Health Ombudsman v Alinia

The applicant, the Health Ombudsman, brought proceedings against the respondent, a registered medical practitioner, to establish that he had engaged in professional misconduct. The applicant claimed that the respondent prescribed controlled drugs, restricted drugs, and restricted drugs of dependency to a vulnerable patient, BN, over a period of approximately four and a half years, without keeping proper records. BN had a history of mental health problems and died as a consequence of alcohol and drug toxicity. The Tribunal found that the respondent's conduct amounted to professional misconduct. It was of the opinion that the proposed sanction of a reprimand and a fine, together with conditions on the respondent's registration, was appropriate. The Tribunal was satisfied that the respondent now appreciated the seriousness of his conduct and had taken steps to address the deficiencies in his record keeping and prescribing practices. It concluded that the proposed sanction would adequately protect the public and was not punitive. The Tribunal therefore ordered that the respondent be reprimanded, pay a fine, and conditions be imposed on his registration requiring quarterly audits and compliance with prescribing and record keeping requirements.