Charge

At a hearing held 22-23 May 2013 the Health Practitioners Disciplinary Tribunal considered two charges laid by a Professional Conduct Committee against midwife, Mrs Cheryl Baker of Wanganui (the Midwife).

The first charge which was denied by the Midwife alleged that the Midwife:

• Practised without a current practising certificate

The second charge alleged that the Midwife:

• Acted unprofessionally or inappropriately in that she failed to complete a competence programme contrary to an order of the Midwifery Council
• Failed to appropriately hand over her clients to other midwives
• Failed to notify the DHB as to handover of her clients to other midwives
• Continued to act as a mentor contrary to the terms of her competence programme
• Continued to act as a midwife while employed by a Family Planning Centre
• Misled the Midwifery Council by advising them she had ceased to practise.

Finding

At the commencement of the hearing the midwife accepted two particulars of the charge relating to acting unprofessionally or inappropriately.

In respect of the first charge the Tribunal found that the Midwife did not hold an APC and practised without an APC during April and/or May 2010.  She was employed as a Family Planning Nurse, and told her supervisior that she intended to carry a reducing midwifery caseload during September 2010, and in a letter to the DHB dated 26 April 2010 the midwife sought to have her access arrangements at the hospital continue.

In respect of the second charge, the Midwife accepted that she gave another midwife the names of about 10 clients who she wanted the midwife to take over.  Although it was agreed a formal handover would take place, this never occurred.  The Midwife left files at two locations for the new midwife without instructions or summaries.  The new midwife subsequently learnt that most of the clients were unaware that their original midwife was leaving the practice or that their notes had been passed on.

The Tribunal found that four particulars of the second charge were established and one particlar was not established.  During the course of the hearing the PCC advised it would not proceed with one particular and that was not considered further by the Tribunal.

The Tribunal did not need to consider the threshold for Charge 1.  In regard to Charge 2, the Tribunal established that the four established particulars individually were sufficiently serious to warrant discipline having regard to the public interest and the need to maintain professional standards.

Penalty

The Tribunal censured the midwife and ordered her suspension for 6 months. Conditions of supervision were imposed on her resumption of practice.  The Tribunal ordered the midwife to pay costs totalling $12,700 and directed publication of its decision and a summary.