HCCC v Dr KM [2005] NSWMT 12

New South Wales Medical Tribunal

CITATION : HCCC v Dr KM [2005] NSWMT 12 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr K M FILE NUMBER(S) : 40017 of 2004 CORAM: Ainslie-Wallace, DCJ - Child, Dr D - Brown, Dr J - Bennett, Assoc Prof CATCHWORDS: Prescription of Schedule 4D and Schedule 8 drugs - Prescribe drug without authority - Prescribe drug in excessive quantities LEGISLATION CITED: Medical Practice Act 1992 (NSW) SS36 & 37 Poisons and Therapeutic Goods Act 1966 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336; Clyne v NSW Bar Association (1960) 104 CLR 186 DATES OF HEARING: 18.7.2005 to 19.7.2005 DATE OF JUDGMENT: 19 July 2005 LEGAL REPRESENTATIVES: S A Beckett of counsel M J Fordham of counsel ORDERS: 1. The respondent is to be reprimanded;; 2. that the respondent's right to practise be subject to the following conditions:; a) he is not to possess, supply, administer or prescribe any Schedule 8 or Schedule 4D drugs;; b) the respondent is not to apply for an authority to prescribe either Schedule 8 or 4D drugs without first having obtained the written permission of the Medical Board;; c) the respondent must not work as a sole practitioner in general practice;; d) the respondent is to notify the Medical Board of his place of practice from time to time and must notify the Medical Board in writing of any intended place of practice seven days before commencing work in that practice;; e) the respondent is to provide a copy of these orders to each practitioner in any practice in which he may be working from time to time;; f) within twelve months of the date of these orders, the respondent must complete a course offered by the Pharmaceutical Services Branch to ensure that he has a proper knowledge of prescribing practises and requirements. The respondent to bear the cost of attending the course and is to provide written evidence to the Medical Board of his satisfactory completion of the course;; g) these conditions may be reviewed by the Medical Board.; 3. That no material be published which has the effect of disclosing the name and address of the respondent.