Panel hearing summary 2012.0156

Decision of the Medical Board of Australia

Performance and Professional Standards Panel

Jurisdiction: Australian Capital Territory

Date of Hearing: 1 November 2012

Date of Decision: 9 November 2012

Classification of Notification:

National Law Breach – Breach of condition / undertaking

Allegations

It was alleged that the practitioner behaved in a way that constituted unprofessional conduct under section 191(1)(b)(ii) of the National Law in that they failed to comply with a condition imposed on their registration. The condition required the practitioner to complete a structured training program in health care risk management, including competent prescribing according to law.

Finding

The panel found that the practitioner had complied with the condition and had no case to answer.

The practitioner attained certificates in two online courses run from the USA, one of which focused on safe prescribing practices. The panel noted that the condition did not require the course to be conducted in Australia nor did it specify at what level it should be undertaken. It found that while the courses may not have been what the Board had in mind when it imposed the condition, they were the most reasonable option open to the practitioner at the time as the practitioner could not find a course matching the requirements of the condition in Australia and the online courses were sufficiently robust.

Determination

The panel decided that no further action be taken.