Victorian pharmacist reprimanded for professional misconduct and ordered to undertake mentoring

23 Sep 2016

A Victorian pharmacist has been reprimanded and ordered to undertake mentoring after admitting to professional misconduct.

Mr Kameel Anton admitted supplying Schedule 4 poisons (testosterone) to himself for his own personal use without a prescription; supplying testosterone to a customer despite being aware that excessive amounts had been prescribed; not appropriately notifying the Department of Health (the Department); supplying multiple repeats of testosterone without appropriate authorisation; and failing to maintain adequate records.

The irregularities in his supply of Schedule 4 drugs were found during a routine inspection by the Department. The Department notified AHPRA who commenced an investigation into the matter on 18 September 2012. The investigation was put on hold when Mr Anton was charged with breaches of the Drugs, Poisons, and Controlled Substances Act 1981 (Vic). He pled guilty to six rolled up charges in the Magistrates’ Court on 4 April 2013. He was fined $2,000 without conviction on five of the charges and convicted and fined $4,000 in relation to the sixth charge. The conviction was subsequently overturned in the County Court upon appeal.

Following the conclusion of the criminal process, the Pharmacy Board of Australia filed disciplinary proceedings in the Victorian Civil and Administrative Tribunal alleging professional misconduct. Mr Anton admitted same and was reprimanded and ordered to undertake a minimum of six sessions of mentoring with a registered pharmacist. At the conclusion of the mentoring, Mr Anton is to provide a written report demonstrating to the satisfaction of the Board that he has reflected on the issues that gave rise to the condition and how he has incorporated the lessons learnt in the mentoring.

The tribunal noted that Mr Anton co-operated with AHPRA, admitted his conduct at a relatively early stage, no other issues have arisen in relation to his conduct before, or since, and that in all the circumstances it is not necessary to interfere with Mr Anton’s right to practise pharmacy.

The reasons for the tribunal’s decisions are published on the AustLII website.