ChargeA Professional Conduct Committee (PCC) charged that Dr Johannes Ignatius Viljoen Wilson (the Doctor) was guilty of professional misconduct. The particulars of the charge alleged that the Doctor: Between August and October 2007, imported the non-consented medicine Jintropin, without being in possession of details of the specifications for testing the quality of that medicine or a certificate of the results of testing in respect of every batch of that medicine distributed in New Zealand, in contravention of section 42 of the Medicines Act 1981. Between June 2006 and October 2007, at Auckland, prescribed large quantities of Xanax, a Class C controlled drug, to two patients in circumstances which departed significantly from the usual prescribing practice of general practitioners. On or about 8 March 2001, at Auckland, prescribed the medicine Triject to a male Medsafe employee without beforehand completing a professional consultation with him. On or about 8 March 2001, at Auckland, prescribed the medicine Xenical to a female Medsafe employee without beforehand completing a professional consultation with her. Between 14 May 2003 and 4 July 2007, at Auckland, obtained large quantities of the non-consented medicine "MPO" (comprising 60mg ephedrine and 30mg caffeine) from Pharmaceutical Compounding NZ Ltd (PCNZ), and supplied this non-consented medicine to patients in a manner which posed a danger to the health and safety of the public. Between July 2006 and July 2007, at Auckland, prescribed non-consented Human Growth Hormone products and non-consented testosterone products to Patient X in a manner which posed a risk to her health and safety. Between 26 October 2007 and 10 December 2007, obtained large quantities of Sudomyl (a medicine containing the Class C controlled drug pseudoephedrine); and thereafter supplied Sudomyl to individuals who were not patients, and falsified patient records to indicate Sudomyl had been supplied to patients who in fact never received Sudomyl. Between 2003 and 2007, exploited patients by charging an excessive margin for the non-consented medicine "MPO." FindingThe Tribunal found the Doctor guilty of professional misconduct.The Tribunal found all Particulars of the charge established.Considered separately, the Tribunal was satisfied that Particulars 1, 2, 5, 6 and 7 would warrant discipline, having regard to the inherent seriousness of the allegation contained in each of those established Particulars.Considered cumulatively, the Tribunal found that the eight established Particulars amounted to negligence, malpractice and the bringing of the medical profession into disrepute. The Tribunal found the Particulars amounted to a very serious situation involving multiple significant breaches.The Doctor did not attend the hearing and his whereabouts was unknown. Consequently, immediately following the hearing, the Tribunal issued a Minute recording the conclusion it had reached and arranged for it to be served via the means identified in the District Court order of substituted service.BackgroundThe Doctor graduated from the University of Pretoria in 1984. At all material times the Doctor practised in Auckland (including at a small gym offering medical advice, and later at a medical practice that he owned and operated).Between 1999 and 2008, the Doctor regularly came to the attention of the Ministry of Health, the Police drugs squad, and the Medical Council of New Zealand. There was a range of concerns relating to the prescribing of drugs of abuse, and the importing and prescribing of steroids and other medicines connected with sports and image enhancement.In February 2001, Medsafe received information that patients were obtaining prescription medicines from a men's health clinic, without having had a prior consultation with a medical practitioner.In March 2001, two Medsafe employees obtained medications from the clinic without any prior consultation with the Doctor.In April 2001, the Doctor began obtaining compounded medicines from PCNZ; in September 2001 PCNZ began compounding ephedrine-based products for the Doctor; and in May 2003 at his request began compounding "MPO."On 28 August 2003, the Ministry of Health visited the Doctor and informed him that he should be obtaining informed consent from patients when supplying them with imported medicines.From May 2004, the Doctor began placing practitioner supply orders (PSOs) with a pharmacy in Newmarket for prescription medicine.In October 2005, PCNZ, having discussed with Medsafe, required the Doctor to provide patient names when ordering MPO. From this point in time the Doctor complied with this request.In May 2006, the Doctor began obtaining Xanax tablets from the Aviemore Pharmacy using PSOs. Between June 2006 and October 2007, the Doctor received 6,720 Xanax tablets from the Aviemore Pharmacy.On 5 September 2006, following a meeting with Medsafe representatives, Medsafe wrote to the Doctor making it clear what the law and obligations were governing the use of unregistered medicines. In particular, the obligations under Section 42 of the Medicines Act 1981 were explained. The letter also stated clearly that informed consent needed to be obtained in respect of such unregistered medicines from patients.In June 2007, a Medsafe Investigation and Enforcement Team commenced investigating the Doctor's activities.On 9 July 2007, PCNZ stopped compounding MPO for the Doctor as it could no longer source ephedrine. The Doctor had obtained 1,110,400 MPO capsules from 14 May 2003 to 9 July 2007.On 7 September and 11 October 2007, Customs intercepted parcels of medicines addressed to the Doctor from a UK supplier. These were subsequently found to contain a number of new medicines, including Jintropin.On 26 October 2007, the Doctor began ordering large quantities of Sudomyl from the Newmarket Pharmacy