Council News November 2021 

Council Message

Welcome to the latest edition of Council News. In this issue we include a reminder about important dates for the Council’s upcoming election.  We continue our applying the poisons legislation series of articles by covering the special requirements associated with Schedule 4 medications. And provide up to date information on the supply of ivermectin from pharmacies.

Since the last edition of Council News there have been a number of pharmacy matters finalised by the NSW Civil and Administrative Tribunal. In this issue we include a case study - HCCC v ZXY.

NSW’s Real Time Prescription Monitoring solution, SafeScript NSW is on its way.  A dedicated website has been launched to support health practitioners and consumers with up-to-date information. The website may be accessed at www.safescript.health.nsw.gov.au.

Dr Joyce Cooper 

President, Pharmacy Council of NSW

Election - Pharmacy Council of NSW

The Pharmacy Council of NSW is made up of 10 members, 5 of whom are pharmacists with a NSW principal place of practice who are elected by NSW pharmacists. Members are elected for a 3 year term.

The call for nominations for election to the Council for the three year term commencing 1 April 2022 has closed.

On 8 November 2021 the NSW Electoral Commission will post voting material to all pharmacists eligible to vote as at 26 October 2021. The postal ballot will close at 12.00 noon, Thursday 2 December 2021.

The method of voting for the election will be optional multi-preferential. At least 5 squares must be numbered 1 to 5. Additional preferences may be indicated starting with the number 6.

Any enquiries concerning the election should be directed to Paul Chesher at the NSW Electoral Commission, telephone 1300 135 736 or email at ballots@elections.nsw.gov.au

When casting your vote, it is recommended that you consider the essential attributes of a Council member. 

The primary function of the Council is public protection. The Council achieves this by managing complaints that relate to the conduct, performance and health of pharmacists in NSW and conduct and health matters involving NSW pharmacy students. The Council also has a role in the regulation of NSW pharmacies.

Members should have an understanding of their public duty and in undertaking their functions must promote confidence in the integrity of public administration. Members should act honestly and in the public interest, rather than their private interests. A high standard of integrity, impartiality, conscientiousness, accountability, transparency, fairness, care, skill, diligence and loyalty to the public interest is therefore essential. They should be proactive and make a positive contribution to discussions and decision-making and be willing to abide by the majority decision. They should possess a level of professional skill and knowledge reflective of their role as decision maker and regulator.

Applying the poisons legislation – practical tips

In this section of the newsletter we will help you apply the poisons legislation in your practice. Each newsletter will include explanations, guidance, tips and resources relating to one or more of the common areas where the Council sees that practitioners have difficulties or experience confusion.

This month’s newsletter covers the special requirements associated with Schedule 4 medications which are listed in Appendices B and D, commonly known as S4D and S4B medications.

NCAT Decision – Pharmacist ZXY

Pharmacist ZXY was found guilty of unsatisfactory professional conduct and professional misconduct by the NSW Civil and Administrative Tribunal on 6 September 2021. The practitioner’s registration was cancelled and an order made that an application for review of this decision could not be made for four years.

The practitioner came to the notice of the Pharmacy Council of NSW (the Council) in late 2019 when a complaint was made that a quantity of morphine sulfate ampoules had been found in the practitioner’s personal workplace locker. An immediate action hearing was held under Section 150 of the Health Practitioner Regulation National Law (NSW), and the practitioner’s registration was suspended.

Supply of ivermectin from pharmacies

In response to recent notifications received in relation to the compounding of ivermectin for the prevention/treatment of COVID-19, the Council reminds any pharmacist involved in compounding activities of their professional obligations in respect to conducting a full risk assessment to ensure patient safety. Ivermectin is not approved for use in COVID-19. Any compounding activities should be conducted in accordance with the Pharmacy Board of Australia Guidelines on compounding of medicines.

Among other obligations, these guidelines require pharmacists to ensure that there is a strong clinical evidence base for a treatment, that an appropriate commercial product is either unavailable or unsuitable for a patient and that there is good clinical and pharmaceutical evidence to support the quality, stability (including appropriate expiry periods), safety, efficacy and rationality of any extemporaneous formulation. Given that there is strong explicit advice that the use of ivermectin for COVID 19 treatment, other than in a clinical trial, is inappropriate, such compounding of products or even dispensing  commercially available ivermectin would be difficult to justify.

We answer your questions on CPD and the October quiz.

We republish our article about Continuing Professional Development which was included in our October 2020 edition of Council News. To review the article again read on.

What is the point of Continuing Professional Development?

CPD is a requirement of continued registration, and it is legally required under the National Law. The requirement is there for a reason, however, and this article briefly explains the why, the what and the how. To get more out of your CPD (and to access some CPD itself).

Recent NSW Tribunal decisions and Useful links

Recent NSW Tribunal decisions:

Health Care Complaints Commission v Ian Saville Abrams

The Tribunal made findings of unsatisfactory professional conduct and professional misconduct, cancelled Mr Abrams’s registration and imposed a non-review period of 4 years. The Tribunal also prohibited Mr Abrams from working in any health service and from compounding any scheduled or unscheduled medications.  Read the HCCC media release.

Health Care Complaints Commission v ZXY

The Tribunal made findings of unsatisfactory professional conduct, professional misconduct and impairment, cancelled the practitioners’ registration and ordered that she cannot make an application to return to the register for at least 4 years. The Tribunal made a prohibition order prohibiting publication of the practitioner’s name.

Health Care Complaints Commission v Tony Saab

In the Stage 1 decision, the Tribunal made findings of unsatisfactory professional conduct and professional misconduct.

In this Stage 2 decision, the Tribunal found that there were no conditions that could be imposed on Mr Saab’s registration, or suspension, to address the protection of the health and safety of the public due to his limited insight and remorse and seriousness of the misconduct.

The Tribunal cancelled Mr Saab’s registration, imposed a 5 year non review period and made an order prohibiting him from providing any pharmaceutical services, including as a pharmacy assistant, dispensary assistant and/or compounding assistant, until he regains registration as a pharmacist.

Health Care Complaints Commission v Samer Ashour

The Tribunal made a finding of professional misconduct. The Tribunal suspended Mr Ashour for a period of six months and imposed conditions on his registration thereafter.

Health Care Complaints Commission v Nabil Tamer

The HCCC filed an application for disciplinary findings and orders regarding Mr Tamer’s compounding, dispensing and record keeping practices.

The Tribunal found Mr Tamer guilty of unsatisfactory professional conduct and professional misconduct. Mr Tamer was reprimanded and several conditions were imposed on his registration.

Useful links:

Joint statement on Covid: A joint statement from Ahpra and the National Boards, the Health Care Complaints Commission, the Office of the Health Ombudsman and the Therapeutic Goods Administration provides information about COVID-19 and vaccines.  View it on the Ahpra website.

Launch of SafeScript website: Preparations are continuing on implementation of NSW’s Real Time Prescription Monitoring solution, SafeScript NSW. A dedicated website has been launched to  support health practitioners and consumers with up-to-date information about SafeScript NSW.

If you would like to provide feedback or make a complaint about our administrative and business processes, you can do this using our online form or by emailing us at mail@hpca.nsw.gov.au