Charge

On 9 December 2016 the Health Practitioners Disciplinary Tribunal heard a conviction charge laid by a Professional Conduct Committee (PCC) appointed by the Medical Sciences Council of New Zealand against Ms A, a medical laboratory technician (the Medical Laboratory Technician).

The Medical Laboratory Technician was convicted of two criminal charges of offences against the Misuse of Drugs Act 1975 and sentenced by the District Court to imprisonment for 2 years and 6 months.

The background to the convictions concerned a supply by the Medical Laboratory Technician of the Class B Controlled Drug, namely Oxycodone Hydrochloride to victims who were of teenage years, initially supplied free of charge but later the Medical Laboratory Technician charged for these.

The hearing proceeded on the basis of an Agreed Summary of Facts.

Finding

The Tribunal found that the acts by the Medical Laboratory Technician were of the highest order of misbehaviour which reflects adversely on her fitness to practise.  The Tribunal noted that significant trust is placed by people in a health practitioner that they will be properly and comprehensively cared for.  They trust the health practitioner to do what is right for them and follow the advice given to them.  That means that the health practitioner must show self-restraint in their own activities and lives and particularly how they deal with other people and with drugs to which they have access.  That is emphasised even more so in respect of vulnerable youth.

Penalty

The Tribunal cancelled the registration of the Medical Laboratory Technician, censured her and ordered her to pay $6,000 towards the costs of prosecution and the hearing of the charge.

The Medical Laboratory Technician was granted permanent name suppression so as not to compromise the suppression order of the District Court.

The Tribunal directed publication of its decision and a summary.