Mooney v Medical Council of New South Wales [2024] NSWCATOD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mooney v Medical Council of New South Wales [2024] NSWCATOD 157 Hearing dates: On papers after 9 September 2024 Date of orders: 26 September 2024 Decision date: 26 September 2024 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr H North, Senior Member Dr A Eyers, Senior Member D Telford, General Member Decision: (1) A hearing is dispensed with. (2) The reinstatement order made on 11 March 2024 is subject to the following conditions: (i) To obtain Medical Council of NSW approval prior to changing the nature or place of practice. (ii) To practise only in an accredited teaching hospital approved by the Medical Council of NSW. (iii) To practise no more than a total of 35 hours per week. (iv) Prior to undertaking any surgical procedures, the practitioner must submit to the Medical Council of NSW written confirmation from the Royal Australasian College of Surgeons (RACS) that he has been approved to undertake a re-training/re-skilling program in accordance with the RACS, Re-skilling and Re­entry Program Guidelines. (a) The practitioner must also provide the Council with: (i) a copy of the RACS approved re-training/re-skilling program and (ii) evidence to the Council that a copy of the reports which led to this condition being imposed has been provided to RACS to inform the development of the re-training/re-skilling program. (b) The practitioner must not undertake any surgical procedures until he has provided evidence of approval to undertake a re-training/re-skilling program in accordance with the RACS, Re-skilling and Re-entry Program Guidelines, and confirmation that Council has noted this evidence to its satisfaction. (v) To practise under category B supervision for all other non-operating theatre practice 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) The terms of the Compliance Policy — Supervision are varied so that the practitioner is to meet with the Council-approved supervisor for a minimum of 1 hour face-to-face on a fortnightly basis for the first 6 months of supervision, and then monthly thereafter. (b) At each supervision meeting the practitioner is to review and discuss his practice with his approved supervisor with a particular focus on: - Appropriate prescribing practices - Clinical outcomes - Medical record reviews - Surgical practice, including technique, decision-making, outcomes, complications, post-operative care, timing and patient-selection - Overall patient care and management - Progress with RACS Re-training/Re-skilling program (c) To authorise the Medical Council of NSW to provide proposed and approved supervisors with a copy of the decision which imposed this condition and any other relevant report/decision as determined by Council. (d) Not to practise until a supervisor has been approved by the Council (vi) Within 7 days of the end of each calendar month, the practitioner is to provide the Medical Council of NSW with a record of all surgical procedures performed in the operating theatre in the last month. The record must include the following: (a) the full name and date of birth of the patient (b) the date and start and finish time of each surgical procedure (c) the name and nature of the surgical procedure (d) Medicare item number (e) The facility where the surgical procedure was undertaken (f) any complications arising during and/or as a result of the procedure (and specifically advising of any unplanned return to theatre and/or any post-operative infection). (vii) To undergo a Performance Assessment within 12 months of recommencement of practice. (viii) To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia for the purpose of monitoring compliance with these conditions. (ix) Not to prescribe for self-medication. (x) Not to self-administer any: (a) prescribed restricted substance (Schedule 4 Appendix D drug) or drug of addiction (Schedule 8 drug); or (b) Narcotic derivative, non-prescription compound analgesic or cold medication; unless such medications are prescribed by his treating practitioner and taken as directed by his treating practitioner. Within seven days of being prescribed any such medication by his treating practitioner, the practitioner must: - notify the Medical Council of NSW. - provide written confirmation of the treatment from the treating practitioner to the Council. (xi) To attend for treatment by a psychiatrist. The frequency of treatment is to be determined by the treating practitioner. The practitioner: (a) is to authorise the treating practitioner to inform the Medical Council of NSW of any of the following: - Failure to attend for treatment; - Termination of treatment; or - A significant change in health status (including a significant temporary change). (b) must provide the Council with the professional details of the treating practitioner. (c) authorise the Council to provide a copy of any relevant decisions which imposed this condition to the treating practitioner. (xii) To comply with the Medical Council's Drug Screening Policy and Participant Procedure: drug screening (as varied from time to time) and attend for: (a) urine drug screening three times per week, and (b) quarterly hair drug screening. (xiii) Not to possess, handle, supply or administer cocaine. Catchwords: OCCUPATIONS – medical practitioners – conditions on registration following reinstatement order - Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Health Care Complaints Commission v Mooney [2022] NSWCATOD 44 Medical Council of New South Wales v Mooney [2024] NSWCA 180 Mooney v Medical Council of NSW [2024] NSWCATOD 24 Category: Consequential orders Parties: William Mooney (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: T Rickard (Applicant) K Richardson SC / I Fraser (Respondent)