Updated media release - Mr Jonathan Fryar – Re-registration application dismissed

29 October 2015

The Health Care Complaints Commission prosecuted Mr Jonathan Fryar, a pharmacist, before the Pharmacy Tribunal of NSW.  The prosecution related to complaints about Mr Fryar’s conduct at the Hunter Connect Pharmacy in Pitt Street, Sydney which he owned.

The Commission alleged that between July 2005 and December 2006, Mr Fryar inappropriately dispensed prescribed restricted substances to patients, including anabolic steroids and benzodiazepines.  It further alleged that between March 2010 and September 2010, Mr Fryar inappropriately dispensed restricted substances directly to Mr Samuel Cohen, operator of the Institute of Hair Regrowth and Beauty (IHRB).  The Commission issued a public statement about Mr Cohen after a related investigation.

In relation to Mr Fryar, the Commission alleged that he: 

  • was essentially supplying large quantities of restricted substances to Mr Cohen by wholesale (without a wholesaler’s licence)

  • was adding an “unknown substance” provided to him by Mr Cohen to compounded pharmaceutical preparations, which were then on-supplied by Mr Cohen to IHRB clients.

Mr Fryar admitted to most of the allegations. He stated that he was misguided and at worst negligent in his conduct; however, he denied that his conduct was deliberate.

Decision

On 10 April 2013, the Tribunal found Mr Fryar guilty of both unsatisfactory professional conduct and professional misconduct. It rejected his claim that he was misguided or merely negligent in his conduct, finding his breaches of the relevant standards to be deliberate.

The Tribunal cancelled Mr Fryer’s registration, effective as at 10 May 2013, and ordered that he cannot apply for re-registration for a minimum period of 18 months thereafter.

Application for re-registration

Mr Fryar sought a review of the order made by the Pharmacy Tribunal cancelling his registration as a pharmacist.  Mr Fryar sought a re-instatement order so that he could again seek to be registered as a pharmacist.

Mr Fryar’s application was heard by the NSW Civil and Administrative Tribunal (NCAT) on 4 and 5 June 2015.  Mr Fryar appeared self-represented and gave sworn evidence before NCAT.

On 26 October 2015, NCAT published its decision.  NCAT dismissed Mr Fryar’s application.

NCAT stated that it found Mr Fryar to be, at times, an unreliable witness.  NCAT found that Mr Fryar failed to show contrition for his prior misconduct and that he did not demonstrate insight into what had caused him to engage in this misconduct.  For these and other reasons, NCAT was not satisfied that Mr Fryar was a fit and proper person to be registered in the profession of pharmacy.

Further Information

The full decision is available at AUSTLII

The re-registration application decision is available as NSW Caselaw.

For further information, contact the Health Care Complaints Commission, on 9219 7444 or send an email to media@hccc.nsw.gov.au.

The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au.