Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Mazzaferro [2011] NSWMT 9 Hearing dates: 3 and 4 August 2011 Decision date: 31 August 2011 Before: Kavanagh J; Dr R Gordon; Dr V Sutton; Ms H Kiel Decision: 1. Dr Mazzaferro is guilty of unsatisfactory professional conduct in that, in the exercise of his medical practice, his knowledge, skill, judgement and care were significantly below the standard expected of a practitioner; he breached the Medical Practice Act 1992 and he engaged in improper conduct. 2. We therefore order in Dr Mazzaferro's practice of medicine: (i) He is not to possess, prescribe, supply, dispense or administer Schedule 4 Appendix D drugs or Schedule 8 drugs of addiction. (ii) He is not to prescribe Panadeine Forte in excess of therapeutic guidelines. (iii) He is to undertake continuing professional development (CPD) activities with a focus on boundary issues. (iv) He is to nominate an independent supervisor within the next 28 days, to be approved by the Council, to monitor and review his clinical practice and compliance with these Practice Conditions in accordance with Level 2 Supervision as contained in the NSW Council's Policy for Supervision for a period of one (1) year. The supervisor is to be provided with a copy of the Policy and the Medical Tribunal's decision. He is to ensure that: (a) He and the supervisor meet on a monthly basis for at least one hour, the first meeting to occur within one month of being advised by the NSW Medical Council that his nominated supervisor has been approved. (b) At each meeting they address each patient follow up, boundary issues, assertiveness skills, overall patient care and management, substance abuse, appropriate prescribing practices and appropriate referral. (c) At each meeting, the supervisor completes a record of matters discussed at the meeting in a format prescribed or approved by the Council. (d) The supervisor forwards to the Board/Council, on a quarterly basis, a Supervision report in a format prescribed or approved by the Board/Council. (e) He authorises the Supervisor to inform the Council immediately if there is any concern in relation to his compliance with the supervision requirements, compliance with other conditions of registration, clinical performance, or if the supervisor relationship ceases. (f) In the event that the approved independent supervisor is no longer willing or able to provide the supervision required, details of a replacement independent supervisor are forwarded for approval by the Council within 21 days of the cessation of the original supervisory relationship. (g) He is responsible for all costs associated with the supervision arrangement. (v) He is to consent to the exchange of data between the Council, Medicare Australia and Pharmaceutical Services Branch where required in order to facilitate monitoring of his compliance with these Conditions. (vi) He is to treat no more than 175 patients in any one week and an average of no more than 35 in any one day including home visits but excluding nursing home visits. 3. The respondent shall pay the complainant's costs. Catchwords: Doctor charged with failure to seek appropriate approval for prescribing Schedule 4D and Schedule 8 drugs; prescribing narcotics and other drugs to drug dependent patients; failure to keep proper medical records; doctor's treatment of some five patients considered - some factual allegations by HCCC not established - doctor guilty of unsatisfactory professional conduct - limitation placed on doctor's power to prescribe Schedule 8 and Schedule 4D drugs and Panadeine Forte - number of patients to be seen on average in one day and one week - appointment of an independent supervisor - orders accordingly. Legislation Cited: Health Care Complaints Act 1993 (NSW) Medical Practice Act 1992 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Director-General, Department of Community Services; re Sophie [2008] NSWCA 250 HCCC v Gayed [2009] NSWMT 4 Kalil v Bray (1977) NSWLR 256; Kalil v Bray [1977] 1 NSWLR 256 Latoudis v Casey [1990] 170 CLR 534 OHN v Walton (1995) 36 NSWLR 77 Re A Medical Practitioner and the Medical Practice Act (unreported,3 September 2007) Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr A J Mazzaferro (Respondent) Representation: J Kelly (Complainant) G Furness SC (Respondent) Health Care Complaints Commission (Complainant) Avant (Respondent) File Number(s): MT40001 of 2010