Health Care Complaints Commission v McLean [2016] NSWCATOD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v McLean [2016] NSWCATOD 111 Hearing dates: 22 July 2016 Date of orders: 18 August 2016 Decision date: 18 August 2016 Jurisdiction: Occupational Division Before: R C Titterton, Senior Member C Anderson, Professional Member V Gibson, Professional Member R Lorschy, General Member Decision: (1) The respondent is guilty of unsatisfactory professional conduct. (2) The respondent is guilty of professional misconduct. (3) The respondent is publicly reprimanded. (4) Were the respondent still registered, the Tribunal would have cancelled his registration. (5) The respondent may not apply for a review of order 4 for a minimum period of two years from the date of this decision. (6) The respondent not provide health services to the public while not registered as a nurse. (7)The respondent is to pay the Commission's costs. Catchwords: NURSE – inappropriately administered of medication prescribed for one patient to a patient for whom the medication was not prescribed – inappropriate administration of medication prescribed for one patient to two other patients where medication prescribed as needed but no medical consent obtained – failed to discuss concerns about the medication regime of patients with a medical officer – failure to obtain a written order prior to administering medications - unsatisfactory professional conduct - professional misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013. Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Poisons and Therapeutic Goods Regulation 2008 Cases Cited: Briginshaw v Briginshaw (1983) 6 CLR 336 Craig v Medical Board of South Australia [2001] SASC 169 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Gad v Health Care Complaints Commission (2002) NSWCA Gayed v Walton [1997] NSWSC 279 Health Care Complaints Commission v Gow [2013] NSWMT 2 Health Care Complaints Commission v Howe [2010] NSWMT 12 Health Care Complaints Commission v Marino (No. 2) [2016] NSWCATOD 75 Health Care Complaints Commission v Perroux [2011] NSWDC 99 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Smith [2015] NSWCATOD 85 Law Society of NSW v Foreman (1994) 34 NSWLR 408 NSW Bar Association v Hamman (1999) NSWCA 404 NSW Bar Association v Meakes [2006] NSWCA 340 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Brian McLean (Respondent) Representation: Counsel: S Maybury (Applicant)