Reprimand, conditions imposed for professional misconduct


gavel and scales of justice

A WA pharmacist has been reprimanded, ordered to pay costs and has had conditions imposed on her registration after admitting to engaging in professional misconduct.

The Pharmacy Board decided to investigate Cornelia Naude on 1 July 2014 after receiving information that revealed she dispensed a number of Schedule 4 medications without prescriptions.

The Board referred the matter to the State Administrative Tribunal of Western Australia.

During the Tribunal proceedings, Naude admitted that she engaged in professional misconduct as defined in section 5 of the National Law between 8 February 2011 and about 25 November 2013. She admitted to conduct including:

  • dispensing to herself nine Schedule 4 medicines including anti-inflammatory medication and antibiotics without a prescription;
  • dispensing 22 Schedule 4 medicines including anti-inflammatory medications, antibiotics and a steroid cream to three other members of her immediate family without a prescription;
  • on two occasions, failing to record the correct name of the patient to whom a Schedule 4 medicine was supplied in the pharmacy’s dispensing records;
  • on 21 occasions, failing to record the correct name and address, or name and identifying initials, in the pharmacy’s dispensing records of the medical practitioner who apparently prescribed the relevant Schedule 4 medicine; and
  • therefore failing to comply with the Code of Conduct for Registered Health Practitioners approved by the Board.

The Tribunal took into consideration Naude’s participation in an investigation by AHPRA in respect of her conduct.

Before formal mediation, she expressed regret for her conduct and willingness to undertake further education.

The Tribunal accepted that her conduct was not motivated by financial gain.

The Tribunal ordered that Naude be reprimanded and that conditions be imposed on her registration.

The conditions prohibit her from dispensing medications to herself and her immediate family for 12 months, and she must complete a program of education in relation to appropriate dispensing, ethical decision-making and record keeping.

The tribunal also ordered Naude to pay a contribution of $7,000 towards the Board’s cost of the proceedings.

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