Health Care Complaints Commission v Chen [2018] NSWCATOD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chen [2018] NSWCATOD 73 Hearing dates: 12, 13, 14 and 15 March 2018 Date of orders: 17 May 2018 Decision date: 17 May 2018 Jurisdiction: Occupational Division Before: D A Cowdroy ADCJ, Principal Member Dr K Arnold, Professional Member Dr M Higgins, Professional Member M Kelly, Professional Member Decision: (1) The Tribunal finds that the complaints should be upheld. The Tribunal finds that the Practitioner is guilty of unsatisfactory professional conduct as alleged in Complaints One and Two of such an extent that it constitutes professional misconduct as alleged in Complaint Three. (2) The Tribunal directs that the hearing of the proceedings continue on 24 and 25 July 2018. Catchwords: PROFESSIONS AND TRADES – Medical practitioner – prescribing drugs for depression where no authorisation existed for the use of such drugs for depression – practitioner failing to adequately investigate medical history of patients – practitioner prescribing only such drug without regard to alternative-treatments – practitioner claiming to act as prescribe of such drug and not acting as medical practitioner – failing to have any follow up investigation of patients – prescribing drug for home use without regard to vulnerability of patients Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW). Health Practitioner Regulation (NSW) Regulation 2010. Health Practitioner Regulation National Law (NSW). Poisons and Therapeutic Goods Act 1966 (NSW). Poisons and Therapeutic Goods Regulation 2008 (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] NSWCA 102; (2009) 74 NSWLR 523. Hardcastle v Commissioner of Police (1984) 53 ALR 5938597. Health Care Complaints Commission v Do [2014] NSWCA 307. Hughes and Vale Pty Ltd v New South Wales (No2) (1955) 93 CLR 127. Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Lei Min Chen (Respondent) Representation: Counsel: A Petrie (Applicant) P Griffin (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 17/173264 Publication restriction: An order is made under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting publication of the name of the patients set out in the Schedule to the complaint.