HCCC v Dr James Taylor [2010] NSWMT 10

New South Wales Medical Tribunal

CITATION : HCCC v Dr James Taylor [2010] NSWMT 10 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr James Taylor FILE NUMBER(S) : 40008 of 2009 CORAM: Puckeridge, QC DCJ - Child, Dr D - Tucker, Dr P - Houen, Ms J CATCHWORDS: s64(2A) Prohibtion Order - Substantial Risk - Health Service definition LEGISLATION CITED: Medical Practice Act 1992 (NSW) Health Care Complaints Act 1993 (NSW) CASES CITED: DATES OF HEARING: 07/05/10 DATE OF JUDGMENT: 11 June 2010 LEGAL REPRESENTATIVES: Ms K Stern Mr S Barnes ORDERS: 1) The Tribunal orders that the respondent is suspended from the practice of medicine and is not to apply for registration as a medical practitioner until the expiration of three (3) years from the date of this determination.; 2) The Tribunal orders that the respondent pay half the costs of the complainant.

JUDGMENT: - 17 -

JUDGMENT

1 The Notice of Complaint alleges unsatisfactory professional conduct and professional misconduct. The complaint states that the doctor engaged in improper or unethical conduct relating to the practice of medicine. Particulars of complaint as stated in the Notice of Complaint are:- I. In December 2006 the doctor entered into a personal and sexual relationship with Patient A. II. Between late December 2006 and early March 2007 and whilst he was in a personal and sexual relationship with Patient A, the doctor wrote prescriptions for Patient A. III. The doctor failed to refer or ensure that Patient A was referred to another psychiatrist after he had entered into a personal and sexual relationship with her in December 2006 and in circumstances where the doctor changed Patient A's psychoactive medication in December 2006. IV. The doctor failed to refer or ensure that Patient A was referred to another psychiatrist and/or to assist Patient A to obtain other medical or psychological support after he ended their personal and sexual relationship in March 2007 which caused Patient A to suffer considerable emotional distress. 2 The doctor is at present not registered to practice medicine, and does not at present seek to be re-registered. The complainant seeks orders that he not make an application for re-registration within a specified period of time, and also seeks an order pursuant to s64(2A) of the Medical Practice Act that the doctor be prohibited from providing counselling services falling within the definition of health services in s4 of the Health Care Complaints Act 1993. The doctor does not oppose an order that he not apply to be registered as a medical doctor within a period of 3 years from the date of determination by this Tribunal, but opposes a prohibition order. 3 The doctor has admitted the particulars of complaint. The Tribunal is required to find on all the evidence before it whether the particulars of complaint to which the doctor has admitted amount to unsatisfactory professional conduct and/or professional misconduct. The Tribunal is also required to take into account the behaviour of the doctor as shown by proved particulars of complaint in determining the appropriateness of any prohibition order pursuant to s64(2A). 4 The doctor graduated as a Bachelor of Medicine and Bachelor of Surgery from the University of Sydney in 1971 and in 1993 became a fellow of the Royal Australian and New Zealand College of Psychiatrists. He was first registered in NSW as a medical doctor on 04 January 1971. On 21 January 2009 doctor's name was removed from the register pursuant to Schedule 1 clause 27(1) of the Act and has remained unregistered. 5 In her statement of 25 October 2007, Patient A states that she first commenced a therapeutic relationship with the doctor in about 1993 and lasted for 14 years. She stated that the frequency of her consultation varied depending upon her mood. She also stated that in the first 4 years after commencing treatment, there was social contact about twice but such social contact ceased when the doctor married. In 2004 the patient moved to Queensland. She stated that she would talk to the doctor by phone to get scripts. Relevantly, in her statement of 25 October 2007, that patient states:- "7) In December 2006 the therapeutic relationship changed. When I phoned to get a prescription and Dr Taylor told me that his marriage had broken up. He came over to my house on Christmas Eve day and we talked for 3 hours. We had sexual intercourse for the first time. 8) The sexual relationship continued until 06 March 2007".