The key issue
The appropriate sanction for criminal (drug) offences.
The background
The case relates to a registered nurse’s convictions for drug-related offences in December 2017.
A search warrant executed at the practitioner’s house in September 2017 found a large quantity of dangerous drugs and restricted drugs and non-schedule drugs and utensils. The officers noted that the medication found appeared to be packaged in a similar way to medication dispensed in a hospital.
The practitioner subsequently pleaded guilty to four counts of possessing dangerous drugs, one count of unlawful possession of restricted drugs, one count of unlawful possession of suspected stolen property and one count of possessing utensils for use.
The practitioner was placed on a good behaviour bond for 12 months and no convictions were recorded.
The practitioner self-admitted herself to hospital with mental illness and suicidal ideation in October 2017.
The tribunal found that the practitioner’s conduct was in breach of the code of conduct but noted that there was no finding that the safety of any patient was compromised.
In (only) reprimanding the practitioner, the tribunal noted that the practitioner had an exemplary past, was very unwell at the time of the conduct and had done a great deal to address the complex issues behind her conduct.
The outcome
The tribunal found that the practitioner had engaged in professional misconduct, reprimanded her and made no order as to costs.
The implication
The case is another example of how criminal convictions may impact on a practitioner’s registration. However, similar conduct by registered health practitioners in the past has attracted more severe penalties, including suspension.
The decision Health Ombudsman v ADV [2020] QCAT 364 can be read here.
