Simon Elias - Guilty of professional misconduct – reprimanded and conditions imposed

15 February 2019

Simon Elias - Guilty of professional misconduct – reprimanded and conditions imposed.

The Health Care Complaints Commission prosecuted a complaint against Simon Elias, a pharmacist practising in Parramatta NSW, before the NSW Civil and Administrative Tribunal (‘Tribunal’). The complaint alleged unsatisfactory professional conduct and professional misconduct in relation to Mr Elias’ inappropriate dispensing of Schedule 8 drugs of addiction and Schedule 4D benzodiazepines.  The conduct was characterised by the following features;
• personal dispensing of prescriptions found to be forgeries;
• dispensing medication where the form of the prescriptions did not comply with the Poisons and Therapeutic Goods Regulations;
• dispensing medications at shorter intervals than indicated on prescriptions;
• failing to check the authenticity of scripts with the prescribing doctors: and
• failing to properly maintain drug registers and accurate inventories of drugs of addiction.

In its decision of 8 February 2019, the Tribunal found the majority of the conduct proven and that it amounted to both unsatisfactory professional conduct and professional misconduct. The Tribunal ordered that the practitioner be reprimanded and that conditions be imposed upon his registration, including that he enter into a mentoring relationship and submit to an audit of his records and performance review. In its reasons for decision, the Tribunal noted that although the conduct was potentially serious enough to warrant suspension, Mr Elias no longer owned the relevant pharmacy and had demonstrated improved knowledge of dispensing requirements since the conduct occurred.

The full decision is available at NSW Caselaw.

Further Information

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.