Health Care Complaints Commission v DAC [2017] NSWCATOD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v DAC [2017] NSWCATOD 98 Hearing dates: 13-17 March 2017, 15-18 May 2017 Date of orders: 28 June 2017 Decision date: 28 June 2017 Jurisdiction: Occupational Division Before: D Cowdroy ADCJ (Principal Member M Fearnside (Professional Member) G Smith (Professional Member) C Berglund (Lay Member) Decision: (1) That the Respondent is guilty of unsatisfactory professional conduct in respect of Complaints 1, 2, 3, 4 and 5;

(2) That Respondent is guilty of professional misconduct in respect of Complaint 6;

(3) That the Respondent be suspended for a period of 3 months commencing from the date of delivery of the decision of this Tribunal;

(4) After the expiry of the suspension the Respondent's medical registration is to be subject to the following conditions:

(a) The conditions currently imposed on the Respondent's registration by the Medical Council of NSW. (b) The Respondent must attend for treatment and monitoring by an Addiction Specialist. This specialist should be either an Addiction Medicine Specialist (FAChAM) or a specialist in Addiction Psychiatry (Cert. Addiction Psych.). To authorise the Respondent's treating Addiction Specialist to inform the Council of failure to attend for treatment, termination of treatment or if there is a significant change in health status (including a significant temporary change). (c) The Respondent is not to prescribe for self-medication. (d) The Respondent is not to self-administer: (i) any Schedule 4D or 8 Drug. (ii) any narcotic derivative, non-prescription compound analgesic or cold medication. Such medications must only be prescribed and taken at the direction of the Respondent's treating practitioner. (e) That should the Respondent be prescribed or directed to take a: (i) Schedule 4D Drug, (ii) narcotic derivative, (iii) non-prescription compound analgesic or cold medication, the Respondent must agree to notify the Council Appointed Psychiatrist and the Medical Council of NSW. In addition within seven days the Respondent must provide the Council with written confirmation of such treatment from the treating practitioner. (f) The Respondent must attend either weekly meetings of the Doctors in Recovery Group or other group therapy relating to addiction, or meetings of Narcotics Anonymous (NA) and authorise the Council to confirm the fact of attendance with the convenor of the group. (g) The Respondent must continue random Urine Drug Testing (UDT, in strict accordance with the Council's protocol). (h) That the Respondent should provide for approval by the Medical Council of NSW the name and professional address of a registered senior neurosurgeon in a senior position who has agreed to act as his professional mentor. The nature and frequency of contact with the mentor is to be determined by the mentor in accordance with the Council's Guidelines for Mentors but not less than monthly. The mentor is to be provided with a copy of the Guidelines: (i) The Respondent is to authorise the mentor to report, in an approved format, to the Council every three months, initially for twelve months, about the fact of contact, and to inform the Council if there is any concern about his professional conduct, health or personal wellbeing. (ii) The Respondent is to authorise the mentor to notify the Council of any failure to attend, termination of the mentoring relationship against the advice of the mentor, or any other matter the mentor considers appropriate. (iii) The Respondent will meet with the mentor for an initial period of 12 months from the date of the first consultation and thereafter for such period as the Council may determine. (iv) In the event that the approved mentor is no longer willing or able to continue as mentor, the Respondent is to nominate another mentor for approval by the Council within 28 days of the cessation of the original mentor relationship. (v) The Respondent is to be responsible for any costs of the mentoring process. (vi) The meetings should include discussion of any personal and/or medical practice issues that may arise. (i) The Medical Council of NSW will be the review body for these conditions.