In Re Dr Geoffrey ANNETTS [2004] NSWMT 14

New South Wales Medical Tribunal

CITATION : In Re Dr Geoffrey ANNETTS [2004] NSWMT 14 TRIBUNAL: Medical Tribunal PARTIES : Dr Geoffrey ANNETTS (Applicant) Health Care Complaints Commission (Respondent) FILE NUMBER(S) : 40011 of 2004 CORAM: Walmsley, SC DCJ - Deveson, Ms A - Pasfield, Dr M - Black, Dr F CATCHWORDS: Application for Review - Doctor's name restored to the Register S. 92 Medical Practice Act 1992 (NSW) LEGISLATION CITED: S. 29 Poisons and Therapeutic Goods Act 1966 S. 128 Evidence Act 1995 CASES CITED: In Re Dr Shariff (MT 2/10/00); Ex parte Tziniallis [1967] 1 NSWR 357 DATES OF HEARING: 16 and 17 December 2004 DATE OF JUDGMENT: 17 December 2004 LEGAL REPRESENTATIVES: Mr M Ainsworth (Applicant) Mr P Saidi (Respondent) ORDERS: 1.The Tribunal finds that the applicant is a fit and proper person to practise as a medical practitioner in the State of New South Wales 2. The name of Geoffrey Annetts be reinstated to the Register of Medical Practitioners kept under the Act 3.Pursuant to s 94(2) of the Act, we order that his registration be subject to certain conditions EMPLOYMENT 1.Before commencing practice, Dr Annetts is to attend and observe five half day sessions with a general practitioner approved by the Medical Board of New South Wales, ("the Board") 2.Dr Annetts is to practise only as a general practitioner in a group practice approved by the Board 3.Dr Annetts is to advise the Board of any change regarding the nature of his place of employment as a medical practitioner 4.Dr Annetts is to provide the Board within three months of the date of commencement of practice with a summary of the steps he has taken to ensure his patient records accord with Medical Practice Regulation 2003, in particular part 3 (records) and schedule 2 (records relating to patients) 5.Before resuming medical practice, he is to nominate a supervisor to be approved by the Board. The supervisor is to monitor and review his clinical practice and compliance with any conditions, in accordance with level 2 supervision of the Board's guidelines 6.The supervisor is to be provided with a copy of the Board's guidelines for supervision and a copy of this decision 7.The cost of the supervision be borne by Dr Annetts 8.Dr Annetts is to ensure that (a)he and his supervisor meet on a fortnightly basis for at least an hour (b)that they address case reviews, medical record reviews, communication and assertiveness skills at each meeting (c)a record of matters discussed at each meeting is to be completed in a format which is approved by the Board (d)he authorises the supervisor to forward to the Board, initially on a monthly basis, a report in a format approved by the Board (e) he authorises the supervisor to inform the Board immediately if the supervisor has any concern in relation to Dr Annetts' compliance with the supervision requirements, other conditions of registration or clinical performance, or if the supervisor relationship ceases 9.Dr Annetts is not prescribe or supply schedule 4D or schedule 8 drugs 10.Dr Annetts is to complete educational courses approved by the Board in pain management, management of patients with substance abuse and dependency and assertiveness skills within twelve months of the date hereof, and provide to the Board evidence of satisfactory completion of such courses 11.Dr Annetts permit the Board at his own expense to conduct a medical record audit within twelve months hereof HEALTH 12.For a period of two years from the date hereof Dr Annetts is to attend for treatment by a general practitioner of his choice at a frequency to be determined by the general practitioner; Dr Annetts is to authorise the general practitioner to inform the Board of failure to attend for treatment, termination of treatment, or if there is a significant change in health status, including a significant temporary change 13.Dr Annetts, for a period of two years, is to attend for treatment by a psychiatrist of his choice at a frequency to be determined by the treating psychiatrist; Dr Annetts is to authorise the treating psychiatrist to inform the Board of failure to attend for treatment, termination of treatment, or if there is a significant change in health status, including a significant temporary change 14.Dr Annetts is to authorise the Board to forward copies of this decision and any subsequent Board review, interview reports, and other information relevant to his health and treatment, to his treating general practitioner and his treating psychiatrist GENERAL 15.Dr Annetts is to attend Board review interviews at the Board's request 16.The Board may ease any or all of the conditions imposed on Dr Annetts' registration at a time determined by the Board, or at Dr Annett's request 17.The Tribunal orders the applicant pay the costs of a one day hearing.