Health Care Complaints Commission v Rahman [2018] NSWCATOD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Rahman [2018] NSWCATOD 35 Hearing dates: 12 – 14 February 2018 Date of orders: 14 March 2018 Decision date: 14 March 2018 Jurisdiction: Occupational Division Before: D Cowdroy ADCJ, Principal Member Dr S Howle, Senior Member Dr M Wroth, Senior Member B Radcliffe, General Member Decision: (1) That the respondent is guilty of professional misconduct in respect of Complaints 1 and 2.

(2) That the respondent pursuant to section 149C of the Health Practitioner Regulation National Law (NSW), be suspended for a period of six months from the date of these orders.

(3) That the respondent be prohibited from prescribing Schedule 8 drugs or opioids upon the expiration of the suspension period until he has completed the courses referred to in paragraph 3 of Annexure A attached hereto. If such courses are not available, an alternative course or courses is to be approved by the Medical Council of NSW

(4) That conditions be imposed on the respondent as set out in Annexure A hereto.

(5) The respondent is to pay the costs of the applicant.

(6) The respondent has liberty to apply within 21 days should the respondent seek a different order for costs. Catchwords: PROFESSIONS AND TRADES –– health care professionals –– medical practitioners –– Health Practitioner Regulation National Law –– professional misconduct – unsatisfactory professional conduct – medical practitioner prescribing opioid treatment for elderly patient without consultation – prescribing further strong treatment by way of further pain killing relief without determining whether patient was opioid naive – practitioner failing to determine effect on patient of medication – dosage excessive – patient moribund – whether treatment in comatose state was appropriate Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing Disability and Home Care v Lambert [2009] NSW CA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Chamberlain [2017] NSWCATOD 122 Health Care Complaints Commission v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Rafiqur Rahman (Respondent) Representation: Counsel: E Bailey (Applicant) R Mathur (Respondent)