Mr Adam Kennedy – Professional misconduct

24 May 2017

The Commission prosecuted a complaint before the NSW Civil and Administrative Tribunal (“the Tribunal”) against Mr Adam Kennedy, a pharmacist at Kingswood Compounding Pharmacy (‘the pharmacy”).

The complaint broadly alleged that Mr Kennedy, who at the time of the conduct was the Pharmacist in Charge at the pharmacy:

  • breached numerous legislative regulations over approximately a three year period between 2011 and 2014 relating to storage, labelling, and record-keeping of pharmaceutical goods;
  • inappropriately held at the pharmacy  prohibited substances including Diamond Stanozolol and Diamond Dianabol;
  • inappropriately ordered stanozolol where there was no reasonable likelihood of it being dispensed, it is rarely prescribed, and it is abused by body builders; 
  • inappropriately compounded clenbuterol in circumstances where clenbuterol is not registered for human use by the Therapeutic Goods Administration , no prescription had been received by the pharmacy at the time of the compounding and the clenbuterol had  shelf life of 6 months;
  • breached a condition his registration was subject to.

Mr Kennedy made a large number of admissions.  A majority of the complaint was made out but the breach of condition complaint was not.  The Tribunal found that Mr Kennedy was guilty of professional misconduct as he had committed multiple breaches over a long period and his conduct constituted serious neglect of his responsibilities as a pharmacist.

Decision

The Tribunal reprimanded Mr Kennedy and imposed a number of practice conditions on his registration which broadly included mentoring, regular audits and that he not be permitted to work as Pharmacist in Charge or be the proprietor of any pharmacy. 


Further Information

The full decision is available at NSW Caselaw

For further information, contact the Executive Officer of 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.