A NEWCASTLE psychiatrist found guilty of professional misconduct in 2000 because of his heroin addiction and sexual relationship with a 20-year-old patient has successfully appealed a further suspension of his medical licence.
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Jonathan Smithson, 57, used cocaine and later heroin from 1996, injected the 20-year-old who was already a drug user with heroin, and surrendered his registration in 1999 before professional misconduct action against him.
Smithson eventually became homeless and relied on social security payments before turning his life around and being granted conditional approval to resume practising medicine in 2016.
In July last year, the Australian Medical Council suspended his registration after several hair and urine samples returned positive drug tests that indicated heroin and amphetamine use.
The University of Newcastle-trained doctor and several experts told the NSW Civil and Administrative Tribunal that the test results could be caused by ingesting poppy seeds and contamination from a close associate who is prescribed amphetamines for narcolepsy.
In successfully appealing to keep working, Dr Smithson told NCAT hearing last month that he had not taken illicit drugs since 2013.
He said he had submitted to more than 900 drug tests over the years, that had all been negative until the recent results in 2019 and last year.
The hearing heard from a number of expert toxicologists that were divided in opinion over the cause of the positive hair and urine samples.
"Whilst the experts for the appellant tended to fall on the side of accidental causes, the experts for the respondent tended to suggest that infrequent use of heroin could not be excluded," the judgement reads.
"However, all agreed that it was simply not possible to determine any definite cause or source of the positive results and that additional testing would be of no benefit.
"The experts agreed that the presence of poppy seed in foods such as bread; bread rolls; or poppy seed muffins, could produce a positive test result."
Dr Smithson said he ate out, on average, five times a week and did not always check the ingredients of the food he ordered.
The hearing heard glowing references from several doctors who worked with Dr Smithson at a Sydney hospital in recent years. It also heard that Dr Smithson started a sexual relationship with the 20-year-old female patient, who introduced him to heroin, in 1996 on the day he received a coroner's report into his pregnant wife's suicide.
The tribunal ruled the suspension be set aside and Dr Smithson be permitted to keep practising medicine in the public health system under a range of conditions, including regular drug testing and strict supervision.
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