: 19 – 20 June 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr J Fogarty, Senior Member Dr A Badam, Senior Member R Wellington, General Member Decision: 1. Under section 149C(1)(b) of the Health Practitioner Regulation National Law, the Tribunal suspends the respondent's registration for a period of 12 months from the date of this decision. 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 at the expiry of the period of suspension: 2.1 To obtain Medical Council of NSW approval prior to changing the nature or place of practice. 2.2. To practise only in a group practice approved by the Medical Council of NSW where there are at least 3 registered Medical practitioners (excluding the subject practitioner) and: (a) The patients and patient records are shared between the practitioners. (b) There is always one other registered medical practitioner on site. 2.3. Not to possess, supply, administer or prescribe any "drug of addiction" (Schedule 8 drug) as defined by Poisons and Therapeutic Goods Act 1966 (NSW). 2.4. 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. (a) At each supervision meeting the practitioner is to review and discuss their practice with their approved supervisor with particular focus on: (i) Appropriate prescribing practices, including pain management, identifying drug-seeking behaviours and non-pharmacological methods (ii) Patient management, assessment and investigations (iii) Safety netting, advice and referrals (b) At each supervision meeting, at least 5 patient records are to be reviewed and discussed with the Supervisor. Monthly Record reviews are to alternate between: (i) 5 patient records randomly selected by the Council-approved supervisor (ii) 5 patient records of complex and challenging patient presentations selected by the practitioner (iii) The details, feedback and discussion regarding the records are to be included in supervision reports. (c) To authorise the approved supervisor to provide written reports to the Council at monthly intervals, or as specified by the Council. (d) To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the decision which imposed this condition or any relevant decision or report (e) Not to practise until a supervisor has been approved by the Medical Council of NSW. 2.5. To submit to an audit by a random selection of their 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 recommencement of practice and subsequently as required by the Council. (b) The auditor(s) is to assess the practitioner's compliance with Good medical record keeping standards, legislative requirements, and compliance with conditions. (c) The auditor(s) should pay particular attention to: (i) Appropriate prescribing practices particularly S4D medications (d) To authorise the auditor(s) to provide the Council with a report on their findings. 2.6. To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia and Pharmaceutical Regulatory Unit for the purpose of monitoring compliance with these conditions. 3. 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. 4. 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. 5. The practitioner 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: OCCUPATIONS - professional registration and discipline – where practitioner admits unsatisfactory professional conduct and professional misconduct – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Health Care Complaints Commission v Chen (2017) 95 NSWLR 334; [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Little [2016] NSWCATOD 146 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 Lee v Health Care Complaints Commission [2012] NSWCA 80 Oshlack v Richmond River Council 193 CLR 72; [1998] HCA 11 Texts Cited: Good Medical Practice: A Code of Conduct for Doctors in Australia (Medical Board of Australia, March 2014) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Gurmeet Gilhotra (Respondent) Representation: Counsel: S Maybury (Applicant) R Rodger (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Avant Law Ltd (Respondent) File Number(s): 2023/00013122 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the disclosure of the names of the patients referred to as Patient A, Patient B, Patient C, Patient D, Patient E and Patient F, in the Complaint forming part of the Application in this matter is prohibited.