Tribunal reprimands medical practitioner, imposing conditions to restrict practice

09 Feb 2017

The Victorian Civil and Administrative Tribunal (VCAT) has reprimanded a medical practitioner and imposed conditions on his registration restricting his practice, after finding he engaged in professional misconduct by failing to comply with conditions that had been imposed on his registration.

Between 14 June 2012 and 18 October 2013, Dr P was subject to a condition on his registration to undergo random urinary drug screening. The Medical Board of Australia (the Board) referred Dr P to the tribunal alleging that on 11 occasions between 3 July 2012 and 4 April 2013 he failed to undergo the required urinary drug screening.

The Board also alleged that on 18 October 2013 while at work at a Melbourne surgery, Dr P self-administered propofol (in breach of conditions on his registration) and then provided clinical services as an anaesthetist.

After considering the allegations, the tribunal found that Dr P had breached the conditions on his registration by failing to attend random urine drug screening on numerous dates and by self-administrating propofol. The tribunal found this constituted multiple instances of unprofessional conduct and therefore professional misconduct.

The tribunal also found Dr P practising while under the influence of propofol also constituted professional misconduct.

The tribunal imposed conditions on Dr P’s registration including prohibiting him from prescribing or administering schedule 8 drugs and specifying that he can only work in a Board-approved position with a supervisor and not in the area of general and regional anaesthesia (excluding standard local anaesthesia) and sedation for procedures.

This decision is published on the AustLII website.

An earlier VCAT hearing on 13 December 2012 regarding Dr P is also published on the Austlii website.