On 21 December 2018, the Queensland Civil and Administrative Tribunal released findings in relation to disciplinary proceedings against an anaesthetist (Dr Euston) who was charged and convicted of supplying methyl-amphetamines and possessing dangerous drugs in breach of the Drugs Misuse Act 1986. The Tribunal was required to determine the factual disputes prior to the parties providing evidence and submissions in relation to any sanction being imposed.
On 19 October 2013, Queensland Police Service members carried out a search of Dr Euston’s home locating drugs and other items. Previously, he had denied suppling methyl-amphetamines or possessing dangerous drugs. He was later convicted on his own plea of guilty to various criminal charges relating to the unlawful supply and possession of a dangerous drug.
AHPRA placed a condition, to which Dr Euston voluntarily submitted, on Dr Euston’s registration requiring him to attend for drug testing. Results of urine and hair samples suggested the presence of methyl-amphetamine in his body but Dr Euston denied ever using methyl-amphetamines.
Dr Euston deposed that in the six months prior to the testing he had taken Selegiline, a medication that metabolises to methyl-amphetamine and has been implicated in false positive hair tests in the past. He argued the quantity of methyl-amphetamine found was also significantly below international guidelines required to indicate methyl-amphetamine use.
The Tribunal accepted Dr Euston’s evidence as to his use of Selegiline and as a result did not accept that the positive hair test result was evidence of his methyl-amphetamine use. The Tribunal therefore found that Dr Euston was a truthful witness and the concerns regarding his false evidence and statutory declaration were unfounded.
Read the full decision here.