In Re Dr B [2007] NSWMT 4

New South Wales Medical Tribunal

CITATION : In Re Dr B [2007] NSWMT 4 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Applicant) Dr B (Respondent) FILE NUMBER(S) : 40014 of 2006 CORAM: Walmsley, SC DCJ - O'Brien, Dr E - Brash, Dr D - Smith, Mr RJ CATCHWORDS: Professional Misconduct - Unsatisfactory Professional Conduct LEGISLATION CITED: Medical Practice Act, 1992 s.37 CASES CITED: Childs v Walton (unreported, Court of Appeal, 13 November 1990) 14 May 2007 DATES OF HEARING: 15 May 2007 16 May 2007 17 May 2007 EX TEMPORE 17 May 2007 JUDGMENT DATE : LEGAL REPRESENTATIVES: Mr P Neil SC (Applicant) Ms A Katzmann SC (Respondent) ORDERS: Protective Orders proposed by the Heath Care Complaints Commission: 1.Pursuant to section 61(1)(a) of the Medical Practice Act 1992 the Tribunal reprimand Dr B; 2.Pursuant to Section 61(1)(c) of the Act the Tribunal direct that the following conditions be imposed on Dr B's registration: Health related conditions:2.1 (i)Dr B is to continue to attend for treatment by a psychiatrist of his choice, at his own cost, at a frequency to be determined by the treating psychiatrist ; (ii) Dr B is to authorise the treating psychiatrist to inform the NSW Medical Board ("the Board") of a failure to attend for treatment, termination of treatment or if there is a significant change in health status (including a significant temporary change) ; (iii)Dr B it to attend for review by a Board-nominated psychiatrist on a three monthly basis, at the Board's expense; (iv)To attend a Review Interview at the Board on a three monthly basis or as otherwise directed by the Board; (v)To authorise the Board to forward copies of Review Interview reports and other information relevant to his health to the Board-nominated psychiatrist and his treating psychiatrist; Practice conditions:Supervision:2.2Dr B is to nominate a supervisor within 21 days of this decision to be approved by the Board to monitor and review his clinical practice and compliance with conditions, in accordance with Level 3 supervision of the Board's Policy on Selection & Responsibilities of Supervisors (PCH 7.1) for a period of 2 years from the date of the decision. The supervisor is to be provided with a copy of the Board's Policy PCH 7.1 and a copy of this decision. The cost of the supervision is to be borne by Dr B. Dr B and the supervisor are to: (i)Meet on a fortnightly basis for at least one hour ; (ii)Meetings must address current cases, boundaries and workload; (iii)At each meeting the supervisor is required to complete a record of matters discussed at the meeting in a format approved by the Board; (iv)The supervisor is required to forward to the Board initially on a quarterly basis a report in a format approved by the Board; (v)The supervisor is required to notify the Board immediately if there are any concerns or issues in relation to Dr B's compliance with any condition of registration or if the supervision relationship ceases. Dr B is to authorise the supervisor to provide such information to the Board; Other:3.Pursuant to section 93(1) of the Act the Board is the appropriate review body for review of the conditions set out in Order 2. The Board may vary or terminate any of the conditions set out in Order 2 at its discretion at any time within the period specified above; 4.Dr B pay the Complainant's costs of the proceedings; 5.There be a non-publication order of the name, address and identification details of patient A; 6.There be a non-publication order having effect only until 1st January 2008, of the name, address and identification details of Dr B.