Health Care Complaints Commission v Malouf (No 2) [2020] NSWCATOD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Malouf (No 2) [2020] NSWCATOD 12 Hearing dates: On the papers Date of orders: 30 January 2020 Decision date: 30 January 2020 Jurisdiction: Occupational Division Before: N Hennessy ADCJ, Deputy President Dr K Keenan, Senior Member Dr J Fogarty, Senior Member S Lovrovich, General Member Decision: We make the following orders in addition to the orders made on 25 October 2019:

(9) When the period of suspension has expired, Dr Malouf is to be subject to the following additional conditions: (1) To advise the Medical Council of NSW (the Council) in writing at least seven days prior to changing the nature or place of his practice. (2) To maintain a log listing all patients under his immediate care at any residential aged care facility that he has prescribed any Schedule 8 drug or Schedule 4 Appendix D drug. A copy of the log is to be forwarded to the Council within 7 days of the end of each calendar month. The log is to include: (i) the full name and date of birth of the patient; (ii) the date of the consultation; (iii) the name of the drug prescribed; and (iv) the name of the residential aged care facility. (a) Prior to submitting the monthly log to the Council, Dr Malouf is to submit the log to the Director of Nursing or any other Responsible Senior Officer of the residential aged care facility he has prescribed at for verification. (b) Dr Malouf authorises the Council to contact the residential aged care facility to verify any information recorded in the log. (3) To forward evidence to the Council within 14 days of the expiration of the suspension, that Dr Malouf has provided a copy of the Practice Conditions to the: (a) Medical Director; and/or; (b) Principal of Practice; and/or (c) any other Responsible Senior Officer in any place that he works (including any locum agencies, Local Health District public and private hospitals, day procedures centre, medical centre, residential aged care facility or nursing home where he holds any appointments). (4) Within 14 days of a change in the nature or place of his practice, Dr Malouf is to forward evidence to the Council that he has provided a copy of the Practice Conditions to the: (a) Medical Director; and/or (b) Principal of Practice and/or (c) any other Responsible Senior Officer in any place that he works (including any locum agencies, Local Health District public and private hospitals, day procedures centre, medical centre, residential aged care facility or nursing home where he holds any appointments). (5) To practise under Category C 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 meeting, Dr Malouf is to review and discuss his practice with his approved supervisor with particular focus on appropriate prescribing practices and compliance with legislative requirements. (b) To authorise the Council to provide proposed and approved supervisors with a copy of the decision that imposed this condition. (6) To complete within 12 months of the expiration of Dr Malouf's suspension, a course, or courses, in ethics and appropriate prescribing practices, approved by the Council: (a) within 3 months of the expiration of Dr Malouf's suspension, he must provide evidence to the Council of his enrolment in the abovementioned course(s); (b) within 1 month of completing the abovementioned course(s), Dr Malouf is to provide documentary evidence to the Council that he has satisfactorily completed the program; (7) To submit to an audit of his medical practice, by a random selection of his medical records by a person or persons nominated by the Council and: (a) The audit is to be held after 6 months from the expiration of Dr Malouf's suspension and subsequently as required by Council. (b) The auditor is to assess Dr Malouf's compliance with legislative requirements, the practice conditions and appropriate prescribing practice. (c) To authorise the auditor(s) to provide the Council with a report on their findings. (8) To authorise and consent to any exchange of information between the Council, Medicare Australia and Pharmaceutical Regulatory Unit for the purpose of monitoring compliance with these Conditions. (9) Within seven days of commencing any other employment, Dr Malouf is to forward evidence to the Council that he has provided a copy of the conditions to the principal of that place of practice. (10) To authorise the Council to exchange information with current and future persons or organisations at places where he works as a medical practitioner in Australia, regarding any issues arising in relation to compliance with these conditions. (11) Dr Malouf is to meet the costs of compliance with the conditions. Catchwords: MEDICAL PROFESSION – practitioner suspended and one condition imposed – whether additional conditions are appropriate – whether degree of risk justifies audit condition Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Poisons and Therapeutic Goods Regulation 2008 (NSW) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr George Malouf (Respondent) Representation: Counsel: S Maybury (Applicant) R Mathur (Respondent)