At a hearing held on 17 and 18 November 2014 the Health Practititoners Disciplinary Tribunal (the Tribunal) considered a charge of professional misconduct laid by a Professional Conduct Committee against, Ms Raewyn Ward, Enrolled Nurse of Tauranga (the Nurse).

The charge alleged that whilst caring for a patient at a rest home, the Nurse, being an Enrolled Nurse:

1. Failed to ensure that adequate standards of care planning and falls risk assessment were set out and/or maintained in relation to her patient during her period of residence at the rest home, and/or
2. On each occasion after her patient fell on 10 July 2011, 24 July 2011 and 3 August 2011, she failed to ensure that a plan was implemented to manage the risk of future falls, and/or
3. On each occasion she failed to notify her patient's family of the falls on 24 July 2011 and 3 August 2011 or failed to ensure they were notified; and/or
4. Failed to seek an appropriate clinical assessment of her patient on 5 August and/or 6 August 2011 and/or 7 August 2011 and/or 8 August 2011.

Finding

The Tribunal found the Nurse guilty of professional misconduct.

The first particular was established but was not sufficiently serious to warrant disciplinary sanction. The further three particulars were found to be established at a level where disciplinary sanction was required. The Tribunal concluded that in regard to particulars 3 and 4 there was negligence on the part of the Nurse and that her actions brought discredit to the nursing profession.

The Tribunal found that this case highlighted the dilemma arising when an Enrolled Nurse also has responsibilities for management of a facility such as a rest home but at the same time an employee of the rest home is a Registered Nurse.

On the other hand it is the Registered Nurse who has the primary responsibility for the care of the residents or patients and in that regard, the Enrolled Nurse must take direction from the Regitstered Nurse on matters where professional decisions are required. On the other hand, the Enrolled nurse in exercising her managerial position and responsibilities, must also be very conscious of any risk of conflict between her managerial duties and the duties she has as an Enrolled Nurse.

Penalty

The Tribunal imposed conditions on the Nurse's practice for 12 months after she resumes practice and ordered her to pay $14,000 towards the costs of the Director of Proceedings and $10,000 towards the costs of the Tribunal. The Tribunal also directed publication of its decision and a summary.