Dr Carlos Ochoa – Medical Practitioner – Professional misconduct and unsatisfactory professional conduct

28 March 2022

The Health Care Complaints Commission prosecuted a complaint against medical practitioner, Dr Carlos Ochoa, before the NSW Civil and Administrative Tribunal (‘the Tribunal’). It was alleged that, between 2015 and 2018, Dr Ochoa inappropriately prescribed Schedule 4, 4D and 8 medications variously to seven patients, Patients A to G and in relation to a number of these patients failed to :

  • Hold the appropriate authority to prescribe Schedule 8 drugs.
  • Properly assess  them before prescribing schedule 4 and 8 drugs.
  • Failed to discuss serious side-effects and risks with a number of the patients.
  • Failed to make appropriate referrals for pain management and psychiatric assessment as required for some of these patients.
  • Failed to recognise and address each patient’s drug-seeking behaviour.
  • Breached record keeping requirements under the National Law regulations.

On 8 March 2022, the Tribunal found the above complaints proven and that Dr Ochoa was guilty of unsatisfactory professional conduct in relation to all complaints and professional misconduct with respect to prescribing drugs to Patients A to G.

The Tribunal reprimanded Dr Ochoa and imposed a number of conditions on his practise, including not to prescribe any Schedule 4D or 8 drugs.

The full decision can be found here: 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.


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