HCCC v Schnapp [2007] NSWMT 16

New South Wales Medical Tribunal

CITATION : HCCC v Schnapp [2007] NSWMT 16 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dale Lynton Schnapp FILE NUMBER(S) : 40012 of 2005 CORAM: Ainslie-Wallace, DCJ - Bennett, Assoc Prof - Vamos, Dr M - Deveson, AO Ms A CATCHWORDS: Drug abuse - Restrictions on registration LEGISLATION CITED: Medical Practice Act 1992 ss 36 &37 Regulations to the Poisons and Therapeutic Goods Act 1966 Briginshaw v Briginshaw (19380 60 clr 336; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; CASES CITED: Law Society of NSW v Foreman (1994) 34 NSWLR 408; Craig v Medical Board of South Australia [2001] SASC 169; NSW Bar Association v Meakes [2006] NSWCA 340 DATES OF HEARING: 19.2.2007 to 21.2.2007 DATE OF JUDGMENT: 5 April 2007 LEGAL REPRESENTATIVES: For the Complainant C P Griffin of Counsel For the Respondent R T Forrest of Queen's Counsel ORDERS: On finding that the respondent has, in each particular, demonstrated unsatisfactory professional conduct the Tribunal orders that any future registration of the respondent in NSW be subject to the following conditions;; 1. That he not be registered in NSW until he has demonstrated to the satisfaction of the NSW Medical Board that he is aware of the relevant NSW legislation and regulations governing the administration and handling of drugs;; 2. That he advise the NSW Medical Board of his place of employment and any proposed change of that employment within twenty-one (21) days before either commencing or changing the employment;; 3. That the respondent advise the Medical Director and Senior Anaesthetist of any hospital in which he is employed in NSW of the fact of his past drug abuse, that his registration has been subject to conditions including random urinalyses and that he give to the Medical Director and the Senior Anaesthetist a copy of the Tribunal's orders;; 4. That twenty-one (21) days before commencing clinical practise in NSW the respondent notify the NSW Medical Board of the name and professional address of a senior anaesthetist who is prepared to act as his professional mentor;; 5. The respondent will consult the mentor for a period of two years from the date of his application for registration in NSW;; 6. The nature and frequency of the contact between the respondent and the mentor is to be determined by the mentor in accordance with the Guidelines developed by the Medical Board of NSW; ; 7. The meetings between the mentor and the respondent will occur at least monthly and may be in person or by telephone at the convenience of the mentor and after discussion with the respondent and should be used to discuss any medical practice issues as they arise;; 8. The respondent is to provide the mentor with a copy of the Reasons for Determination and Orders of the Tribunal; ; 9. The respondent is to authorise the mentor to report to the NSW Medical Board every six months about the fact of the contact with the respondent and to inform the NSW Medical Board if he/she has any concern about the respondent's professional conduct or personal wellbeing;; 10. The respondent is to authorise the mentor to notify the NSW Medical Board of the respondent's failure to attend for consultation with the mentor, the termination of the mentoring relationship against the advice of the mentor or any other matter the mentor considers appropriate;; 11. The respondent is to bear any costs associated with the mentoring process;; 12. that the respondent pay the applicant's costs of the hearing.