Charge

Between 24-27 August 2020 the Health Practitioners Disciplinary Tribunal (the Tribunal) considered a charge laid by the Director of Proceedings against Mr S, registered Nurse (the Nurse).

The charge was laid under the Health Practitioners Competence Assurance Act 2003 (HPCA Act). The charge alleged that the Nurse was involved in sexually inappropriate activity with a patient.

The first particular of the charge alleged that the Nurse failed to set and/or maintain appropriate boundaries with the patient.

The second particular of the charge alleged that the Nurse engaged in sexual activity/intimate conduct with the patient.

Background

In December 2009, the Nurse gained a Bachelor of Science in Nursing overseas. He later immigrated to New Zealand and completed his Registered Nurse Bachelor of Nursing and Nursing Competency Assessment programs. He then became a New Zealand registered Nurse.

At the time of the incident the Nurse was working on a medical ward at a hospital.

In 2016, the Nurse was working overnight in the hospital. He engaged in admitted sexual activity with an assigned patient.

Following the incident, the patient made a complaint. The Nurse was placed on special leave and subsequently resigned prior to completion of a disciplinary investigation.

In 2017 the Nurse appeared in the District Court charged with indecent assault and unlawful sexual connection in relation to the incident. The criminal charges were dismissed under the Criminal Proceedings Act due to a risk of unsafe conviction by a jury. 

The complaint was referred to the Nursing Council who referred the matter to the Health and Disability Commissioner. There were findings that the Nurse was in breach of the Code of Health and Disability Consumer’s Code of Rights.

On 26 March 2020 the Director of Proceedings laid the charge of professional misconduct.

Finding

The Nurse made certain admissions and denials in relation to the particulars of the charge.

The Tribunal found that the charge was established in respect of particular 1. The Tribunal was satisfied that the Nurse failed to maintain appropriate professional boundaries with the patient.

The Tribunal further found that the charge was established in respect of particular 2. The Nurse engaged in sexual activity/intimate conduct through sub particulars 2.5 and 2.6. Sub-particulars 2.1-2.4 were not established. 

The Tribunal found that each of the established particulars and sub-particulars were of such a serious nature to warrant disciplinary action. The charges were malpractice and negligence, likely to bring discredit to the medical profession.

Penalty

The Tribunal:

• Suspended the Nurse for six months;
• Censured the Nurse;
• Imposed conditions upon the Nurse after he recommences practice.
• Ordered the Nurse to pay costs of $26,000.00 amounting to 25% of the costs.

The Tribunal directed publication of the decision and a summary.