A Hobart doctor has been fined $40,000 after being convicted of prescribing a narcotic substance without authority and issuing prescriptions for a restricted substance for more than two years.
Clive Rohan Stack 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.
The court heard in 2015, Stack — who was 54 years old — helped develop a topical treatment for patients to treat pain.
At the time, Stack ran the Mount Nelson Medical Centre and worked at the Calvary Lenah Valley Hospital emergency department.
Stack has been convicted of issuing prescriptions for a restricted substance. (ABC News: Maren Preuss)
“The topical treatment contained a range of medications that are considered controlled drugs … including benzodiazepines,” Letitia Fox from the Department of Public Prosecutions said.
“Between 2015 and 2021, the defendant treated hundreds of patients with varying aliments with this spray.”
The court heard during 2020 and 2021, multiple prescriptions for controlled substances were written out by Stack labelled “for lab use” and filled at a local pharmacy.
Another topical treatment — containing ketamine, which has hallucinogenic properties — was also developed and administered to three patients for treatment by Stack, the court heard.
GP’s approach a ‘serious breach’ of rules
In 2022, the Mount Nelson Medical Centre was raided by Tasmania Police after a tip-off by the Pharmaceutical Services Branch.Â
Medication, computers and medical records were all confiscated.
“Dr Stack ignored requirements despite being an experienced practitioner of almost 30 years, requirements he should have and indicated he was well aware of,” Ms Fox said.
“He engaged in a risky endeavour.
“There was a real danger to the community if restricted drugs are supplied or prescribed in that they can be misused, they can be diverted, and particularly opioid-based substances and benzodiazepines carry a risk of serious injury or death if misused or overused.”
Stack, who ran the Mount Nelson Medical Centre, is well regarded by the medical community. (ABC News: Maren Preuss)
Defence lawyer for Stack, Fabiano Cangelosi, told the court his client is well regarded in the medical industry and was trying to help his patients who were experiencing severe and complex pain conditions.
“The purpose of what Dr Stack was doing, was to devise a method of treating those people in a way that did not present risk of drug dependency,” Mr Cangelosi said.
“The patient was receiving treatment with less of the addictive substance than they otherwise would get by way of a method of administration that essentially reduced the risk of misuse of the drug to nil.
Hobart clinic faces closure after raid
“And most importantly, it was ethicatious. The program that he ran was essentially a meta-analysis of how the medication fared … and it was effective in over 80 per cent of the patients that were being treated.
“So that is what he was attempting to do.
“Dr Stack has not practised since these charges arose. He’s essentially been without an income.”
In sentencing, Magistrate Chris Webster said, “he’s obviously well regarded as a doctor”.
“I accept that he might have had a noble purpose, in that what he was trying to do was discover or find a system to help patients in a difficult area,” he said.
“However, its a serious breach of the regulations. He should have known — and did know in fact — that these were Schedule 8 drugs and required authority for the use of them in the manner to which he used them.
“His approach was somewhat lackadaisical to the dealing of serious drugs.
“He didn’t discuss with the authorities what he was doing.”
Mr Cangelosi asked for a conviction to not be recorded, but the request was denied.
Stack was fined $40,000 and ordered to pay $80.22 in court costs.