Pharmacy Board of Australia v Kinsey

In this matter, the Pharmacy Board of Australia sought disciplinary action against Ian Kinsey, a pharmacist from Blackall, due to his failure to comply with the regulations regarding the dispensing of pseudoephedrine (PSE). The Board argued that Mr. Kinsey's conduct amounted to professional misconduct, while he contended that it was only unprofessional conduct. The Queensland Civil and Administrative Tribunal (QCAT) was tasked with determining whether the conduct was professional misconduct or unprofessional conduct, and to decide on the appropriate sanction.

The Tribunal found that while Mr. Kinsey's conduct was indeed unprofessional, it did not rise to the level of professional misconduct. The Board had argued that Mr. Kinsey's failure to keep proper records demonstrated a substantial departure from the standard reasonably expected of a pharmacist with equivalent training and experience, and that the multiple instances of inadequate record keeping amounted to professional misconduct. However, the Tribunal found that Mr. Kinsey did not deliberately flout the regulation, and therefore his conduct was not professional misconduct, but rather unprofessional conduct.

In terms of sanction, the Tribunal decided to reprimand Mr. Kinsey, rather than suspend his registration. This decision was influenced by the undertakings Mr. Kinsey provided to the Board, which included joining and maintaining membership of the Pharmaceutical Society of Australia and the Pharmacy Guild of Australia, participating in a mentoring program, and undertaking 50 CPE units over the next 12 months. The Tribunal also ordered that Mr. Kinsey may not apply to Queensland Health for an unrestricted endorsement for a further twelve months.

The Tribunal ordered Mr. Kinsey to pay the Board’s costs of and incidental to these proceedings, save for the costs relating to the report of Mr Brett Simmonds. The Tribunal found that although there was some miscommunication with Mr Simmonds, his report was still relevant and should form part of the Agreed Bundle of Documents.

The final orders made by the Tribunal were that Mr. Kinsey must provide signed undertakings to the Board and file a copy with the Tribunal within 10 days. Upon receipt of those undertakings, the Tribunal will issue orders as set out in the headnote to these reasons. If Mr. Kinsey does not provide the undertakings, the matter will be relisted for a further hearing on sanction.