HCCC v Dr Edmund Ching Kun Kwan [2005] NSWMT 23

New South Wales Medical Tribunal

CITATION : HCCC v Dr Edmund Ching Kun Kwan [2005] NSWMT 23 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Edmund Ching Kun Kwan FILE NUMBER(S) : 40014 of 2004 CORAM: Ainslie-Wallace, DCJ - Dorsch, Prof S - Yeo, Dr G - Collier Ms A CATCHWORDS: Prescribing quantities of drugs in excess of recognised therapeutic standands - Provision of religous instruction during professional consultations LEGISLATION CITED: The Medical Practice Act 1992, S37 Poisons and Therapeutic Goods Act, Schedule 4D & Schedule 8 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 DATES OF HEARING: 30.5.2005, 31.5.2005, 1.6.2005, 11.8.2005 DATE OF JUDGMENT: 16 August 2005 LEGAL REPRESENTATIVES: P Saidi SC G Segal of Counsel ORDERS: 1. There is a finding of Professional Misconduct against the respondent.; 2. The respondent be reprimanded; 3. That the respondent's registration be subject to the following conditions;; (a) The respondent is not to possess, prescribe, supply or administer Schedule 4 appendix D drugs. Any future change in the respondent's authority in respect of those drugs be in accordance with the protocols established by the NSW Medical Board (the Board),; (b) The respondent is to complete a course offered by the Pharmaceutical Services Branch to ensure that he has a proper knowledge of prescribing practices and requirements particularly in respect of Schedule 4 appendix D and Schedule 8 drugs. The course is to be completed within 6 months of the date of these orders and the cost of the course to be borne by the respondent. At the conclusion of the course, the respondent is to provide to the Board evidence of his satisfactory completion of the course.; Audit; (c) Within 6 months of having completed the course referred to in order 3(b) the respondent is to submit to an audit with particular attention to his prescribing, administering and recording of drugs of addiction and drugs of dependence. In the course of conducting the audit, the auditor may inspect medical records, observe patient consultations, review the respondent's drug register and inspect the respondent's drug storage facilities. ; (d) The auditor is to be nominated by the Board and will make a report of the audit to the Board which can determine if any further audit or other action should be taken based on the audit report. The cost of the audit and any subsequent report is to be borne by the respondent.; Supervision; (e) Within 1 month of the date of these orders the respondent is to nominate one or more supervisors to be approved by the Board to meet with him and to conduct an inspection of his medical records with a view to monitoring and reviewing them in order to assist the respondent in complying with the requirements of the Medical Practice Regulations 2003. The meetings are to take place at the respondent's place of practice and will continue for a period of 2 years or such other period as the Board may nominate. ; (f) The respondent and the supervisor are to meet monthly for at least 2 hours for the first 6 months and thereafter at a frequency to be determined by the Board; (g) The respondent is to authorise the supervisor to report to the Board on the meetings. The reports to be provided monthly for the first 6 months and thereafter as determined by the Board; (h) The supervisor is to inform the Board immediately of any concern about the respondent's compliance with the supervision requirements, the respondent's compliance with the Medical Practice Regulations 2003 or if the supervision ceases. The respondent is to authorise the supervisor to provide this information to the Board; (i) If there is to be a change of supervisor, the respondent is to seek the Board's approval of a substitute supervisor 21 days before the date of the proposed change.; Educational Counselling; (j) Within 3 months of the date of these orders, the respondent is to attend on a Board nominated senior General Practitioner for educational counselling about boundary setting in the Doctor/Patient relationship with particular focus on the appropriateness of giving religious instruction or advice or recommending particular religious programmes in the course of professional consultations and in relation to any other relevant issues arising from the matters before the Tribunal.; (k) The frequency and duration of the sessions will be at the discretion of the general practitioner and the counselling will continue at the discretion of the general practitioner.; (l) The respondent will authorise the general practitioner to provide a written report to the Board on the outcome of the educational counselling sessions.; (m) At the conclusion of the educational counselling course, the respondent will provide a report to the Board on the matters raised with him and the benefits if any to his practice from the course of counselling.; (n) The cost of the educational counselling and the provision of the report will be borne by the respondent.; (o) These conditions may be varied or reviewed by the Board.; 4. The respondent pay the costs of and incidental to the applica