Hart v Medical Council of New South Wales [2024] NSWCATOD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hart v Medical Council of New South Wales [2024] NSWCATOD 21 Hearing dates: 12 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Occupational Division Before: The Hon M Le Poer Trench ADCJ, Principal Member Dr J Fogarty, Senior Member Dr H Haikal-Mukhtar, Senior Member D Telford, General Member Decision: (1) Pursuant to s 163B of the National Law, the Applicant John Hart is permitted to seek reinstatement of his registration as a medical practitioner. (2) The Applicant's registration is to be subject to the following conditions: (a) To obtain Medical Council of NSW approval prior to changing the nature or place of practice. (b) To practise only in a group practice approved by the Medical Council of NSW where there are at least 2 other medical practitioners: (i) Where patients and patient records are shared between the medical practitioners. (ii) Where there is always one other registered medical practitioner on site at the same time as the subject practitioner. (iii) Which is an accredited practice. (c) Not to conduct home visits, nursing home visits or after-hours visits. (d) To treat no more than 20 patients in any one day. (e) Not to possess, supply administer or prescribe peptides, peptide compounds or any associated agents. (f) To practise under category B 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. (i) The terms of the Council's Compliance Policy – Supervision are varied so that the practitioner is to: (A) have review meetings with his Council-approved supervisor each week; and (B) authorise the Council-approved supervisor to provide reports to the Council (in a Council-approved format) on a monthly basis. (ii) At each supervision meeting the practitioner is to: (A) review and discuss his practice with the approved supervisor with particular focus on: i. Patient assessment, examinations and history taking ii. Appropriate prescribing practices, and compliance with condition (2)(e) iii. Communication iv. Women's health (B) review all medical records for paediatric patients consulted/treated in the preceding week. (C) discuss continuing professional development and use of best practice resources and guidelines. (iii) In addition to the weekly supervision meetings the practitioner will undertake weekly observation sessions with the Council approved supervisor for at least one hour duration. These will alternate between: (A) The supervisor observing the practitioner conduct at least 2 patient consultations (B) And the practitioner observing the supervisor conduct at least 2 patient consultations (C) Feedback about the observations are to be included in the supervision reports. (iv) To authorise the Medical Council of NSW to provide the approved supervisor(s) with a copy of the decision which imposed these conditions and all previous decisions. (v) Not to practise until a supervisor has been approved by the Medical Council of NSW. (g) To complete within 6 months of date of this decision (or such later date as the Council may permit), the National Prescribing Curriculum course organised by The University of Tasmania. (i) Within 1 month of the date of this decision (or such later date as the Council may permit), the practitioner must provide evidence to the Medical Council of NSW of his enrolment in the abovementioned course. (ii) Within 1 month of completing the abovementioned course, the practitioner is to provide documentary evidence to the Council that he has satisfactorily completed the course. (iii) To bear responsibility for any costs incurred in meeting this condition. (iv) In the event that the abovementioned course is unavailable, the practitioner 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 after the date of this decision (or such later date as the Council may permit). (h) To submit to an audit of his medical practice, by a selection of his medical records by a person or persons nominated by the Medical Council of NSW and: (i) The audit is to be held within 6 months of recommencing medical practice and subsequently as required by the Council. (ii) The auditor(s) is to assess his compliance with good medical record keeping standards, the Medical Board of Australia's Good Medical Practice – Code of Conduct, legislative requirements and compliance with conditions. (iii) To authorise the auditor(s) to provide the Council with a report on their findings. (iv) To meet all costs associated with the audit(s) and any subsequent reports. (i) To complete within 3 months of the date of reinstatement as a registered medical practitioner, (or such later date as the relevant officer of the Medical Council of New South Wales may require), a Council-approved tailored education program with a focus on ethics. (i) Within 2 months of the date upon which the practitioner makes application for registration, the practitioner must submit for Council approval, a copy of the proposed tailored education program developed in consultation with an education provider and/or Medical Indemnity Insurer. The program must include: (A) An outline of all learning activities/capabilities with respect to ethics. (B) The duration, start and end dates and delivery method. (C) Method of assessment for successful completion of the course. (ii) The education program must be approved by Council, prior to commencement of the program. (iii) Within 1 month of completing the abovementioned Council-approved education program, the practitioner must provide: (A) Documentary evidence to the Council of his satisfactory completion; (B) A reflective report outlining and demonstrating how the practitioner will implement his learnings into his future medical practice. (C) The practitioner is to bear responsibility for any costs incurred in meeting this condition. (j) 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. (k) Sections 125 to 127 of the Health Practitioner Regulation National Law are to apply whilst 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. (l) These conditions may be altered, varied or removed by the Medical Council of New South Wales and the Medical Council is the appropriate review body for the purposes of Part 8 Division 8 of the Health Practitioner Regulation National Law (NSW). (3) The Applicant is to pay the Respondent's costs pursuant to Clause 13, Schedule 5D of the National Law, as agreed or as assessed. Catchwords: HEALTH – professional registration and discipline – reinstatement application after three years cancellation period. Legislation Cited: Health Practitioner Regulation National Law (NSW) – s 3, s 3A, s 4, s 125, s 126, s 127, s 163A, s 163B, 163B(1)(c), s 163B(3), s 163C(4), Clause 13(1) of Sch 5D. Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Fryar v Health Care Complaints Commission [2015] NSWCATOD 117 Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Hart (No 2) [2021] NSWCATOD 79 Health Care Complaints Commission v Hart [2021] NSWCATOD 36 Health Care Complaints Commission v Morsingh (No 2) [2023] NSWCATOD 183 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Vo v Medical Council of NSW [2018] NSWCATOD 18 Waterman v Gerling (Costs) [2005] NSWSC 1111 Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Texts Cited: Nil Category: Principal judgment Parties: John Hart (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: K Hooper (Respondent)