Health Care Complaints Commission v Stone [2016] NSWCATOD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Stone [2016] NSWCATOD 117 Hearing dates: 10 and 11 August 2016 Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction: Occupational Division Before: J Millbank, Senior Member D Beaumont, Professional Member I McQualter, Professional Member F Taylor, General Member Decision: (1) A non publication order under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure or publication of the names of the Patients in the schedule to the complaint; (2) A finding that Complaint 1, Complaint 2 and 3 of unprofessional conduct are made out to the required standard; (3) A finding that the complaints cumulatively amount to professional misconduct per Complaint 4; (4) The parties to communicate with the registry to set a hearing date for the Stage 2 determination; (5) Costs in favour of the Commission pursuant to cl 13(1) of Sch 5D of the National Law as agreed or as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: Mental health; nurse practitioner; private practice; psychotherapy; sexualised boundary violations with two patients; events over two years apart; lack of collaborative arrangements with medical practitioners; lack of appropriate supervision; inappropriate billing to Medicare; prescribing without appropriate regard to physical health Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 64; Health Practitioner Regulation National Law 2009 (NSW) ('The National Law') s 139B; s 139E; cl 13(1) Sch 5D Poisons and Therapeutic Goods Act 1966 (NSW) s 17A; Cases Cited: Briginshaw v Briginshaw [1938] HCA 34, (1983) 60 CLR 336; HCCC v BXD (No 1) [2015] NSWCATOD 134; HCCC v Fisher [2016] NSWCATOD 62; HCCC v Flekser [2016] NSWCATOD 1; HCCC v Fraser [2014] NSWCATOD 29; HCCC v Litchfield (1977) 41 NSWLR 630; HCCC v Perroux [2011] NSWDC 99; HCCC v Phung (No 1) [2012] 1 NSWDT 3; Pillai v Messiter (No 2) (1989) 16 NSWLR 197; Qasim v HCCC [2015] NSWCA 282; Slezak, Dr Peter [2011] NSWMPSC 10; Sudath v HCCC [2012] NSWCA 171. Texts Cited: Australian Government, Department of Human Services, Medicare Schedule Benefit, Category 8 (2015); Australian Government, Department of Health, Eligible Nurse Practitioner Services, Questions and Answers (2014); Australian Nursing and Midwifery Council, National Competency Standards for the Nurse Practitioner (2006); Nursing and Midwifery Board of Australia, A Nurse's Guide to Professional Boundaries (2010); Nursing and Midwifery Board of Australia, Code of Professional Conduct for Nurses (2008) Category: Principal judgment Parties: Health Care Complaints Commission (HCCC), (Applicant) William James Stone (Respondent) Representation: Counsel: H Bennett (Applicant) B Tronson (Respondent)