Chen v Medical Council of NSW [2019] NSWCATOD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chen v Medical Council of NSW [2019] NSWCATOD 81 Hearing dates: 13 & 14 February 2019 Date of orders: 14 February 2019 Decision date: 23 May 2019 Jurisdiction: Occupational Division Before: Hon G Mullane – ADCJ – Principal Member Dr J Aitken – Senior Member Dr K Smartt – Senior Member Dr C Berglund – General Member Decision: 1 The application by the applicant for a reinstatement order under s163B(1)(c) of the National Law is granted. 2 In accordance with s149A(1)(b) of the National Law, by consent, if the National Board grants an application by the applicant for registration, the applicant's registration shall be subject to the following conditions:- (1) To obtain Medical Council approval prior to changing the nature of place of her practice. (2) To authorise and consent to any exchange of information between the Council and Medicare Australia and Pharmaceutical Services for the purpose of monitoring compliance with these conditions. (3) To practise only in a group practice approved by the Council where there are at least 2 practitioners (excluding Dr Mengyi Chen): (a) where the patients and patient records are shared between the medical practitioners, (b) where there is always one other registered medical practitioner on site, (c) which is an accredited practice. (4) To forward evidence to the Council prior to commencing practice that she has provided a copy of her full conditions to: (a) the principal(s) of the practice, (b) the proposed and Council-approved Supervisor, (5) Not to possess, supply, administer or prescribed any "drug of addiction" (Schedule 8 drugs) as defined by the Poisons and Therapeutic Goods Act 1966 (NSW). (6) Not to possess, supply, administer or prescribe any substance listed in Schedule 4 appendix D of the Poisons and Therapeutic Goods Regulation 2008 (NSW). (7) To submit to an audit of her medical practice, by a random selection of her medical records by a person or persons nominated by the Medical Council of NSW and: (a) the audit is to be held within 6 months from the date of recommencement of medical practice and subsequently as required by the Council. (b) the auditor(s) is to assess her compliance with good medical record keeping standards and legislative requirements and compliance with conditions. (c) to authorise the auditor(s) to provide the Council with a report on their findings. (d) to meet all costs associated with the audit(s) and any subsequent reports. (8) To practise under category B supervision in accordance with the Council's Compliance Policy-Supervision (as varied from time to time) and as subsequently determined by the appropriate review body: (a) at each supervision meeting the applicant is to review and discuss her practice with particular focus on: (i) appropriate prescribing practice, (ii) medical records with a review of 10 records, (iii) for a period of 12 months to be observed by the supervisor in at least 3 of the consultations each month, and to observe the supervisor during at least 3 of her consultations each month. (b) to authorise the Council to provide proposed and approved supervisors with a copy of the Tribunal's decision and the current conditions. (c) not to practise until a supervisor has been approved by the Council. (9) To nominate an experienced specialist general practitioner to act as her professional mentor for approval by the Council in accordance with the Council's Compliance Policy-Mentoring (as varied from time to time) and as subsequently determined by the appropriate review body: (a) at each mentoring meeting the applicant is to include discussion of the following: (i) Continuing professional education, (ii) Continuing personal development and well-being, (iii) Progress in making independent professional decisions in the consulting room, (iv) Ability to cope with the stress of general practice with specific regard to proper medical records, but also with regard to interpersonal conflicts with any members of the practice, (v) Feedback from her supervisor with regard to her competence within the scope of her practice. (b) to authorise the mentor to report, in an approved format, to the Council if there is any concern about her professional conduct or personal well-being. (10) Treat no more than 30 patients in any one day. 3 These conditions may be altered, varied or removed at the discretion of the Medical Council and the Medical Council is the appropriate body for the purposes of Part 8 of the National Law. 4 Broadcast or publication without the leave of the Tribunal of the name or other identifying information of any patient of the applicant referred to in these proceedings is prohibited. 5 The issue of the respondent's costs application is reserved. 6 Costs order made 23 May 2019: The Applicant must pay an amount of $7,161 to the Respondent towards its costs of or incidental to these proceedings. Catchwords: PROFESSION AND TRADES – medical practitioner – registration – application for reinstatement after registration cancelled – application granted subject to conditions on registration – costs Legislation Cited: Health Practitioner Regulation National Law (NSW) (the "National Law") Poisons and Therapeutic Goods Act 1966; Poisons and Therapeutic Goods Regulation; Health Practitioner Regulation (NSW) Regulation; Cases Cited: Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Texts Cited: "Good Medical Practice: A Code of Conduct for Doctors in Australia" Medical Board of Australia, March 2014; "Standards for General Practices", Royal Australian College of General Practitioners, 2017; Category: Principal judgment Parties: Mengyi "Amie" Chen (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: E Elbourne (Applicant) I Chatterjee (Respondent)