HCCC v Ameisen [2009] NSWMT 9

New South Wales Medical Tribunal

CITATION : HCCC v Ameisen [2009] NSWMT 9 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Applicant) Paul Ameisen (Respondent) FILE NUMBER(S) : 40010 of 2008 CORAM: Johnstone, DCJ - Toh, Dr S - de Carvalho, Dr V - Gleeson, Dr M CATCHWORDS: PROFESSIONAL MISCONDUCT - inappropriate and irresponsible prescription of certain drugs, failing to keep proper medical records in respect of the prescription of those drugs, providing signed prescriptions for the drug Nilstat to a person who was not a registered medical practitioner - conduct amounting to serious professional misconduct deserving of significant disapprobation - misconduct requiring de-registration Civil Procedure Act 2005 LEGISLATION CITED: Medical Practice Act 1992 Medical Practice Regulation Poisons and Therapeutic Goods Regulation CASES CITED: Ex parte Tziniolis; re the Medical Practitioners Act (1966) 67 SR 448 at 461; HCCC v Karalasingham [2007] NSWCA 267 at [67] DATES OF HEARING: 8, 9 and 10 December 2008 DATE OF JUDGMENT: 28 January 2009 Mr I Bourke of counsel LEGAL REPRESENTATIVES: Instructed by Ms Connors, health Care Complaints Commission Mr M Bozic SC and Mr E Pike of counsel Instructed by Ms F Davis from Paul Tsaousidis, solicitor for Avant ORDERS: 1. The Respondent's name is removed from the Register of Medical Practitioners; 2. The Respondent is not permitted to apply for the restoration of his name to that Register for a period of 18 months from today; 3. The Respondent is to pay the Complainant's costs of these proceedings, on the ordinary basis