Charge

The Tribunal considered 3 charges of professional misconduct laid by a Professional Conduct Committee (PCC) appointed by the Nursing Council of New Zealand against Mr S, registered nurse (the Nurse).

The charges alleged:

Charge 1: that during a 12 month period the Practitioner entered into a relationship with the estranged wife of one of his mental health patients.

Charges 2 and 3 related to the Practitioner's conduct after the patient complained about the Practitioner's relationship with his estranged wife, charging that the Practitioner attempted to have the patient's wife provide false and or misleading statements about the nature of their relationship to both the District Health Board and later during the PCC investigation.

The Practitioner admitted the charges and the hearing proceeded on the basis of an agreed summary of facts.

Background

The Practitioner was the main nurse therapist providing health services to the patient including meetings with the patient and on a number of occasions with the patient's estranged wife.  It was over this period that an intimate relationship developed between the Practitioner and the patient's estranged wife.

Finding

The Tribunal was satisfied that Charge 1 was established and amounted to professional misconduct warranting disciplinary sanction.  The Tribunal found that the Practitioner's conduct was a clear breach of professional boundaries and that the harm caused to the patient is a stark reminder of the reason for professional boundaries set for all nurses and all health professionals.  It is not appropriate for a health practitioner to engage in an intimate relationship with a member of the patient's family even if the wife was estranged from her husband during that period.  The couple were still in a close relationship to the extent the wife was involved in seeking treatment for her husband and attending counselling sessions to assist in his treatment.

The Tribunal was satisfied that both Charges 2 and 3 were established and warranted disciplinary sanction.  The conduct was dishonest and manipulative and was a serious breach of ethical boundaries set by the profession.

Penalty

The Tribunal censured the Practitioner and suspended him from practice for 12 months from the date of the decision.  Conditions were imposed following his recommencing practice.

The Tribunal also ordered the Practitioner to pay a 25% contribution of the costs and incidental to the costs of the Tribunal and the PCC amounting to $7,893.

Permanent name suppression of the Practitioner's name was ordered subject to the right of the Nursing Council of New Zealand being able to notify any employer or prospective employer of the Tribunal's decision or if any inquiry is made about the Practitioner and his suitability for any registered nurse role.

The Tribunal directed publication of its decision and a summary.