A panel of the Health Practitioner’s Disciplinary Tribunal (“the Tribunal”) convened by way of audio visual link on 14 April 2023 to hear charges laid by a Professional Conduct Committee (“the PCC”) of the Midwifery Council of New Zealand (“the Council”) against Registered Midwife, Ms Lisa Gannon (“the Midwife”).

Charge

The Midwife was charged with professional misconduct. There are nine particulars to the charge, relating to obtaining medication for her own use between November 2020 and March 2021, and attempting to avoid liability by giving false information to the Council. The Midwife admitted to all the particulars of the Charge.  

The full charge is set out in the published decision.

Background

The Midwife was first registered in 2013.  In 2016, she was the subject of a PPC enquiry relating to theft of benzodiazepine from a delivery suite dispensary. She was managed under the Council’s health process. The Council received a second notification about the Midwife in 2018, relating to administration of her citalopram prescription to someone close to her. The Midwife remained under the Council’s health processes and conditions were added to her annual practising certificate. She ceased practising as a Midwife in 2019 but remained registered.

The Midwife attempted to recommence practice in 2021.  The Council was notified by several pharmacists of concerns regarding prescription requests from the Midwife.

Finding

The Tribunal found the Midwife guilty of professional misconduct in respect of each of the particulars charged and found her conduct to be deserving of disciplinary sanction.

The Tribunal was sympathetic to the Midwife’s personal circumstances and significant addiction issues. However, the Tribunal could not consider that an excuse for the conduct, nor were they invited to. The Midwife’s admissions confirmed a pattern of abuse of her position as a midwife to obtain prescription drugs for her own use. There was also a pattern of dishonesty which fell well short of the standard of conduct expected of midwives.  Her conduct will likely have had a negative impact on the trust and confidence the public is entitled to have in her and in the profession of midwifery.

Penalty

The Tribunal reconvened 28 August 2023 to decide on an appropriate penalty. The Tribunal ordered:

• Censure
• Cancellation of the Midwife’s registration
• Contribution towards costs of $6,250.00 of the PCC and $1,750.00 of the Tribunal.

The Tribunal directed publication of its decision and a summary.