Charge Detail Summary

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File Number: Med19/454P
Practitioner: Dr N
Hearing Start Date:

Hearing End Date:

Hearing Town/City:
Hearing Location:
Charge Characteristics:

Prescribing - inappropriate/inadequate (Established)


Failure to record (Established)


Authority - Lied/misled (Established)


Additional Orders:

Name Suppression to Practitioner

Interim order for suppression of the practitioner's name and any identifying details

Order for permanent suppression of the practitioner's name and any identifying details

1037Med19454P.pdf1089Med19454P.pdf


Name Suppression to Witness/s and/or Family of parties

Interim order for suppression of the names of the practitioner's family members named in the Charge, and any identifying details

Order for permanent suppression of the names of the practitioner's family members named in the Charge, and any identifying details

 

1037Med19454P.pdf1089Med19454P.pdf


Other Suppression Orders

Order for permanent suppression of the personal health and other details of the practitioner and family members, [RN] and [DN]

1089Med19454P.pdf


Appeal Order:


Decision:

Full Decision 1089Med19454P.pdf


Appeal Decision:


Precis of Decision:

Charge

On 25 March 2020, the Health Practitioners Disciplinary Tribunal (the Tribunal) considered a charge of professional misconduct laid by a Professional Conduct Committee (PCC) against Dr N, medical practitioner (the Doctor).

The particulars of the Charge alleged the Doctor:

  • prescribed medications including drugs of dependence, drugs of abuse and/or controlled drugs for his own use – (particulars 1 and 2);
  • wrote prescriptions for his wife, each of his two daughters, his son, his mother, and his father which  included drugs of dependence or controlled drugs or drugs of abuse – (particulars 4-9);
  • failed to adequately document the treatment or the medications prescribed to family members - (particular 10);
  • failed to disclose his addiction issues and mislead the Medical Council of New Zealand (MCNZ) in two applications for an Annual Practising Certificate (APC) - (particulars 11 and 12);
  • mislead or attempted to mislead the MCNZ as to the extent of his addiction issues in representations made to it in 2017 – (particular13) ; and
  • requested alterations to his medical records when these were requested by the PCC – (particular 15). 

Particulars 3 and 14 were withdrawn.

Finding

The hearing proceeded on the basis of an Agreed Summary of Facts.   The Doctor acknowledged that cumulatively his conduct did warrant disciplinary sanction.

The Tribunal found each particular of the Charge and all sub- particulars established. The Tribunal found they all separately warranted disciplinary sanction except for the prescribing to one of his daughters (particular 5) and his father (particular 9).  The Tribunal found the misconduct alleged in particulars 5 and 9 was established but did not separately warrant disciplinary sanction. However, when considered cumulatively with the other particulars the conduct set out in particulars 5 and 9 did warrant disciplinary sanction.

Penalty

The Tribunal:

  • censured the Doctor;
  • fined the Doctor $2000 in respect of the professional misconduct set out in particulars 11 and 12;
  • imposed conditions on the Doctor’s practice; and
  • ordered the Doctor pay costs of $35,000.

The Tribunal directed publication of the decision.