via PSO.On 31 October 2007, Medsafe delivered a letter to the Doctor requesting testing information for the unregistered overseas medicines that he had recently imported. The Doctor admitted that he did not have testing data. The Doctor was then advised that Medsafe had seized the medicines.On 10 December 2007, the pharmacist supplying Sudomyl to the Doctor ceased, following a discussion he had with Medsafe. The Doctor had obtained 39,000 Sudomyl tablets from 26 October 2007 to 10 December 2007.In January 2008, the Doctor was prescribing large amounts of Xanax and Sudomyl to individuals who were not registered with the practice.On 17 January 2008, Medsafe concluded their investigation into the Doctor's conduct and lodged a formal complaint with the MCNZ. The Doctor continued to practice until June 2008, when another complaint was lodged with the MCNZ. Subsequently, the MCNZ suspended the Doctor's APC.Reason for FindingThe Tribunal held that the Doctor displayed a gross reckless handling of pharmaceuticals, (which included importation, supply and prescription) due to the following reasons: the behaviour was sustained (involving a period of at least seven years); there were multiple and serious examples of mishandling and mis-prescription; there was persuasive evidence that the Doctor created risk to both patients to whom he prescribed and to the public more generally. The Tribunal also arrived at the finding of professional misconduct due to the following factors: the enormous volume of prescriptions for drugs that were capable of being diverted for illicit purposes (Xanax, MPO, and Sudomyl), whether by the Doctor himself or by patients to whom the products were supplied; the wide range of misconduct, which in its scale and breadth gives rise to grave concerns; the obviously deliberate nature of some of the misconduct (e.g. importing of unconsented pharmaceuticals in non-compliance with Section 42 of the Medicines Act, even when warned that compliance with legislation was required); and the haphazard and disorganised way in which Dr Wilson appeared to operate, which took deliberate and cynical advantage of patients. PenaltyThe authorities required the Tribunal to consider whether any penalty short of cancellation could responsibly be considered. The Tribunal in doing this concluded that for the above reasons, no outcome other than outright cancellation could be considered. Therefore, the Doctor's registration was cancelled.The Tribunal fined the Doctor $20,000 to illustrate that such conduct should be denounced in the strongest possible terms.The tribunal ordered costs at the level of 50%. Accordingly, the Tribunal ordered that the Doctor pay: $55,000 in respect of the costs and expenses of the PCC; and $11,000 in respect of the costs and expenses of the Tribunal. The full decisions relating to the case can be found on the Tribunal website atwww.hpdt.org.nzReference No: Med10\/145P.

ChargeA Professional Conduct Committee (PCC) charged that Dr Johannes Ignatius Viljoen Wilson (the Doctor) was guilty of professional misconduct. The particulars of the charge alleged that the Doctor: Between August and October 2007, imported the non-consented medicine Jintropin, without being in possession of details of the specifications for testing the quality of that medicine or a certificate of the results of testing in respect of every batch of that medicine distributed in New Zealand, in contravention of section 42 of the Medicines Act 1981. Between June 2006 and October 2007, at Auckland, prescribed large quantities of Xanax, a Class C controlled drug, to two patients in circumstances which departed significantly from the usual prescribing practice of general practitioners. On or about 8 March 2001, at Auckland, prescribed the medicine Triject to a male Medsafe employee without beforehand completing a professional consultation with him. On or about 8 March 2001, at Auckland, prescribed the medicine Xenical to a female Medsafe employee without beforehand completing a professional consultation with her. Between 14 May 2003 and 4 July 2007, at Auckland, obtained large quantities of the non-consented medicine "MPO" (comprising 60mg ephedrine and 30mg caffeine) from Pharmaceutical Compounding NZ Ltd (PCNZ), and supplied this non-consented medicine to patients in a manner which posed a danger to the health and safety of the public. Between July 2006 and July 2007, at Auckland, prescribed non-consented Human Growth Hormone products and non-consented testosterone products to Patient X in a manner which posed a risk to her health and safety. Between 26 October 2007 and 10 December 2007, obtained large quantities of Sudomyl (a medicine containing the Class C controlled drug pseudoephedrine); and thereafter supplied Sudomyl to individuals who were not patients, and falsified patient records to indicate Sudomyl had been supplied to patients who in fact never received Sudomyl. Between 2003 and 2007, exploited patients by charging an excessive margin for the non-consented medicine "MPO." FindingThe Tribunal found the Doctor guilty of professional misconduct.The Tribunal found all Particulars of the charge established.Considered separately, the Tribunal was satisfied that Particulars 1, 2, 5, 6 and 7 would warrant discipline, having regard to the inherent seriousness of the allegation contained in each of those established Particulars.Considered cumulatively, the Tribunal found that the eight established Particulars amounted to negligence, malpractice and the bringing of the medical profession into disrepute. The Tribunal found the Particulars amounted to a very serious situation involving multiple significant breaches.The Doctor did not attend the hearing and his whereabouts was unknown. Consequently, immediately following the hearing, the Tribunal issued a Minute recording the conclusion