Health Care Complaints Commission v Dr Hofer [2014] NSWCATOD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Hofer [2014] NSWCATOD 74 Hearing dates: 24 - 27 February 2014 Decision date: 09 July 2014 Jurisdiction: Occupational Division Before: J Boland ADCJ, Principal Member Dr G Abouyanni, Occasional Member Dr E Kertesz, Occasional Member Ms Jennifer Houen, Occasional Member Decision: That the practitioner be reprimanded. Conditions placed on the practitioner's registration, including requirement the practitioner not possess, supply, administer or prescribe Schedule 8 drug or Schedule 4D drug, that he engage in a distance education course, a medical ethics course, and a further 2 day course at the University of Sydney. That the practitioner be ordered to continue to see a psychiatrist of his choice. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - health practitioner - complaint - where it is asserted practitioner guilty of unsatisfactory professional conduct and professional misconduct - whether practitioner's prescribing practices lacking appropriate medical judgment or not in accordance with therapeutic standards - where asserted practitioner knew or should have known patients on an opioid replacement program - where some particulars of complaints are admitted - where it is asserted practitioner failed to keep proper medical records - where some particulars of complaint admitted - practitioner guilty of unsatisfactory professional conduct.

PROFESSIONAL MISCONDUCT - instances of unsatisfactory professional conduct when considered together with sufficiently serious nature to constitute professional misconduct.