Pharmacist Board of Queensland v Mikhail

The case of Pharmacist Board of Queensland v Mikhail involved a dispute concerning the professional conduct of a pharmacist, Mr Mikhail, who had been convicted of a regulatory offence. The Pharmacist Board of Queensland initiated disciplinary proceedings against him, leading to a hearing before a tribunal. The Board sought a finding of unsatisfactory professional conduct and a reprimand, along with an approval of certain undertakings provided by Mr Mikhail. The tribunal was tasked with determining whether Mr Mikhail's conduct warranted disciplinary action and, if so, what form that action should take.

The primary legal issue before the tribunal was whether Mr Mikhail's conviction for a regulatory offence constituted unsatisfactory professional conduct under the Health Practitioner Regulation National Law (Qld). Additionally, the tribunal needed to assess whether the reprimand and approved undertakings were appropriate sanctions given the circumstances. The tribunal also had to consider the terms of the undertakings provided by Mr Mikhail and determine if they were sufficient to address the concerns raised by the Board.

In its decision, the tribunal found that Mr Mikhail's conviction did indeed constitute unsatisfactory professional conduct. The tribunal concluded that a reprimand was an appropriate response, given the nature of the offence and Mr Mikhail's voluntary undertakings. The tribunal approved the specific undertakings provided by Mr Mikhail, which included maintaining certain professional standards and reporting obligations. The tribunal ordered that the proceedings would be finalised upon Mr Mikhail filing a copy of the signed undertakings with the tribunal. Furthermore, the tribunal directed that the undertakings be recorded in the Board’s Register for the period they were in force and that Mr Mikhail pay the Board’s costs of the proceedings.

The final orders of the tribunal included a finding that Mr Mikhail had engaged in unsatisfactory professional conduct, a reprimand, approval of the specified undertakings, and directives for the finalisation of the proceedings and recording of the undertakings. Additionally, the tribunal ordered Mr Mikhail to pay the Board's costs as agreed or assessed on a standard basis.