MEDICAL BOARD OF AUSTRALIA and WADDELL [2018] VR 76

STATE ADMINISTRATIVE TRIBUNAL
[2018] VR 76
04/12/2018
Health Practitioner Regulation National Law (WA) Act 2010 - Schedule s193(1)(a)(i)Referral
VR 76/2018
29/11/2018
MR M SPILLANE, SENIOR MEMBER
29/11/2018
Perth
MEDICAL BOARD OF AUSTRALIA
AINSLIE JAMES HAY WADDELL

 

THE TRIBUNAL NOTES:

 

The Medical Board of Australia (applicant) alleged that there was proper cause for disciplinary action against Dr Ainslie James Hay Waddell (respondent) pursuant to section 193(1)(a)(i) of the Health Practitioner Regulation National Law (WA) Act 2010 (National Law).

 

At the mediation conducted on 22 August 2018, the parties agreed the terms upon which the proceedings could be settled.

 

The facts agreed by the parties are contained in Annexure A.

 

The Tribunal is satisfied that proper cause exists for disciplinary action against the respondent.

 

THE TRIBUNAL ORDERS:

 

To give effect to the agreed terms of settlement, it is on 29 November 2018 ordered that:

 

1.     The respondent is guilty of unprofessional conduct pursuant to section 196(1)(b)(ii) of the National Law.

 

2.     The respondent is reprimanded pursuant to section 196(2)(a) of the National Law.

 

3.     The respondent's registration is to be subject to the following conditions pursuant to section 196(2)(b) of the National Law:

 

     Prohibition on access to Schedule 8 medication

 

(i)     The Practitioner must not prescribe, supply, administer or dispense (hereafter referred to as access) including as emergency treatment supplies or doctor's bag stock, any substance listed in Schedule 8 of the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) as amended from time to time and as published at https://www.tga.gov.au/publication/poisons-standard-susmp and/or pharmaceutical items containing any active ingredient listed within Schedule 8 of the SUSMP for a period of 2 years from the date of these orders.

 

(ii)     Within 10 days of the imposition of these conditions, the Practitioner must provide to AHPRA:

(a)     acknowledgement, on the approved form (HP1), that AHPRA may obtain reports from the Director of Medical Services, Senior Practice Manager, Senior Partner, Proprietor or equivalent (a senior person) at each and every place of practice as required by the Western Australia Board of the Medical Board of Australia (Board) or AHPRA;

(b)     acknowledgement, on the approved form (HP1), that for the purposes of monitoring compliance with the condition restricting access to medication, AHPRA may contact Medicare and/or drugs and poisons regulatory authorities in relevant states or territories; and

(c)     confirmation, on the approved form (HPS1), from the senior person at each place of practice that they are aware AHPRA will seek reports from them.

 

(iii)     The Practitioner is prohibited from applying for reinstatement of the right ordinarily conferred upon medical practitioners to prescribe Schedule 8 medications pursuant to section 25 of the Medicines and Poisons Act 2014, until the expiration of the term of the prohibition upon prescribing substances listed in Schedule 8 of the SUSMP, which is set out in condition 1.

 

     Undertake an audit of practice

 

(iv)     The Practitioner must submit to an audit of his practice, including any supporting records, within three months of the imposition of these conditions and thereafter every six months for two years (the audits), by permitting an auditor (the auditor) approved by the Chair of the Board to attend any and all places of practice (public and private) for the purpose of the audits and by permitting the auditor to provide a report in relation to the findings of the audits.

 

(v)     The audits and the audit reports are to focus on the Practitioner's compliance with condition 1 above and must include, at a minimum, a review of a sample of 50 patient records.

 

(vi)     Within one month of the imposition of these conditions, the Practitioner must:

(a)     make contact with the approved auditor and establish an audit plan outlining the form the audits will take and how the areas of concern for the Board will be addressed. The audits will take the form determined by the auditor;

(b)     provide the approved auditor with a copy of the conditions on the Practitioner's registration;

(c)     provide to AHPRA, on the approved form (HP8), acknowledgement that AHPRA will seek reports from the auditor; and

(d)     provide to AHPRA a copy of the audit plan, together with written acknowledgement, on the approved form (HPNA8), from the approved auditor.

 

(vii)     In the event an approved auditor is no longer willing or able to undertake the audits required, the Practitioner must notify AHPRA within 14 days of becoming aware of this. The Chair of the Board will then nominate and approve a new auditor for the purpose of continuing the audits in the same terms as the previous auditor.

 

     General

 

(viii)     Within 10 days notice of the imposition of these conditions, the Practitioner must provide to AHPRA, on the approved form (HPC), the contact details of the senior person at each current place of practice. In providing this form, the Practitioner acknowledges that:

(a)     AHPRA will contact the senior person and provide them with a copy of the conditions on the Practitioner's registration or confirm that the senior person has received a copy of the conditions from the Practitioner; and

(b)     the Practitioner will be required to provide the same form:

 

               (i) within seven days of the commencement of practice at each and every subsequent place of practice; and

 

               (ii) within seven days of each and every notice of any subsequent alteration of these conditions.

 

(ix)     All costs associated with compliance with the conditions on the Practitioner's registration are at the Practitioner's own expense.

 

4.     The Conditions set out in the preceding paragraph be subject to a review period of 12 months pursuant to section 196(3) of the National Law.

 

5.     The respondent must pay the applicant's costs of the Tribunal proceedings pursuant to section 195 of the National Law to be fixed in an amount of $14,900 or to be taxed if not agreed.

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