Health Care Complaints Commission v Akinci (No 2) [2024] NSWCATOD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Akinci (No 2) [2024] NSWCATOD 104 Hearing dates: 17 May 2024 Date of orders: 24 July 2024 Decision date: 24 July 2024 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member H Dowling, Senior Member J Ludington, Senior Member B Seth, General Member Decision: (1) Pursuant to s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW), the practitioner, Dr Mualla Kadriye Akinci is reprimanded. (2) Pursuant to s 149A(1)(b) of the Health Practitioner Regulation National Law (NSW), the following Conditions are to be imposed on the practitioner's registration for a period of 2 years: (a) the practitioner is not to work as the sole pharmacist or pharmacist in charge and upon entering a pharmacy premises in which to work must notify the pharmacist in charge; (b) the practitioner is to practise under Category C supervision in accordance with the Pharmacy Council of NSW's Compliance Policy – Supervision (as varied from time to time) and as subsequently determined by the appropriate review body; (c) the practitioner is not to practise until a supervisor has been approved by the Pharmacy Council of NSW and is then to conduct review meetings every three months with the approved supervisor and at each meeting is to review and discuss their practice with particular focus on: (i) proprietor oversight; (ii) all process relating to high-risk medicines including OTP; (iii) compliance with legislation, processes and procedures; (iv) record-keeping, including regular audits of documentation and prescriptions; (d) the practitioner is to authorise the approved supervisor to provide written reports to the Council in three monthly intervals, or as specified by the Council; (e) the practitioner is to authorise the Pharmacy Council of NSW to provide proposed and approved supervisors with a copy of full conditions, and any relevant decision or report; (f) the Pharmacy Council of New South Wales is the appropriate review body for the purposes of Division 8 of Part 8 of the Health Practitioner Regulation National Law (NSW). (3) Pursuant to clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) the practitioner is to pay the Applicant's costs as assessed or agreed. Catchwords: OCCUPATIONS – pharmacists – misconduct and discipline – unsatisfactory professional conduct and professional misconduct – reprimand – conditions on registration Legislation Cited: Civil and Administrative Tribunal Act 2013, s 64 Health Practitioner Regulation National Law (NSW), ss 3B, 149A, 149C, 150, Sch 5D cl 13, Part 8 Div 8 Poisons and Therapeutic Goods Act 1966, s 36A Cases Cited: Akinci v the Pharmacy Council of New South Wales [2021] NSWCATOD 214 Chen v Health Care Complaints Commission [2017] NSWCA 186; (2017) 95 NSWLR 334 Council of the New South Wales Bar Association v EFA (a pseudonym) [2021] NSWCA 339; 106 NSWLR 383 Health Care Complaints Commission v Bradley [2022] NSWCATOD 47 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Duggan [2015] NSWCATOD 142 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Moses (No 2) [2019] NSWCATOD 190 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complains Commission v Robinson [2022] NSWCA 164 Health Care Complaints Commission v Saab (No 2) [2020] NSWCATOD 64 Health Care Complaints Commission v Tran [2021] NSWCATOD 82 Health Care Complaints Commission v Yildirim (No 2) [2022] NSWCATOD 100 Lee v Health Care Complaints Commission [2012] NSWCA 80 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Mualla Kadriye Akinci (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (In person) File Number(s): 2023/00165253 Publication restriction: It is noted that: (1) on 23 June 2023 the Tribunal made an order pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 that the names of the 14 patients referred to as Patient A to Patient N in the Schedule to the Complaint is prohibited.