Charge Detail Summary

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File Number: Nur22/546P
Practitioner: Marvel Jr Clavecilla
Hearing Start Date:

Hearing End Date:

Hearing Town/City:
Hearing Location:
Charge Characteristics:

Documents - dishonest use of/intent of obtaining pecuniary gain (Established)


Legislation – breach of Crimes Act 1961
(Established)


Additional Orders:

Name Suppression to Practitioner

Order for interim suppression of the practitioners name and any identifying details

Permanent name suppression is declined

1228Nur22546P.pdf1238Nur22546P.pdf


Other

Order to prohibit publication of the information contained in the practitioner’s affidavit in support of his application for name suppression (with the exception of the information in paragraphs 1, 2, 3, 8, 9, 11 and all but the last six words of paragraph 10)

1238Nur22546P.pdf


Other

Order to prohibit publication of any personal health information contained in the evidence given by the practitioner, save for that relating to the practitioner

1238Nur22546P.pdf


Appeal Order:



Appeal Decision:


Precis of Decision:

Charge

On 23 May 2022 via audio-visual link, the Health Practitioner’s Disciplinary Tribunal heard a charge of professional misconduct laid by the Professional Conduct Committee appointed by the Nursing Council of New Zealand against Mr Marvel Clavecilla, a registered nurse of Blenheim (the Nurse).

 

The charge is that:

 

  1. On 19 October 2020 the Nurse was convicted in the Blenheim District Court of 32 counts of dishonestly and without claim of right, using a document for pecuniary advantage and that those convictions adversely either separately or cumulatively reflect adversely on his fitness to practice. In particular:

 

    1. Between 30 March 2020 and 6 April 2020, the Nurse used the credit card of an elderley patient at Wairau Hospital, on 19 occasions with the value of the items taken totalling $773.38.

 

    1. Between 25 May 2020 and 30 May 2020, the Nurse used the credit card of another elderly patient at Wairau Hospital who had passed away, on 13 occasions with the value of the items taken totalling $431.04.

 

The charge alleges that the convictions amount to professional misconduct pursuant to section 100(1)(a) and/or (b) of the Act and that it is conduct that brings discredit to the nursing profession.

 

Background

 

The Nurse obtained his nursing qualifications in the Philippines in 2008 and registered as a nurse in New Zealand in 2012. He accepted the charge that the convictions are likely to adversely reflect on his fitness to practise and that disciplinary sanction is warranted. He did not accept that his registration as a nurse should be cancelled.

The two instances of offending giving rise to the convictions occurred in March and May of 2020. After an elderly patient died, the Nurse took the opportunity to go through her belongings and took her credit card. He made 19 different purchases on the card, totalling $773.38.

The second instance again involved an elderly patient who was briefly under the Nurse’s care, in which time he went through her belongings and took her credit card. He used that card 13 times, with purchases totalling $431.04.

The Nurse was suspended from employment when his employer became aware of the charges against him. He resigned on 17 August 2020 and has not worked as a nurse since.

 

Finding

 

The contents of the charge were accepted by the Nurse and the Tribunal found that the offences were of a kind that reflected adversely on the practitioner’s fitness to practise. The pertinent question for the Tribunal was whether the existence of his convictions warranted cancellation of his registration. In deciding against cancellation, the Tribunal noted the Nurse’s remorse for his offending, the need to impose the least restrictive penalty and the penalty of imposing a fair, reasonable and proportionate disciplinary sanction.

 

Penalty

 

The Tribunal ordered the Nurse be:

 

  • Censured
  • 9-month suspension of registration
  • Conditions of registration
  • Pay 15% of the costs of the Tribunal and PCC investigation, totalling $2,750.00.

 

The Tribunal directed publication of the decision and a summary.