Background Facts
Mr James Edwards is a registered nurse, practising in mental health nursing.  He was registered in 1986. 

The Charges

The Professional Conduct Committee (PCC) charged that during the period 12 August 2004 to 15 September 2004, while James Edwards was employed as a registered nurse at Te Whare O Matairangi in Wellington, he compromised patient safety and wellbeing by using inappropriate restraint and/or physically abused patients of the unit.  In particular:

• On or about 12 August 2004 he used inappropriate physical restraint on Ms I, a patient of the unit; and /or
• On or about 15 September 2004 he grasped Ms A, a patient of the Day Hospital, by the wrist and/or pulled her along the floor.

The PCC considered that the two particulars of conduct alleged amounted to professional misconduct, pursuant to section 100(1)(a) or (b) of the Act, either separately or cumulatively.

The Tribunal's findings in relation to each particularised allegation.

Particular One:          

On or about 12 August 2004, he used inappropriate physical restraint on Ms I, a patient of the unit

The Tribunal found that Mr Edwards was not the principal decision maker that night and whilst it agrees that the actions complained of were, with the benefit of hindsight, unwise and could be acts or omissions which could reasonably be regarded as malpractice, they do not reach the threshold for disciplinary sanction.  In reaching this conclusion, the Tribunal wished to acknowledge the distressing nature of the incident to Ms I. 

Particular Two:

On or about 15 September 2004 he grasped Ms A, a patient of the Day Hospital, by the wrist and/or pulled her along the floor.

The Tribunal found that particular two had been proved and that this behaviour amounted to professional misconduct.

Penalty

The Tribunal invited submissions on the appropriate penalties under s.101 of the Health Practitioners Competence Assurance Act 2003.  After considering submissions on penalty, the Tribunal made the following orders at a subsequent hearing on 22 February 2006:

1. Mr James Edwards’ registration as a nurse was suspended for the period of 18 months from the date of the Order.
2. Upon resumption of his right to practise, Mr Edwards should practise under the following conditions for a period of 18 months:
   1. Prior to resuming practice, he would obtain a competence assessment (from an assessor approved by the Nursing Council) as to his fitness to practise as a nurse.
   2. That he would practise under supervision of a registered nurse approved by the Nursing Council for a period of 18 months following the end of his period of suspension. 
   3. During this 18 month period, the Nursing Council would approve his employer before taking up any new position so that it could confirm that appropriate supervision was in place for him.
   4. Mr Edwards was not to be employed in any position that would require him to be in sole charge during the period of supervision.
3. Mr Edwards should pay 25% of the costs and incidental to the enquiry made by the Professional Conduct Committee, the Prosecution of the Charge and the Hearing of the Tribunal. 
4. The Tribunal directed its Executive Officer to publish a summary of the Tribunal’s findings and orders in Kai Tiaki: Nursing New Zealand and the Nursing Council's newsletter.