Charge

On 21 June 2021, the Health Practitioners Disciplinary Tribunal heard a charge of professional misconduct laid by a Professional Conduct Committee (PCC) against Dr S, registered psychologist (the Psychologist).

The charge alleged that the Psychologist conducted herself in an inappropriate and/or unprofessional manner:

1. On 31 July 2018, the Psychologist was convicted of three offences under the Corrections Act 2004:

1. 1. Communicating with a prisoner;

1. 2. Bringing contraband, namely compact discs, into a prison intending that it become the possession of a prisoner;

1. 3. Causing contraband, namely a cellphone, to be brought into a prison intending that it come into the possession of a prisoner.

2. Between on or about March 2018 and April 2018, the Psychologist, when practising as a clinical psychologist for the Department of Corrections, conducted herself in an inappropriate and/or unprofessional manner by entering into an intimate and/or inappropriate relationship with [Mr S], at that time a prisoner at Invercargill prison and a current patient of the Psychologist.

Background

The Psychologist has been registered with the New Zealand Psychologist Board since 2013 in the clinical psychologist scope of practice. From around March 2015 to April 2018 the practitioner was employed by the Department of Corrections as a clinical psychologist, providing services at a prison.

During that time, the Psychologist developed an intimate, sexual and personal relationship with her patient and inmate, Mr S. On 17 March 2018 the Psychologist purchased a Samsung Galaxy mobile phone and dropped it off to a pre-arranged address from where it was smuggled to Mr S in Invercargill prison.  She also opened an account for an 0800 number under a fictitious name.  Mr S then obtained approval for the 0800 number, which allowed him to contact her on a regular basis. As part of her practice, the Psychologist would provide mindfulness CD’s to her patients. The Psychologist delivered music CD’s to Mr S under the guise of being treatment related CD’s.

Finding

The Psychologist accepted that her conduct amounted to professional misconduct. The Psychologists’s conduct was found to be a serious breach of the Psychologists Code of Ethics. It amounted to malpractice in that it was highly unethical and a significant departure from the standards expected of a psychologist. The Tribunal was satisfied that reasonable members of the public, informed of this relationship, would consider the reputation of the profession is lowered by her conduct.  It warranted a disciplinary sanction for the purposes of protecting the public, maintaining standards for the profession and punishing the Psychologist.

Penalty

The Tribunal ordered that the Psychologist:

• censure;
• Cancellation of registration;
• Payment 15% of the costs, amounting to $5,250.

Publication of the decision and a summary was ordered.