Health Ombudsman v Ferguson

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Ferguson [2020] QCAT 464

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

MARK ANDREW FERGUSON

(respondent)

APPLICATION NO/S:

OCR093-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

21 October 2020 (Ex Tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member J Robertson

Assisted by:

Ms April Blair
Mr Brent Dixon

Ms Sharyn Hopkins

ORDERS:

1. Pursuant to section 107(2) of the Health Ombudsman Act 2013, the respondent has behaved in a way that constitutes professional misconduct;

2. Pursuant to section 107(3) of the Health Ombudsman Act 2013, the respondent is reprimanded;

3.    No order as to costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was a registered nurse – where the respondent dishonestly obtained medication and drugs – where the respondent made false entries and altered records – where the respondent plead guilty to stealing as a servant and falsifying records  – where the respondent has shown insight and remorse and agreed to sanction – whether a reprimand or cancellation of suspension is appropriate

Health Ombudsman Act 2013 (Qld) s 107

Health Ombudsman v CSM [2020] QCAT 55

Health Ombudsman v DeCelis [2019] QCAT 140

Medical Board of Australia v Jones [2012] QCAT 362 Peeke v Medical Board of Victoria [1994] VSC 7

REPRESENTATION:
Applicant:	Director of Proceedings on behalf of the Health Ombudsman
Respondent:	Self-represented
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. The applicant referred these disciplinary proceedings to the Tribunal on 29 March 2019 pursuant to sections 103(1)(a) and 104 of the Health Ombudsman Act 2013 (the Act).

2. The applicant alleges that the respondent has engaged in professional misconduct and submits that he should be reprimanded.

Background

1. At all material times, the respondent was registered under the Health Practitioner Regulation National Law (Queensland) (National Law) as a registered nurse with the Nursing and Midwifery Board of Australia (the Board); a health service provider within the meaning of section 8(a)(i) of the Act being a health practitioner under the National Law; and subject to the registration Standards, Codes and Guidelines approved by the Board as to what constitutes appropriate professional conduct or practice for the nursing profession including the Code of Professional Conduct for Nurses in Australia; and the Code of Ethics for nurses in Australia.

2. The respondent was born on 19 March 1974 so is presently 46. He first obtained registration with the Board in Australia on 30 January 2012.

3. The respondent was employed as an enrolled nurse at the Mater Health Services between February 2012 and May 2013. On 1 July 2017, his employment with the hospital was terminated.

4. He has been employed at the child protection forensic medical service clinic (Queensland Health) since June 2018.

The Relevant Conduct

1. The conduct relates to two episodes of criminal offending involving the theft of Fentanyl (a Schedule 8…