In Re Dr William Kwok Wa MA [2005] NSWMT 15

New South Wales Medical Tribunal

CITATION : In Re Dr William Kwok Wa MA [2005] NSWMT 15 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Applicant) Dr William Kwok Wa MA (Respondent) FILE NUMBER(S) : 40010 of 2004 CORAM: Walmsley, SC DCJ - Glover, Prof W - Kusuma, Ms R - Wroth, Dr M CATCHWORDS: Unsatisfactory Professional Conduct - Professional Misconduct - Doctor hepatitis B positive - Did not disclose to Medical Board - Put Patients at Risk - Failed to comply with policy statement on Blood Borne Viruses - Dishonest at s.66 Enquiry LEGISLATION CITED: Ss 36 and 37 Medical Practice Act 1992 (NSW) CASES CITED: In re Dr Furey (unreported, 23 December 2002); Pillai v Messiter (No 2) (1989) 16 NSWLR 1 97 DATES OF HEARING: 8 February 2005 DATE OF JUDGMENT: 8 February 2005 LEGAL REPRESENTATIVES: Mr J G Renwick (Applicant) Mr I G Harrison SC (Respondent) ORDERS: 1.All parts of the complaint are proved 2.(a) The conduct proved amounts to professional misconduct (b)Dr Ma is reprimanded 3.Dr. Ma's right to practice is subject to the following conditions (a).To seek Board approval prior to commencing and/or changing employment (b).To advise any employer or associates of health status and these conditions to which his registration is subject (c).To observe the Medical Board and Department of Health policies on Blood Borne Viruses, with particular attention to the absolute avoidance of exposure-prone procedures (d).To attend for treatment with Dr Freiman, at a frequency to be determined by the treating doctor. To authorise the treating doctor to inform the Board of termination of treatment, failure to attend, or any significant change in Dr Ma's health status (e).To attend for a Board Review Interview at the Board in 6 months, and subsequently such frequency as is determined by the Health Committee (f).That copies of Board Review Interview reports be forwarded to Dr Ma's treating practitioner, currently Dr Freiman (g).These conditions may be released, varied or modified at the discretion of the Board or the Health Committee at such time it considers variation is appropriate (h).That Dr Ma authorise the Health Insurance Commission to release any information to the New South Wales Medical Board in order to ensure that these conditions are being complied with 4.Dr Ma to pay the Commission's costs 5.Suppression order as to any details which might identify any patients