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vocational regulation

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Doctor denied procedural fairness by Tribunal

Proceedings had been commenced in the Tribunal by the Medical Board alleging a breach of professional boundaries, sexual misconduct, misleading entries in clinical notes and making false statements to AHPRA and the Board. Following conferral between the parties, a document entitled "Minute of Proposed Orders" was signed by the solicitors acting for the parties. The Minute took the form of an order ...

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No obligation on Tribunal to make all or any combination of protective orders available

Following the making of findings of professional misconduct against a registered nurse who had commenced a sexual relationship with a patient under his care in a psychiatric facility, the nurse consented to a package of orders which included (1) cancellation, (2) disqualification and (3) prohibition. Despite the nurse's consent and the absence of any argument about protective orders, the Tribunal made only one of the protective orders, being (1) cancellation....

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Immediate action against practitioner after suspension of medical licence in US

The immediate action process arose from a notification the Board received in August 2016 that the practitioner, who was practicing in both the US and Australia, had had his medical licence summarily suspended in June 2016 by Judge Mandala, an Administrative Law Judge of the Alaskan Office of Administrative Hearings. The practitioner’s suspension in Alaska followed an investigation into his prescribing ...

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Tribunal makes orders for reprimand and rehabilitation

In Medical Board of Australia v GMZ, a practitioner was found to have self-administered schedule 4 drugs over a period of 6 years that had not been legitimately prescribed to him.  The practitioner had also made false representations to obtain the drugs and forged prescriptions on his father’s prescription pad. The practitioner’s name was suppressed on the basis that its publication would be deleterious to his rehabilitation....

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Overstepping Professional Boundaries leads to Professional Misconduct

The experienced GP was found guilty of professional misconduct for continuing to treat an elderly patient after he became aware that he was named as the dominant beneficiary in her will. The GP had commenced treating the patient in 1996. Over the course of time they formed a genuine friendship, socialising together and exchanging gifts. In or about 2002 or 2003 the GP became aware that he was named as a beneficiary in the patient’s will....

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Doctor suspended for forging signatures to patient consent forms

Over a period of 12 months, the practitioner caused 37 patient consent forms to be signed by a person other than that patient in respect of surgical operations, procedures or medical treatment. He then knowingly provided to the Alfred Health and/or to the Royal Women’s Hospital those forged consent forms, knowing that they would form part of the patients’ medical record of that hospital....

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Doctor suspended over alternative therapy advice

The patient had been diagnosed with a hepatoblastoma (a malignant tumour of her liver) in early August 2009. Doctors at Princess Margaret Hospital recommended chemotherapy. The patient's parents wished her to be treated with natural therapies and were opposed to chemotherapy. On 1 September 2009, the patient and her mother left for South America. The patient died on 12 November 2009. Subsequently, the Coroner made a referral to the Medical Board of Australia....

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GP Suspended for Slapping a Child's Face during Consulation

The child and his mother had attended for an appointment so that the GP might try to help the child swallow his ADHD medication. The GP attempted to teach the child how to swallow the medication over a period of about 50 minutes. The child refused and fidgeted in his chair. At one stage, the GP placed his feet on the top of the child's feet in an attempt to keep him still. The child continued to refuse ...

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Surgeon reprimanded and fined for permitting doctor not registered in Australia to perform operation

In a recent decision of the Professional Standards Committee Inquiry, a colorectal surgeon, Professor Morris, was found guilty of unsatisfactory professional conduct for knowingly enabling an overseas based doctor, Dr Sugarbaker, who was not registered under the National Law, to perform surgery on a patient. Professor Morris was involved in organising a colorectal surgery conference in Sydney in 2014....

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Chiropractor convicted of unlawful advertising

A recent case in which a chiropractor was convicted of false advertising for claiming to be able to prevent, treat and cure cancer serves as a reminder for practitioners to make sure they properly understand their obligations and follow the National Boards’ guidelines for advertising. Section 133 of the Health Practitioner Regulation National Law (National Law) bans advertising that creates an unreasonable expectation of beneficial treatment....

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Doctor’s obligations in relation to medical reports and certificates

Background facts On 2 March 2015, the practitioner was consulted for a medical assessment regarding his suitability to continue to hold, possess and/or use a firearms licence.  At this attendance, the patient provided the practitioner with a letter from the Queensland Police Service (QPS) which had advised the patient that his firearms licence had been suspended. The QPS letter indicated that ...

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Medical practitioner consuming alcohol while on call

It was alleged that the practitioner had attended a social function, had consumed an amount of alcohol and was affected, and then, whilst on call, attended on a pregnant patient in a hospital.  It was also alleged that he conducted himself in an inappropriate manner in his interaction with the patient and her mother in that, at the consultation, he communicated with them in a way that was argumentative ...

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