On 9 September 2024, the Health Practitioners Disciplinary Tribunal (the Tribunal) heard a charge of professional misconduct laid by a Professional Conduct Committee (PCC) against Mr Edward Cyrus Mamangum Vasquez, registered nurse of Auckland (the Nurse).  

Charge

There were three particulars of professional misconduct to the Charge relating to inappropriate behaviour towards a female patient. The PCC alleged that the Nurse accessed the patient’s file in order to contact her on his personal phone when he knew or ought to have known he did not have authority to do so.

The PCC alleges that this conduct amounts to malpractice and/or negligence in the practitioner’s scope of practice and/or conduct that has brought discredit to the nursing profession pursuant to sections 100(1)(a) and 100(1)(b) of the Health Practitioners Competence Assurance Act 2003 (the Act).

Background

The patient had a scheduled colonoscopy where the Nurse was working. The Nurse had admitted and provided care to the patient while at the Health Centre and during her recovery.

The Nurse had put the patient’s IV line and when he removed it, it bled quite a lot so he rebandaged it for her.

After the patient was discharged, she received text from an unknown number which was from the Nurse’s personal phone checking if the bleeding had stopped. The patient replied to the text thinking it was a routine follow up from the Health Centre.

The Nurse sent a second text to the patient from his personal phone which the patient felt was incredibly inappropriate and made her feel quite uncomfortable. She complained to the Health Centre of this occurrence.

Finding

The Nurse has admitted the disciplinary Charge, and he signed the Agreed Summary of Facts.

The Tribunal is not satisfied that each of the three particulars of the Charge, either separately or cumulatively, establish negligence or malpractice in the Nurse’s scope of practice.

Nor does the Tribunal consider that separately or cumulatively Mr Vasquez’s conduct as set out in the three particulars is conduct that brings discredit to the nursing profession.

The Tribunal dismissed the charge in its entirety.

Orders

Though the charge was dismissed in its entirety, the Tribunal did not grant permanent name suppression of the Nurse.

The Tribunal directed publication of the decision and a summary.