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File Number: Psy14/288P
Practitioner: Andrea Kathryn Tracey Schubert
Hearing Start Date:Hearing End Date:
Hearing Town/City:
Hearing Location:
Charge Characteristics:
Professional boundaries breached (Established)
Relationship inappropriate (Established)
Additional Orders:
Name Suppression to Complainant and/or Patient and/or client
Complainant and patient granted interim suppression of name and identifying features
639Psy14288p.pdf
Name Suppression to Practitioner
Practitioner granted interim suppression of name and identifying features
639Psy14288p.pdf
Name Suppression to Practitioner
Practitioner declined permanent name suppression
705Psy14288P .pdf
Name Suppression to Complainant and/or Patient and/or client
Complainant, patient and witnesses granted permanent suppression of name and identifying features
705Psy14288P .pdf
Precis of Decision: Charge
At a hearing held from 29 October to 31 October 2014 inclusive, the Health Practitioners Disciplinary Tribunal (the Tribunal) considered two charges of professional misconduct laid by a Professional Conduct Committee against Ms Schubert, psychologist of Nelson (the Psychologist).
The first charge alleged that the Psychologist's conduct amounted to malpractice or negligience in the provision of psychological services to two clients. While undertaking sessions and joint "couples counselling" sessions the Psychologist acted inappropriately and/or failed to maintan appropriate professional boundaries.
The second charge alleged that the Psychologist's conduct brought discredit to the psychologist's profession. The Particulars of the second charge being the same as the first charge.
Finding
The Tribunal found that in respect of the first charge that the Psychologist continued to act as a psychologist but was also engaging in another role in the nature of a friendship. The Tribunal also considered that exchange of gifts and entering into a business transaction with her clients blurred the professional boundaries and were intentional breaches of these boundaries and amounted to malpractice and negligence.
In regards to the second charge the Tribunal found the breach of professional boundaries by the Psychologist to be extensive and over the period of several months and such behaviour could only bring discredit to the Psychologist's profession.
The Tribunal commented that it is the Psychologist's responsibility to maintain appropriate professional boundaries not the clients. The public must have confidence that they can come to a registered psychologist and trust that the psychologist will not intrude into their personal lives and relationships in the way this Psychologist did.
Penalty
The Tribunal considered a Consent Memorandum as to penalty filed by both parties in which they sought an agreed penalty from the Tribunal. The Tribunal ordered that the Psychologist be suspended from practice for 18 months, be censured and imposed conditions on her practice for 18 months from the date she recommences practice. Had the Psychologist not been in receipt of legal aid, the Tribunal would have ordered the Psychologist to pay 45% of the costs of the PCC and the Tribunal. The Tribunal directed that its decision and a summary be published.
An application for permanent name suppression on behalf of the Psychologist was declined.