In Re Dr Peter Keith [2007] NSWMT 12

New South Wales Medical Tribunal

CITATION : In Re Dr Peter Keith [2007] NSWMT 12 TRIBUNAL: Medical Tribunal PARTIES : Dr Peter Keith Health Care Complaints Commission (HCCC) FILE NUMBER(S) : 40026 of 2006 CORAM: Rein, SC DCJ - Harris, Dr B - Harris, Dr N - Collier Ms A CATCHWORDS: General practitioner inappropriately prescribed benzodiazepines and Pethidine to drug dependent patients when he knew or ought reasonably to have known of their drug dependence - Practitioner prescribed in inappropriate circumstances and on occasions without authority to prescribe - Practitioner admits his conduct was sufficiently serious to constitute professional misconduct - $20,000 fine imposed - Right to prescribe Schedule 4 and Schedule 8 drugs removed - Other conditions imposed LEGISLATION CITED: Medical Practice Act 1992 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) HCCC v Karalasingham [2007] NSWCA267 [67]; A Solicitor v Council of the NSW Law Society (2004) 216 CLR 253 ; Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320; Ex parte Lenehan (1948) 77 CLR 403 ; Prothonotary v Ritchard (BC8701242, NSWCA 31 July 1987); CASES CITED: NSW Bar Association v Maddocks (NSWCA 23 August 1998); Gad v HCCC (2002) NSWCA 111 ; HCCC v Litchfield (1997) 41 NSWLR 630; NSW Bar Association v Meakes [2006] NSWCA 340 ; Parkes v Crittenden (1965) 114 CLR 164 ; Spicer v NSW Medical Board (NSWCA 19 February 1981 unreported) DATES OF HEARING: 3, 4, 5, 6 December 2007 DATE OF JUDGMENT: 19 December 2007 LEGAL REPRESENTATIVES: Mr M. Lynch (HCCC) Ms A Katzmann S.C. (Dr Keith) ORDERS: 1. Dr Keith is fined $20,000 in respect of his professional misconduct in the period 1998 to 2003.; 2. Conditions imposed on Dr Keith's right to practice (as set out in published reasons for judgment).; 3. Dr Keith to pay the costs of the proceedings.