NURSING AND MIDWIFERY BOARD OF AUSTRALIA and GUILDFORD-TAYLOR

Case

[2014] WASAT 24

25 FEBRUARY 2014 [REVISED 17 JUNE 2014]


Details
AGLC Case Decision Date
NURSING AND MIDWIFERY BOARD OF AUSTRALIA and GUILDFORD-TAYLOR [2014] WASAT 24 [2014] WASAT 24 25 FEBRUARY 2014 [REVISED 17 JUNE 2014]

CaseChat Overview and Summary

The Nursing and Midwifery Board of Australia brought proceedings against the practitioner, alleging that she engaged in professional misconduct and was impaired due to substance abuse or dependence. The practitioner had impersonated a medical practitioner and provided a false medical history in order to procure the insertion of a venous infusaport without any clinical justification. The case was heard by the Health, Professional and Disability Services Division of the Administrative Appeals Tribunal.

The legal issues that the Tribunal needed to decide were whether the practitioner's conduct was inconsistent with her being a fit and proper person to hold registration in the profession and whether she was impaired due to substance abuse or dependence. The Tribunal considered evidence from the practitioner, her colleagues, and experts in the field of nursing and substance abuse. The Tribunal also considered the applicable professional standards and guidelines.

The Tribunal found that the practitioner's conduct was indeed inconsistent with her being a fit and proper person to hold registration in the profession. The Tribunal found that the practitioner had impersonated a medical practitioner and provided a false medical history in order to procure the insertion of a venous infusaport without any clinical justification. This conduct was a serious breach of professional standards and demonstrated a lack of integrity and honesty. The Tribunal also found that the practitioner was impaired due to substance abuse or dependence. The Tribunal found that the practitioner had a history of substance abuse and had failed to take appropriate steps to address her substance abuse issues.

The Tribunal ordered that the practitioner be found guilty of professional misconduct and that she be suspended from the register of nurses for a period of six months. The Tribunal also ordered that the practitioner be required to undertake a program of treatment for her substance abuse or dependence.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Professional Conduct

  • Impairment

  • Substance Abuse or Dependence

  • Professional Misconduct

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