Doctor who smoked cannabis every day, even at work, censored

A GP who smoked cannabis on a daily basis, prescribed medication for his patient’s brother and made a false profile to lie to medical council about his ongoing drug tests has been suspended for two months.

The Disciplinary Tribunal for Health Professionals determined that the doctor, who has name suppression, behaved in a negligent manner and that he would likely discredit the medical profession.

He did not attend the hearing on the advice of his psychiatrist.

The doctor was censured yesterday for his professional misconduct and suspended for two more months.

The doctor has been suspended and cannot work as a doctor since November 2017.

In April 2015, the Health Committee ordered that the doctor be evaluated by a psychiatrist, who found that the doctor was dependent on cannabis and used it on a daily basis, even when he was working.

He was ordered to take regular drug tests, which had to prove that he had not been using cannabis before he could practice again.

But on five occasions over two months, the doctor violated his professional obligations related to his regular drug tests.

“The physician was well aware of the protocol requirements and it should be expected that he has understood the importance of the chain of custody and the specific protocol of the testing laboratory,” MJ Dew, QC, president of the Disciplinary Tribunal for Health Professionals, wrote in the decision. .

“Repeated breaches of the protocol cannot be excused.”

Dr Todd, a fellow of the Australian and New Zealand College of Psychiatrists, told the Court that the results of the physician’s urinalysis showed a slight but steady increase in the physician’s cannabis use since May 2015 for the next several years. 11 months.

His drug use then declined from April to November 2016, and his urine results in March and May 2017 showed a short period of use, likely representing single episodes of drug use.

And as of March 2017, evidence of cannabis was still found in his urine samples. He told the council that he had failed the drug test because “he had been helping his terminally ill father, which had caused him significant anxiety.”

In November 2017, the doctor was provisionally suspended from medical practice by the Medical Council.

The doctor also created a false patient profile, with the name “Día de Martín”, which
he used to submit his own urine samples for drug testing to subvert the requirements of conditions in his scope of practice.

He then prescribed medication to his patient’s brother, whom he had not medically evaluated, amounting to negligence and malpractice and would likely discredit the medical profession, the court concluded.

Dew criticized the doctor’s attitude, as he seemed to believe he was in a better position to assess his own risk and the needs of his patients than the Medical Council, which has the legal responsibility to make those decisions.

“A physician who is working on his own addiction is not in the best position to make decisions about the risks they may pose to the public,” Dew wrote.

The doctor was censured for his professional misconduct and suspended for two more months. A final warning was issued.

“While there is no evidence of any clinical impact as a result of the
addiction, the court considers that his dependence on cannabis must inevitably lead to
risks, “Dew wrote.

“The court understands that it will require a significant effort on the part of the professional to achieve the conditions established by the court.

“The doctor should have no doubt that this is a very important last chance for him. If he cannot achieve abstinence and appears in court again, it may have a permanent impact on his career in the medical profession.”

The physician was also ordered to pay costs of $ 19,054 to the Committee on Professional Conduct and $ 12,474 to the court.