Health Care Complaints Commission v Dr Roland Von Marburg [2012] NSWMT 5

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Roland Von Marburg [2012] NSWMT 5 Hearing dates: 6, 7 March 2012 Decision date: 08 May 2012 Before: Kavanagh J; Dr W Johnston; Dr P Tucker; Ms D Robinson Decision: The Tribunal makes the following orders: 1.Dr Von Marburg is guilty of unsatisfactory professional conduct and professional misconduct 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 and unethical conduct. 2.We, therefore, order the following conditions will apply in Dr Von Marburg's practice of medicine: CONDITIONS Practice Conditions 1.Dr Von Marburg to advise the Medical Council of New South Wales (the Council) prior to changing the nature or place of his practice. 2.Dr Von Marburg must not prescribe, possess, supply, administer, handle or dispense any drug of addiction (drugs under Schedule 8 of the New South Wales Poisons List). In order to comply fully with this condition: (i) He must ensure his authorities as a medical practitioner under the provisions of the Poisons and Therapeutics Regulation 2008 to prescribe, possess, supply, administer, handle or dispense any drug of addiction (Schedule 8 drugs) are withdrawn and remain withdrawn. (ii) Any subsequent change in his Schedule 8 authority must be in accordance with the Council's protocol. Prior to the submission of any variation application to the Pharmaceutical Services Branch, he must seek and obtain approval of the Medical Council of NSW to the lifting of this condition and to the re-instatement of any prescribing authority. (see note) 3.Dr Von Marburg is to authorise and consent to any exchange of information between the Medical Council of New South Wales and Medicare Australia and/or the Pharmaceutical Services Branch of the NSW Health Department where such exchange is necessary to facilitate the monitoring of compliance with these conditions. Health Conditions 4.Dr Von Marburg is not to prescribe for self-medication. 5.Dr Von Marburg is not to self administer: (a) any substance detailed in Schedule 4 or 8 of the NSW Poisons List or Schedule 1 of the Drug Misuse and Trafficking Act 1985 (b) any narcotic derivative, (c) any non prescription compound analgesic or cold medication. Such medications should only be prescribed and taken at the directions of his treating practitioners. 6.Should Dr Von Marburg be prescribed or directed to take a (a) substance detailed in Schedule 4 or 8 of the NSW Poisons List, (b) narcotic derivative (c) non prescription compound analgesic or cold medication. Dr Von Marburg must provide to the Medical Council within seven days written confirmation of such treatment from the treating practitioner. 7.Dr Von Marburg is to attend for treatment by a psychiatrist of his choice, experienced in the treatment of drug addiction, at a frequency to be determined by Dr Von Marburg and the treating psychiatrist. The doctor is to authorise his treating practitioner to inform the Medical Council of New South Wales of failure to attend for treatment, termination of treatment or if there is a significant change in health status (including a significant temporary chance). 8.The doctor is to attend for treatment by a counsellor of his choice, experienced in the treatment of drug addiction, at a frequency to be determined by Dr Von Marburg and the treating counsellor. The doctor is to authorise his treating counsellor or inform the Medical Council of New South Wales failure to attend for treatment, termination of treatment of if there is a significant change in health status (including a significant temporary change). 9.The doctor is to attend for treatment by a general practitioner of his choice, at a frequency to be determined by Dr Von Marburg and the treating practitioner. To authorise his treating practitioner to inform the Medical Council of New South Wales of failure to attend for treatment, termination of treatment of if there is a significant change in health status (including a significant temporary change). 10.The doctor is to continue taking any medication prescribed by his treating practitioners. 3.The respondent shall pay the complainant's costs. Catchwords: UNSATISFACTORY PROFESSIONAL CONDUCT, PROFESSIONAL MISCONDUCT - Doctor self administered pethidine, a Schedule 8 drug - doctor had access to drugs through over prescribing for patients - failure to keep proper medical records; clinical records and drug diary of some seven patients used to hide addiction - clinical records reveal deceit and dishonesty - doctor complied with programme under Impaired Doctor's Programme - doctor guilty of unsatisfactory professional conduct and professional misconduct - limitation continued on doctor's power to prescribe Schedule 8 drugs - limitation placed on doctor's practice of medicine - appointment of a supervisor to monitor future practice - orders - rejection of application for suppression order of doctor's name - suppression order on names of patients - costs Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Medical Practice Act 1992 Cases Cited: Buttsworth v Walton, NSW Court of Appeal, Unreported, 19 December 1991 Childs v Walton, NSW Court of Appeal, Unreported, 13 November 1990 Council of Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Law Society of New South Wales v Bannister (1993) 4 LPDR 24 Law Society of New South Wales v Walsh (NSW Court of Appeal, Unreported, 15 December 1997) Walton v Momot [1997] NSWCA 334 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Roland Von Marburg (Respondent) Representation: Mr L Fernandez of counsel (Complainant) Mr M Lynch of counsel (Respondent) Health Care Complaints Commission (Complainant) Holman Webb (Respondent) File Number(s): MT40013 of 2011