Medical practitioner disqualified for two years for breach of conditions

15 Dec 2020

A medical practitioner was found to have engaged in professional misconduct for breaching conditions imposed on his registration.

On 5 July 2016, the Medical Board of Australia (the Board) imposed conditions on the registration of medical practitioner Dr Brian House. The conditions included that he could only practise in places of practice approved by the Board and had to be supervised by another registered health practitioner when providing care to patients with restricted or controlled drug requirements.

Between 25 July 2016 and 17 October 2016, Dr House practised at two additional medical practices which were not approved by the Board. Additionally, Dr House practised without an approved supervisor at four medical practices from 25 July 2016 to 19 October 2016.

During that period, Dr House prescribed restricted (Schedule 4) and controlled (Schedule 8) drugs on up to 429 occasions, with 34 of those occasions involving prescribing of Schedule 8 drugs in the absence of approved supervision. He also did not nominate a supervisor by 5 August 2016 as required.

Further, Dr House did not comply with conditions that he notify the regulator that the senior person in any practice he worked at had sighted the conditions on his registration. He misled one practice as to the true scope of the conditions.

Immediate action was taken on 8 December 2016. Dr House’s registration was suspended, and an investigation commenced.

On 11 September 2019, the Board commenced disciplinary proceedings in the Queensland Civil and Administrative Tribunal (the tribunal). The tribunal found Dr House’s failure to comply with the conditions imposed on his registration was aggravated by his prescribing of restricted scheduled drugs to patients while unsupervised. However the tribunal noted Dr House’s full cooperation with the disciplinary proceedings and with the regulator and the Board.

On 28 May 2020, the tribunal found that Dr House had engaged in professional misconduct. The tribunal ordered Dr House be reprimanded, that his registration be cancelled and that he be disqualified from applying for registration for a period of two years.

The decision is available on the Austlii website.