Tasmanian Doctor Fined $40,000 for Prescribing Narcotic Substance Without Authority
A Hobart-based general practitioner has been fined $40,000 and ordered to pay $80.22 in court costs after being convicted of prescribing a narcotic substance without authority and issuing prescriptions for a restricted substance for an unauthorised purpose.
Clive Rohan Stack, 54, pleaded guilty to 34 charges under the Poisons Regulations 2018, including seven counts of prescribing a narcotic substance without authority and 27 charges of issuing a prescription for a restricted substance for an unauthorised purpose.
Background
In 2015, Stack developed a topical treatment for patients to manage pain, which contained controlled substances, including benzodiazepines.
The treatment was not properly registered with authorities, and Stack wrote multiple prescriptions for controlled substances labelled “for lab use” and filled at a local pharmacy between 2020 and 2021.
Another topical treatment containing ketamine, a drug with hallucinogenic properties, was also developed and administered to three patients for treatment by Stack.
The court heard that Stack ignored requirements despite being an experienced practitioner of almost 30 years, posing a real danger to the community if restricted drugs were supplied or prescribed.
Court Hearing
Defence lawyer Fabiano Cangelosi argued that Stack’s purpose was to devise a method of treating patients with severe and complex pain conditions without presenting a risk of drug dependency.
However, Magistrate Chris Webster stated that Stack’s approach was a serious breach of the regulations, and he should have known that the drugs required authority for their use.
Webster accepted that Stack might have had a noble purpose but denied the request for a conviction not to be recorded.
Stack was fined $40,000 and ordered to pay $80.22 in court costs.
Since the charges arose, Stack has not practised medicine and has been without an income.
The court heard that Stack is well regarded in the medical industry and was trying to help his patients.