Health Ombudsman v Tooth

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Tooth [2020] QCAT 463

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

DEBORAH LOUISE TOOTH

(respondent)

APPLICATION NO/S:

OCR033-19

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.   The Tribunal finds, pursuant to section 107(2)(b)(iii), that the respondent has behaved in a way that constitutes professional misconduct; and

2.   Pursuant to section 107(3)(a) the Act, the respondent is reprimanded; 

3.   Pursuant to section 107(3)(b)(i), the Tribunal orders that the following conditions be imposed on the respondent’s registration:

(a)    The practitioner must undertake and successfully complete a program of education, approved by the Nursing and Midwifery Board of Australia (the Board), and including a reflective practice report, in relation to:

            (i)     Ethical and legal responsibilities of registered nurses; and

           (ii)     Ethical and legal responsibility of registered nurses in relation to medication management. 

(b)   Within one month of the notice of the imposition of these conditions, the respondent must, on the approved form, nominate for approval by the Board an education course, assessment, or program (the education) addressing the topics required above.  The practitioner must ensure:

            (i)     The nomination includes a copy of the curriculum of the education

           (ii)     The education consists of a minimum of six (6) hours, including the required topics and any formal assessments required. 

(c)    The practitioner must complete the education within six (6) months of the notice of the Board’s approval of the education

(d)   Within 28 days of completion of the education, the practitioner must provide to AHPRA:

            (i)     Evidence of successful completion of the education. 

           (ii)     A reflective practice report demonstrating, to the satisfaction of the Board, that the practitioner has reflected on the issues that gave rise to these conditions and how the practitioner has incorporated the lessons learned in the education into the practitioner’s practice.

          (iii)     Evidence of having undertaken and successfully completed the formal assessment component of the education. 

(e)    Subdivision 2, division 11, part 7 of the National Law applies to these conditions.

(f)     For the purposes of subdivision 2, division 11, part 7 of the National Law, that a review period for the conditions is twelve (12) months. 

4.   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 was convicted on her own pleas of guilty in the Magistrates Court of stealing as a public servant and unlawful possession of restricted drugs – whether the issue of ongoing risk can be addressed by imposing conditions on the respondent

Health (Drugs and Poisons) Regulation 1996

Health Ombudsman Act 2013

Health Practitioner Regulation National Law (Queensland)

Health Ombudsmen v Jamieson [2017] QCAT 172

REPRESENTATION:
Applicant:	Office of the Health Ombudsman
Respondent:	Hall Payne Lawyers
APPEARANCES:	This matter was heard and determined on the…