Mr Nicholas Fearon – registration cancelled for professional misconduct

21 Mar 2018

The Health Care Complaints Commission prosecuted a complaint against Mr Nicholas Fearon, a pharmacist, before the NSW Civil and Administrative Tribunal (‘the Tribunal’). The complaint alleged that Mr Fearon was guilty of unsatisfactory professional conduct, professional misconduct, had been convicted of a criminal offence in NSW and was not a suitable person to hold registration as a pharmacist.

The complaint related to Mr Fearon’s conduct while he was working as a pharmacist at a chemist in Queanbeyan and Karabar in 2013 and 2014. Mr Fearon was convicted of supplying a restricted substance by a non-wholesaler under the Poisons & Therapeutic Goods Act 1966 (NSW). His conviction was in relation to the supply of a number of restricted substances, mostly anabolic steroids, without valid prescriptions.

Decision

On 2 March 2018, the Tribunal found Mr Fearon guilty of professional misconduct and found him to not be a suitable person to hold registration as a pharmacist. The Tribunal found that “in the absence of a cogent reason, a pharmacist who in breach of the PTGR knowingly supplies prescribed medication, in particular, restricted substances and drugs of addition, without a prescription or repeat authorisation, is unfit to hold registration as a pharmacist”.

In its protective orders, the Tribunal cancelled Mr Fearon’s registration and ordered that he not be able to apply for review of that decision for 12 months.

 

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.