The president of the High Court has suspended a dentist from practising after hearing claims he was involved in the “black market” supply of medicines to people who were not his patients.
Mr Justice David Barniville was “completely satisfied that significant issues of public safety and patient safety” arose to necessitate the interim suspension orders.
His orders, which last until the court decides to alter or remove them, were made in response to an application by the Dental Council under section 44 of the 1975 Dentists Act.
The judge stressed that the “extremely serious allegations” are at this point still just claims and the man vehemently denies any wrongdoing.
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It was not the court’s function in this application to make findings of fact, as this task will fall in time to the council’s fitness to practise committee or another court if the claims are referred on, said the judge.
The dentist, who cannot be identified due to a court order, did not substantially engage with the council’s claims. This was due primarily to maintaining that he enjoys the presumption of innocence and the privilege against self-incrimination in circumstances where the Health Products Regulatory Authority (HPRA) is separately investigating allegations of criminal conduct, said the judge.
The HPRA is investigating alleged breaches of the Medicinal Products Regulations, including the potential supply of prescription-only medicinal products without prescriptions and the potential placement of unauthorised medicinal products on the market, he said.
Mr Justice Barniville said the council was briefed earlier this year on a claim the dentist sold botox products and weight loss/antidiabetic drug Ozempic to a woman without a prescription.
The council asked if the man was prepared to provide a written undertaking not to engage in dentistry until the conclusion of its complaints process.
He refused, mainly on the basis that he denies the claims and says his practice is his livelihood. The dentist offered to provide other undertakings that the council believes effectively amount to complying with the law. He also indicated he was open to one related to supervision of his practice.
His lawyers submitted to the council that there was no risk of immediate danger to the public.
The council applied to the court for an interim suspension order as it considered the allegations were “extremely serious” and went “directly to the protection of the public”.
In his ruling, Mr Justice Barniville said, while he was not tasked with making findings of facts, he could not ignore the fact that there is evidence that appears to show that the man sold a botulinum toxin product that is not licensed for sale or supply in Ireland.
The judge said a piece of evidence also appears to show him selling two prescription-only medicinal products, called Lidocaine and Lorase, to a non-patient without a prescription.
He also appeared to sell Ozempic to a non-patient without a prescription, the judge said, adding that a dentist would not appear to have an entitlement to sell this drug even to a patient.
Mr Justice Barniville said the council alleges the claims amount to a “black market” supply of medicines on a large-scale basis. The judge was satisfied the allegations disclose a “real and substantial immediate risk to the public”.
The judge said he had to keep in mind the dentist’s various constitutional rights, his privilege against self-incrimination and the presumption of his innocence in relation to claims of criminal wrongdoing.
The judge said the balance of justice “very clearly lies in favour of making the orders” to ensure the protection of the public.
He scheduled for the case to return to court next February so he can be updated on the status of the HPRA investigation and the council’s fitness to practise proceedings.
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