it had reached and arranged for it to be served via the means identified in the District Court order of substituted service.BackgroundThe Doctor graduated from the University of Pretoria in 1984. At all material times the Doctor practised in Auckland (including at a small gym offering medical advice, and later at a medical practice that he owned and operated).Between 1999 and 2008, the Doctor regularly came to the attention of the Ministry of Health, the Police drugs squad, and the Medical Council of New Zealand. There was a range of concerns relating to the prescribing of drugs of abuse, and the importing and prescribing of steroids and other medicines connected with sports and image enhancement.In February 2001, Medsafe received information that patients were obtaining prescription medicines from a men's health clinic, without having had a prior consultation with a medical practitioner.In March 2001, two Medsafe employees obtained medications from the clinic without any prior consultation with the Doctor.In April 2001, the Doctor began obtaining compounded medicines from PCNZ; in September 2001 PCNZ began compounding ephedrine-based products for the Doctor; and in May 2003 at his request began compounding "MPO."On 28 August 2003, the Ministry of Health visited the Doctor and informed him that he should be obtaining informed consent from patients when supplying them with imported medicines.From May 2004, the Doctor began placing practitioner supply orders (PSOs) with a pharmacy in Newmarket for prescription medicine.In October 2005, PCNZ, having discussed with Medsafe, required the Doctor to provide patient names when ordering MPO. From this point in time the Doctor complied with this request.In May 2006, the Doctor began obtaining Xanax tablets from the Aviemore Pharmacy using PSOs. Between June 2006 and October 2007, the Doctor received 6,720 Xanax tablets from the Aviemore Pharmacy.On 5 September 2006, following a meeting with Medsafe representatives, Medsafe wrote to the Doctor making it clear what the law and obligations were governing the use of unregistered medicines. In particular, the obligations under Section 42 of the Medicines Act 1981 were explained. The letter also stated clearly that informed consent needed to be obtained in respect of such unregistered medicines from patients.In June 2007, a Medsafe Investigation and Enforcement Team commenced investigating the Doctor's activities.On 9 July 2007, PCNZ stopped compounding MPO for the Doctor as it could no longer source ephedrine. The Doctor had obtained 1,110,400 MPO capsules from 14 May 2003 to 9 July 2007.On 7 September and 11 October 2007, Customs intercepted parcels of medicines addressed to the Doctor from a UK supplier. These were subsequently found to contain a number of new medicines, including Jintropin.On 26 October 2007, the Doctor began ordering large quantities of Sudomyl from the Newmarket Pharmacy via PSO.On 31 October 2007, Medsafe delivered a letter to the Doctor requesting testing information for the unregistered overseas medicines that he had recently imported. The Doctor admitted that he did not have testing data. The Doctor was then advised that Medsafe had seized the medicines.On 10 December 2007, the pharmacist supplying Sudomyl to the Doctor ceased, following a discussion he had with Medsafe. The Doctor had obtained 39,000 Sudomyl tablets from 26 October 2007 to 10 December 2007.In January 2008, the Doctor was prescribing large amounts of Xanax and Sudomyl to individuals who were not registered with the practice.On 17 January 2008, Medsafe concluded their investigation into the Doctor's conduct and lodged a formal complaint with the MCNZ. The Doctor continued to practice until June 2008, when another complaint was lodged with the MCNZ. Subsequently, the MCNZ suspended the Doctor's APC.Reason for FindingThe Tribunal held that the Doctor displayed a gross reckless handling of pharmaceuticals, (which included importation, supply and prescription) due to the following reasons: the behaviour was sustained (involving a period of at least seven years); there were multiple and serious examples of mishandling and mis-prescription; there was persuasive evidence that the Doctor created risk to both patients to whom he prescribed and to the public more generally. The Tribunal also arrived at the finding of professional misconduct due to the following factors: the enormous volume of prescriptions for drugs that were capable of being diverted for illicit purposes (Xanax, MPO, and Sudomyl), whether by the Doctor himself or by patients to whom the products were supplied; the wide range of misconduct, which in its scale and breadth gives rise to grave concerns; the obviously deliberate nature of some of the misconduct (e.g. importing of unconsented pharmaceuticals in non-compliance with Section 42 of the Medicines Act, even when warned that compliance with legislation was required); and the haphazard and disorganised way in which Dr Wilson appeared to operate, which took deliberate and cynical advantage of patients. PenaltyThe authorities required the Tribunal to consider whether any penalty short of cancellation could responsibly be considered. The Tribunal in doing this concluded that for the above reasons, no outcome other than outright cancellation could be considered. Therefore, the Doctor's registration was cancelled.The Tribunal fined the Doctor $20,000 to illustrate that such conduct should be denounced in the strongest possible terms.The tribunal ordered costs at the level of 50%. Accordingly, the Tribunal ordered that the Doctor pay: $55,000 in respect of the costs and expenses of the PCC; and $11,000 in respect of the costs and expenses of the Tribunal. The full decisions relating to the case can be found on the Tribunal website atwww.hpdt.org.nzReference No: Med10\/145P.