In Re Dr Kitto [2010] NSWMT 2

New South Wales Medical Tribunal

CITATION : In Re Dr Kitto [2010] NSWMT 2 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Appellant) Dr Kenneth Collingwood Kitto (Respondent) FILE NUMBER(S) : 40020 of 2009 CORAM: Sidis, DCJ - Sutton, Dr V - Abouyanni, Dr G - Collier Ms A CATCHWORDS: Prescription of drugs of addiction to patient with whom in relationship - Failure to maintain proper drugs register - Failure to secure prescription pads - Previous unblemished record of long-term practice as general practitioner Medical Practice Act 1992 LEGISLATION CITED: Medical Practice Regulation 2003 Poisons and Therapeutic Goods Act 1966 Poisons and Therapeutic Goods Regulation 2002 Briginshaw v Briginshaw (1938) 60 CLR 336; CASES CITED: Pillai v Messiter (1989) 16 NSWLR 197; Spicer v New South Wales Medical Board and Ors (NSW Court of Appeal, unreported, 19 February 1981) DATES OF HEARING: 29 March 2010 DATE OF JUDGMENT: 9 April 2010 Mr G A Farmer (Counsel for the Applicant) LEGAL REPRESENTATIVES: Health Care Complaints Commission (For the Applicant) Ms J Lonergan (Counsel for the Respondent) Hicksons Lawyers (Solicitor for the Respondent) ORDERS: 1. The Tribunal finds Dr Kitto guilty of professional misconduct.; 2. The registration of the practitioner as a medical practitioner in New South Wales pursuant to the Medical Practice Act 1992 shall be subject to the conditions set out in Appendix A to this Determination.; 3. Dr Kitto is to pay the costs of the Health Care Complaints Commission, as agreed or assessed.; 4. The exhibits may be released.; 5. The Tribunal's reasons are published.