Pharmacy Board of Australia v Smith

Pharmacy Board of Australia v Smith involved a pharmacist who dispensed anabolic steroids in quantities, combinations and frequency that exceeded normal dispensing practices. The dispute was heard by the Tribunal, which had to determine the appropriate disciplinary action to be taken against the pharmacist. The legal issues included whether the pharmacist's conduct constituted professional misconduct and, if so, the appropriate penalty to be imposed.

The Tribunal found that the pharmacist's conduct constituted professional misconduct, as it involved the unauthorised and excessive dispensing of anabolic steroids. The Tribunal noted that the pharmacist had received no personal benefit from the conduct and had cooperated with the investigation. The parties agreed on the orders that should be made, and the Tribunal imposed a suspension of the pharmacist's registration for six months, with all but one month suspended. The Tribunal also imposed a number of conditions on the pharmacist's registration, including completing a tertiary module in ethical decision-making, undergoing mentoring, and paying the Board's costs.

The Tribunal made orders for the suspension of the pharmacist's registration, the imposition of conditions on the registration, and the payment of costs. The suspension ordered is wholly suspended, provided that Mr Smith must not be the subject of disciplinary action by the Tribunal for 12 months from the date of this order. The details of Mr Smith’s suspension must be recorded on the Board’s Register for twelve months from the date of this order. The conditions imposed on Mr Smith’s registration include completing a tertiary module in ethical decision making, nominating a course for the approval of the Board, submitting documentary evidence to the Board upon completion of the course, undergoing mentoring of not less than 2 hours per month for 6 months, nominating a senior pharmacist as a mentor for the approval of the Board, and the mentor must provide a report in writing to the Board at the end of each quarter and upon completion of the period of mentoring. Mr Smith must bear any costs associated with the provision of mentoring, including the provision of reports to the Board. Mr Smith must complete an oral legislative assessment nominated by the Board after 12 months from the date of this Order. The details of the conditions imposed on the Mr Smith’s registration must be recorded on the Board’s register for the period in which the conditions are in force. Mr Smith may not apply to the Chief Executive, Queensland Health, under the Health (Drugs and Poisons) Regulation 1996 for reinstatement of his endorsement under section 171 of the Regulation for Testosterone, Nandrolone and Somatropin for 12 months from the date of the decision. Mr Smith must pay the Board’s costs of and incidental to these proceedings in the sum as agreed or assessed on the standard basis against the District Court Scale.