Health Ombudsman v Keast

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Keast [2020] QCAT 197

PARTIES:

DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN

(applicant)

v

CATHERINE FRANCIS KEAST

(respondent)

APPLICATION NO/S:

OCR100-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

5 May 2020 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member John Robertson
Assisted by:
Ms H. Barker
Dr K. Forrester
Mr M. Halliday

ORDERS:

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

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

3.   There is no order as to costs.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – Professional misconduct – registered nurse convicted of one count of stealing fentanyl and one count of possession of fentanyl – early plea of guilty and cooperation with the Health Ombudsman – characterisation of conduct - sanction

Health Ombudsman Act 2013 (Qld) s 107

APPEARANCES & REPRESENTATION:
Applicant:	Director of Proceedings on behalf of the Health Ombudsman
Respondent:	Quinn & Scattini Lawyers
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. These disciplinary proceedings were referred to the Tribunal by the applicant Director on the 29th of March 2019.  An agreed statement of facts signed by the applicant’s delegate and the respondent’s solicitor, was filed on the 27th of June 2019.  The respondent was, at all material times, a registered nurse.  She originally obtained her qualifications in Ireland in 2004.

2. The incident the subject of these disciplinary proceedings occurred on the 13th of December 2017.  Shortly stated, the respondent was then working in an ICU of a Brisbane Hospital, and was rostered to work a non-clinical research stay, which did not require her to have contact with patients.

3. At around 9.50 am, on that day, she co-signed with another staff member to take possession of two ampoules of the dangerous drug Fentanyl for administration to a patient.  She attended the bedside of the patient and, in effect, pretended to administer the drug to the patient via a saline drip; however, she retained the drugs, and later was found in possession of one used ampoule and syringe and one unused ampoule.

4. She was charged by police with two offences.  On 4 July 2018, she pleaded guilty to one count of stealing Fentanyl, for which she received a good behaviour bond, and she also pleaded guilty to one count of possession of the dangerous drug Fentanyl, for which she was convicted and not further punished.  No conviction was recorded.

5. On the 14th of March 2018, the Health Ombudsman imposed conditions on her nursing registration which, effectively, curbed her ability to practice in a clinical setting.  She had been first registered with the Nursing and Midwifery Board in 2014.  On…