The key issue
What is the appropriate disciplinary sanction for practitioners engaging in romantic (but non-sexual) relations with patients?
The background
The respondent was 27 years old at the time of meeting the 17-year-old detainee in 2018. After resigning from her employment at the detention centre, the two communicated via Facebook and phone and declared their love for each other.
The respondent surrendered her registration in February 2019 and made a statutory declaration in December that year that she would not seek re-registration.
The allegations did not relate to sexual relations, but, principally, a series of exchanges of messages (by phone and handwritten letters) between the two and the respondent disclosing details about her private life to Patient A.
It was further alleged that the respondent had stated to the Commission that she had “no further contact” with Patient A, when in fact they had been in touch daily four days up to that point.
The respondent submitted that she was deeply remorseful and acknowledged that her conduct:
- breached the Codes of Conduct issued by NSW Health and the Board;
- “brought shame” on the nursing profession and herself; and
- was “completely unacceptable” given the power imbalance in the practitioner-patient relationship.
The parties proposed orders to the tribunal, which the tribunal agreed to.
While the tribunal had misgivings about imposing the prohibition order on the basis that it would prevent the respondent from working in any health service, it considered that the order was appropriate in these circumstances.
The outcome
The tribunal found that respondent guilty of professional misconduct and unsatisfactory professional conduct and disqualified her from applying for registration as a nurse for 1 year and prohibited her from providing a number of health services for 1 year.
Implication
The case confirms the importance of maintaining appropriate professional boundaries.
The decision in Health Care Complaints Commission v Hall [2020] NSWCATOD 130 can be read here.
