HCCC v Tsouroutis [2005] NSWMT 21

New South Wales Medical Tribunal

CITATION : HCCC v Tsouroutis [2005] NSWMT 21 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission FILE NUMBER(S) : 40012 of 2004 CORAM: Ainslie-Wallace, DCJ - Spring, Dr S - Ilbery, Dr K - Deveson, AO Ms A CATCHWORDS: Professional misconduct - Overprescription of Schedule 8 and Schedule 4D drugs - Inadequate record keeping - Failure to maintain Drug Register LEGISLATION CITED: Medical practice Act 1992 ss36 and 37 Poisons and Therapeutic Goods Act 1996 - Schedules 8 and 4D and Clause 113 CASES CITED: Briginshaw v Brigginshaw (1938) 60 CLR 336; Clyne v NSW Bar Association (1960) 104 CLR 186 DATES OF HEARING: 17.5.2005 to 18.5.2005 DATE OF JUDGMENT: 9 June 2005 LEGAL REPRESENTATIVES: P J Griffin of counsel for the complainant M Bozic SC for the respondent ORDERS: 1. That the respondent's right to practice be subject to the following conditions:; a. he is not to possess, supply, administer or prescribe any Schedule 8 drugs. Any future change in the respondent's Schedule 8 Authority will be in accordance with the procedures contained in the protocol of the Medical Board;; b. he is not to possess, supply, administer or prescribe any Schedule 4 Appendix D drugs. Any future change in the respondent's Schedule 4 Appendix D Authority will be in accordance with the procedures contained in the protocol of the Medical Board;; c. the respondent is not to work as a sole practitioner in general practice;; d. the respondent is to seek the approval of the Medical Board before changing the nature or place of his practice and will seek that approval at least twenty-eight days before the date on which he proposes to make one or both of the changes referred to;; e. the respondent is to accept supervision from a medical practitioner approved by the Medical Board in relation to any recommendation by the respondent to prescribe Schedule 8 or Schedule 4D drugs to his patients. The supervising medical practitioner is not required to be present at all times when the respondent is seeing patients. For the purposes of this condition, it is noted that the Medical Board approves of the supervision by Dr Tas Fermanis. In the event that Dr Fermanis is no longer willing or able to provide the supervision required by this order, the respondent is to seek the approval of the Medical Board for another practitioner nominated by the respondent to supervise him. Notification and approval is to be given twenty-eight days before Dr Fermanis is no longer able to supervise the respondent;; f. the respondent is to provide Dr Fermanis and any other supervising medical practitioner with a copy of the Reasons for Determination and Orders made by the Tribunal on 9th June 2005;; g. the respondent is to attend a psychiatrist for counselling and treatment. The attendances are to be at his expense. The times and duration of the attendances are to be at the discretion of the psychiatrist. The respondent is to notify the Medical Board of the name and professional address of the psychiatrist within twenty-eight days of these orders and must authorise the psychiatrist to advise the Medical Board every six months of the fact of the respondent's attendance. The respondent is to provide the psychiatrist with the Reasons for Determination and Orders made by the Tribunal;; h. within twenty-eight days of these orders, the respondent must notify the Medical Board of the name and professional address of a medical practitioner who has agreed to act as his professional mentor. The nature and frequency of the contact between the respondent and his professional mentor is to be agreed between them. The respondent is to give the professional mentor a copy of the Reasons for Determination and Orders of the Tribunal. The respondent must authorise the mentor to notify the Medical Board every six months of the fact of their contact;; i. the respondent may not apply for a review of these conditions before the period of two years from the date of the orders and any application for review is to be made to the Medical Board.