A Tasmanian doctor fraudulently wrote prescriptions for a patient without their knowledge or consent over two years to obtain 560 erectile dysfunction tablets for his use.
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A recently published decision by the Tasmanian Civil and Administrative Tribunal found retired doctor Ian Payne engaged in one count of professional misconduct for fraudulently writing the prescriptions between March 2019 and December 21 and another count of professional misconduct for misleading the clinic's operations manager.
The tribunal noted in its report that Dr Payne admitted each of the allegations made by the Medical Board of Australia.
He is no longer registered, but had held registration as a medical practitioner from 1966 to 2022.
The tribunal noted the board had acknowledged that his conduct in question had taken place in the context of extended grief, caused by the death of his long-term partner in 2019.
It was noted that between 2019 and 2021, Dr Payne prescribed for his own use:
- 144 20mg Tadalafil tablets, used to treat erectile dysfunction;
- 11 5mg Cialis tablets, used to treat erectile dysfunction;
- 40 20mg Cialis tablets, used to treat erectile dysfunction;
- 264 100mg Viagra tablets, used to treat erectile dysfunction;
- 500 Propranolol beta blockers;
- and 150 diazepam tablets.
Dr Payne did not record clinical notes to support the prescribing of any of the prescriptions.
"By misrepresenting the patient's clinical needs in his patient records, Dr Payne risked the continuity and quality of care that would be provided to the patient after Dr Paynes retirement," the tribunal found.
The fraudulent activity was uncovered by a locum doctor in January 2022 at the clinic where Dr Payne had worked, who was treating Dr Payne's patient.
It was discovered the patient was not aware of the medications subscribed to him, and that he had never requested and never received them.
When Dr Payne was subsequently asked to identify himself with his Medicare card at the pharmacy at his next attendance, at the request of the clinic's director of clinical services, he refused and left without the medications.
In February 2022, the clinic's operations manager met Dr Payne to discuss his conduct.
Dr Payne told the manager that he was acting as an agent for the patient, and providing prescriptions to assist him due to his complex illnesses.
When the manager advised Dr Payne that the patient disputed this, he said that this was because patient was very unwell.
"This was not true," the tribunal found.
The tribunal ordered Dr Payne be disqualified from applying to be a registered health practitioner for two years from the date of the decision.