Pharmacy Board of Australia v Ludwick

The Pharmacy Board of Australia brought disciplinary proceedings against Ms Ludwick, a pharmacist who owns and operates a pharmacy in Winton, Queensland. The proceedings arose from Ms Ludwick's failure to record the dispensing of pseudoephedrine (PSE) in her pharmacy. The Board sought a suspension of Ms Ludwick's registration for a period of four months, wholly suspended for a period of twelve months, and the imposition of a number of conditions upon her registration. Ms Ludwick submitted that a reprimand would be appropriate and that only one of the conditions proposed by the Board was warranted. The Tribunal found that the grounds for disciplinary action against Ms Ludwick were established and that Ms Ludwick had engaged in unsatisfactory professional conduct. The Tribunal found that a reprimand was an appropriate sanction and ordered a number of conditions upon her registration. Ms Ludwick was ordered to pay the costs of the Board but not the costs of further submissions on the competency of the proceedings. The Tribunal found that the proceedings should proceed under the Health Practitioners (Professional Standards) Act 1999 and not the Health Practitioner Regulation National Law (Queensland). It also found that it was appropriate to waive compliance with the procedural requirements for the referral of the matter to the Tribunal. The Tribunal found that Ms Ludwick's failure to record the dispensing of PSE was not inadvertent as she had a genuine misunderstanding of the legislative requirements but that it was nonetheless unsatisfactory professional conduct. The Tribunal found that a reprimand was an appropriate sanction and rejected the Board's submission that a suspension was warranted. It also rejected the Board's proposed condition that Ms Ludwick undertake an ethics course, finding that it was not warranted.