General practitioner reprimanded and fined over self-prescribing and prescription forgery
Monday, 18 December 2023
Key messages from the case
Doctors are expected to not self-prescribe and seek independent objective medical advice when necessary – particularly if they know or suspect they have a health condition that could affect their judgement or performance.
Self-prescribing, particularly where it also involves prescription forgery, has the potential to put others at risk, as well as having significant personal and professional consequences, as this New Zealand case illustrates.
Details of the decision
Dr A, a general practitioner, was receiving treatment from her GP, who prescribed anti-anxiety and anti-depressant medication.
She was reported to the Medical Council of New Zealand by her employer and a pharmacist for self-prescribing and prescription fraud. It emerged that over a period of six years she had been self-prescribing medications including restricted medications. She had also presented Medical Practitioner Supply Orders for her own use and written prescriptions for drugs of addiction and psychotropic medications in the names of two family members, with the intention of consuming the medications herself.
The tribunal considered Dr A had put herself and others at risk personally and professionally in that:
- using family members’ names meant their medication records were inaccurate and they were at risk of medication error or inappropriate treatment
- her GP was unaware of the medications she was taking and may have provided inappropriate treatment.
Dr A had admitted wrongdoing and had shown insight and remorse. After being reported she had undertaken rehabilitation and was found not to currently pose a risk to the public.
Outcome
The tribunal considered a deterrent penalty was required. Dr A was reprimanded, fined, and had supervision and prescribing conditions imposed on her registration.
Key lessons
Never self-prescribing and seek independent medical care.
Doctors who self-prescribe lack objectivity, and self-prescribing is not appropriate treatment. The Medical Board’s Code of Conduct states that good medical practice involves not self-prescribing1 .
Self-prescribing or self-administering schedule 4 and schedule 8 medication is illegal in some Australian states.
Under Australian law it is an offence to forge a prescription, fraudulently alter a prescription, or present a known forged or altered prescription to obtain a drug.
References and further reading
1 Medical Board of Australia, Good Medical Practice: A code of conduct for doctors in Australia, 11.2.5 page 24; October 2020
Medical Council of New South Wales – Health, performance, conduct pathways
Medical Council of New South Wales – Guideline for self-treating and treating family members
Avant factsheet – Treating family members, friends or staff
Avant wellbeing resources – Early detection of substance abuse
Avant wellbeing resources – Substance abuse and the medical profession
More information
For medico-legal advice, please contact us here, or call 1800 128 268, 24/7 in emergencies.
Disclaimers
The case discussed in this publication is based on a real case. Certain information has been de-identified to preserve privacy and confidentiality. The information in this article does not constitute legal advice or other professional advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of its content.
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