Health Care Complaints Commission v Dr John Edwards [2011] NSWMT 10

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr John Edwards [2011] NSWMT 10 Hearing dates: 9 August 2011 Decision date: 14 September 2011 Before: Kavanagh J; Dr V De Carvalho; Dr M Walker; Dr J Mair Decision: 1. The Tribunal marks its strong disapproval of Dr Edward's conduct by reprimanding Dr Edwards pursuant to s 61 of the Medical Practice Act . 2. Dr Edward's registration is to be subject to the following conditions: (i) To not prescribe, possess, supply, administer, handle or dispense any drugs of addiction (drugs under Schedule 8 of the New South Wales Poisons List) and not to prescribe any prescribed restricted substances (Schedule 4D drugs or Schedule 4D derivative under Appendix D of the Poisons and Therapeutic Goods Regulation 2002). (ii) To complete within 12 months of the date of this Decision and at his own expense, the distance education course in "Issues in General Practice Prescribing" conducted by the Department of General Practice, Monash University, Melbourne: (a) By close of business 1 March 2012, he must provide documentary evidence to the Council of his enrolment in the "Issues in General Practice Prescribing" course; and (b) Within two weeks of completing the "Issues in General Practice Prescribing" course, he is to provide documentary evidence to the Council that he has satisfactorily completed the course. (iii) To participate in and complete within 12 months of the date of this Decision and at his own expense, the course "Dealing with Difficult Doctor-Patient Relationships" conducted by the Cognitive Institute: (a) He is required to supply to the Council a copy of the Institute's Certificate detailing satisfactory completion (or otherwise) within two weeks of its receipt. (iv) Dr Edwards is to nominate a supervisor within 28 days of the date of this Decision (to be approved by the Council) to monitor and review his clinical practice and compliance with Conditions in accordance with Level 2 Supervision as contained in the Council's Guidelines for Supervision. The approved supervisor is to be provided with a copy of the Council's Guidelines and a copy of this Decision. The practitioner is to be responsible for all costs associated with the supervision arrangement. The supervisory arrangement remains in place for 18 months, with the supervision period being extended, if upon consideration of the supervision reports received, the Council deems such extension necessary. The practitioner is to ensure that: (a) he and the supervisor meet on a fortnightly basis for at least one hour, the first meeting to occur within one fortnight of being advised by the Council that his nominated supervisor has been approved; (b) at each meeting they address appropriate prescribing practices, clinical outcomes, overall patient care and management and communication skills; (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 Council, initially on a fortnightly basis for the first three months and then subsequently on a monthly basis, a Supervision Report in a format prescribed or approved by the Council; (e) the supervisor is authorised to inform the Council immediately if there is any concern in relation to the practitioner's 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 supervisor is no longer willing or able to provide the supervision required, details of a replacement supervisor are to be forwarded for approval by the Council within 21 days of the cessation of the original supervisory relationship; (v) Condition 4 is not to apply whilesoever the practitioner confines his practice to the performance of surgery at Eastern Surgical Services or assisting other surgeons at hospitals in the area. (vi) The practitioner authorises and consents to any exchange of information between the Council and Medicare Australia where such exchange is necessary to facilitate the monitoring of compliance with these conditions. (vii) The practitioner is to advise the Council, prior to changing the nature or place of his practice. 3. The Medical Council of NSW is the appropriate review body for the purpose of a review under Part 8 Div 8 of the Health Practitioner Regulation National Law (NSW). 4. The respondent to pay the complainant's costs. Catchwords: Doctor on suspension by NSW Medical Board - complaint laid by the HCCC - Complaint as to doctor's unsatisfactory professional conduct and professional misconduct - evidence establishes: doctor's prescribing practices admitted and failure to keep proper medical records called into question doctor's conduct - conduct not in accordance with relevant standards - doctor contravened Medical Practice Regulations - doctor pleads guilty to unsatisfactory professional conduct and professional misconduct - restriction placed on doctor's practicing certificate by agreement - orders. Legislation Cited: Health Care Complaints Act 1993 (NSW) s 39(2); s 90B(3) Medical Practice Act 1992 (NSW) s 36; 37; s 51(1) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Director-General, Department of Community Services; re Sophie [2008] NSWCA 250 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr J Edwards (Respondent) Representation: V A Hartstein (Complainant) M G Lynch (Respondent) Health Care Complaints Commission (Complainant) Avant (Respondent) File Number(s): MT40022 of 2010