Health Care Complaints Commission v BXD (No 1) [2015] NSWCATOD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v BXD (No 1) [2015] NSWCATOD 134 Hearing dates: 29, 30 September 2015 Date of orders: 07 December 2015 Decision date: 07 December 2015 Jurisdiction: Occupational Division Before: Acting Judge K P O'Connor, AM, Deputy President Dr V Sutton, Professional Member Dr R Napier, Professional Member A Dix, General Member Decision: Orders (a) Finding The Tribunal finds the respondent guilty of professional misconduct. (b) Disciplinary Orders 1. The practitioner is reprimanded. 2. The practitioner's registration is subject to the following conditions: 2.1 To practise in accordance with the Medical Council of NSW Guidelines, entitled Guidelines for Self-Treatment and Treating Relatives, as notified and varied from time to time. 2.2 [This is a private health condition]. 2.3 To nominate a psychiatrist to act as her professional mentor for approval by the Medical Council of NSW in accordance with Medical Council of NSW's Compliance Policy – Mentor, as varied from time to time, and as subsequently determined by the appropriate review body. (a) At the initial mentoring meeting the practitioner is to include discussion of the following: (i) the nature of the practitioner's current practice including work hours, practice hours, practice demands and engagement in CPD activities; (ii) ethics around prescribing and issuing of medical certificates; - and thereafter, the practitioner is to include discussion of the following: (iii) other ethical dilemmas and issues arising in the practitioner's practice, and (iv) the practitioner's general wellbeing. (b) to authorise the mentor to report, in an approved format, to the Council every month about the fact of contact, and to inform the Council if there is any concern about her professional conduct or well being. (c) to authorise the Medical Council of NSW to provide proposed and approved mentors with a copy of the decision upon which these conditions are based. (d) to be mentored for a minimum period of 12 months and as subsequently determined by the Council. 2.4 To complete within 12 months of the date of the decision a formal Medical Ethics course acceptable to the Medical Council, or by any later date approved by the Medical Council: (a) Within 3 months of the date of the decision she must provide evidence to the Medical Council of NSW of her enrolment in the abovementioned course. (b) Within 30 days of completing the abovementioned course, she is to provide documentary evidence to the Council that she has satisfactorily completed the course. (c) To bear responsibility for any costs incurred in meeting this condition. 2.5 To advise the Medical Council in writing at least seven days prior to changing the nature of place of her practice; and 2.6 To authorise and consent to any exchange of information between the Medical Council of NSW and Medicare Australia and Pharmaceutical Services for the purpose of monitoring compliance with these conditions. 3. The Medical Council of NSW is the appropriate review body for the purposes of Part 8 of the Health Practitioner Regulation National Law (NSW). 4. Sections 125 and 127 of the Health Practitioner Regulation National Law (NSW) are to apply while the practitioner's place of practice is anywhere in Australia other than New South Wales so that a review of those conditions can be conducted by the Medical Board of Australia. (c) Costs Order The Tribunal orders the respondent to pay the applicant's costs of the proceedings. Catchwords: PROFESSIONAL DISCIPLINE – Medical Practitioner - Disciplinary Findings and Orders – Treatment of Family Members – Self Treatment – Breach of applicable ethical standards – other matters – Unsatisfactory professional conduct admitted – Whether constituted professional misconduct – So held – Appropriate order – Reprimand – conditions imposed on registration. Legislation Cited: Health Practitioner Regulation National Law, no 86a (NSW) Health Practitioner Regulation (New South Wales) Regulation 2010 Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Texts Cited: - Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) BXD (Respondent) Representation: Counsel: W Hunt (Applicant) M Lynch (Respondent)