The key issue
The key issue in this case is the breach of patient confidentiality.
The background
The case relates to an enrolled nurse who was working at a health service in Roebourne, Western Australia (Clinic). The matter settled at mediation.
The respondent was required to comply with his employer’s confidentiality and privacy agreement as part of his employment.
Between December 2016 and August 2018, the respondent viewed patient medical records at the Clinic 232 times without any formal clinical justification or authorisation, including the records of staff members and board members.
The respondent accessed the record that did not leave an audit trail. An audit report was subsequently produced by the Clinic once it became aware of the allegations.
In mitigation, the conduct the subject of the proceedings occurred in the respondent’s first job after graduating, the respondent had no prior disciplinary history, the respondent cooperated fully with the Board’s investigation and the respondent had undertaken further education/training on privacy of personal health information of his own accord.
The outcome
The tribunal approved orders that the respondent is guilty of professional misconduct, is reprimanded, be suspended from practice for four months, be required to undertake further education and supervision upon his resumption of practice and be required to pay the Board’s costs of $1,800.
The implications
Wilful breaches of patient confidentiality are treated very seriously by the tribunals given that it calls into question their trust and honesty. Practitioners who engage in such practices can expect to be removed from practice for a period of time.
The decision Nursing & Midwifery Board of Australia v Schlink [2020] VR 57 can be read here.
