Charge Detail Summary

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File Number: Mid12/204P
Practitioner: Patricia Emily Mason
Hearing Start Date:

Hearing End Date:

Hearing Town/City:
Hearing Location:
Charge Characteristics:

Practising without a current practising certificate (Established)


Authority - failed to engage
(Established)


Additional Orders:


Appeal Order:


Decision:

Full Decision 465Mid12204P.pdf


Appeal Decision:


Precis of Decision:

Charge

Ms Patricia Emily Mason, midwife of Palmerston North (the Midwife) faced two charges laid by a Professional Conduct Committee.

The first charge focused on the Midwife's ongoing failure to engage with the Midwifery Council (the Council) during the period April 2010 - May 2011 in regard to competence, registration and practising certificate issues.  The second charge related solely to her practising without a practising certificate (an APC).  The charge alleged she had practised in May and April 2010 and April 2011 for a total period of 68 days without an APC.

Finding

The Tribunal found both charges established.

In relation to the professional misconduct charge the Tribunal were satisfied that:

  • Despite requests from the Council, the Midwife failed to provide evidence of compliance with the recertification programme and failed to provide her portfolio for audit.
  • Despite the Council setting out the consequences of practising without an APC, the Midwife continued to practise as a midwife without an APC.
  • The Midwife failed to respond or engage with the Council when a response was required.

The Tribunal considered that when considered cumulatively the above established particulars warranted discpline and the charge of professional misconduct was established.  The Tribunal also found the second charge established on the facts.

Penalty

The Tribunal considered the following aggravating factors were present in this case:

  • the established failures extended over two years;
  • there was a potential risk to the public;
  • the Midwife declined to engage with the Council on any constructive basis; and
  • no explanation was provided.

The Tribunal censured the Midwife, fined her $500.00 and ordered her to pay 30% of the costs.

The Tribunal further imposed five conditions on the Midwife's practice relating to assessment, training and supervision which would take effect when the Midwife resumed practice as a midwife.

The Tribunal directed that the decision and a summary of the decsion be published.