Health Care Complaints Commission v Nguyen-Phuoc [2015] NSWCATOD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Nguyen-Phuoc [2015] NSWCATOD 81 Hearing dates: 25, 26, 27, 28, and 29 May 20158, 9,10 and 29 July 2015 Decision date: 07 August 2015 Jurisdiction: Occupational Division Before: F Marks ADCJ Dr L King (Professional Member) Dr S Howle (Professional Member) M Kelly (Lay Member) Decision: 1. We find the respondent guilty of professional misconduct under complaint four by reason of the findings made against the respondent in each of complaints one, one A, two, two A and three.

2. The proceedings are stood over for stage 2 hearing on 20 August, 2015. Catchwords: Medical practitioner practising complementary medicine - requirement to practice in conformity with orthodox medicine - held if practice of complementary medicine exposes patients to risk of harm or adverse consequences constitutes professional misconduct.

Medical practitioner issuing prescriptions for medications while suspended constitutes professional misconduct

Medical practitioner failing to maintain proper clinical records constitutes unsatisfactory professional conduct Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 139B, 139E Health Practitioner Regulation (NSW) Regulation 2010, Schedule 2 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Bao-Quy Nguyen- Phuoc (Respondent) Representation: Counsel: W Hunt (Complainant)