Health Ombudsman v OOD

The Health Ombudsman brought this application against OOD (the Respondent), who was a registered nurse and midwife. The applicant sought a finding that the Respondent’s conduct constituted professional misconduct, and sought sanctions. The Tribunal found that the Respondent’s conduct did constitute professional misconduct, and ordered that she be reprimanded and disqualified from applying for registration until 13 February 2022. The parties were ordered to bear their own costs.The Tribunal found that the Respondent’s conduct was substantially below the standard reasonably expected of a registered health practitioner. The Tribunal found that the Respondent’s conduct involved serious criminal offending in the form of possession of dangerous drugs for a commercial purpose. The Tribunal found that this conduct was harmful in nature, and demonstrated a serious departure from the required standard of conduct. The Tribunal found that the Respondent’s conduct damaged the reputation of the profession, and was inconsistent with the Code of Conduct for Midwives. The Tribunal found that the Respondent’s conduct was aggravated by the fact that it involved possession of dangerous drugs for a commercial purpose.The Tribunal found that in light of the Respondent’s remaining term of imprisonment, and the fact that the Respondent had not sought to re-register as a registered health practitioner, it was appropriate to disqualify her from applying for registration until 13 February 2022. The Tribunal found that this approach was consistent with important principles of deterrence and maintenance of public confidence in the profession. The Tribunal found that the Respondent had taken significant steps to address the underlying causes of her conduct, and that she was genuinely remorseful. The Tribunal found that it was highly unlikely that the Respondent would repeat her offending behaviour. The Tribunal found that ordinarily, the Respondent’s conduct would have justified a period of suspension of between three and six months. The Tribunal found that the appropriate sanction in these circumstances was a period of disqualification from applying for registration until 13 February 2022.