Health Care Complaints Commission v Emery [2017] NSWCATOD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Emery [2017] NSWCATOD 11 Hearing dates: 27 July, 28 July, 17 October 2016 Date of orders: 24 January 2017 Decision date: 24 January 2017 Jurisdiction: Occupational Division Before: R Titterton, Senior Member M Constable, Professional Member L Burns, Professional Member B Smith, General Member Decision: 1 Complaint One is not proven and the complaint is dismissed. 2 Complaint Two is not proven and the complaint is dismissed. 3 Complaint Three is proven. 4 The conditions set out in Attachment B to these reasons are imposed on the respondent's registration. 5 The Tribunal directs each party to provide any submissions on the proposed costs order within 14 days, with the other party having the right to respond to the other party's submissions within a further 14 days Catchwords: NURSE - Unsatisfactory professional conduct – professional misconduct – allegations that the respondent attended to the Patient Controlled Analgesia device (PCA) of Patient A when there was no clinical indication to do so; obtained the ward key to the PCA (in circumstances where the respondent had been directed not to handle the drug keys), or by other unauthorised means, opened Patient A's PCA device; inappropriately obtained, or attempted to obtain, a supply of morphine from Patient A's PCA device; inappropriately replaced, or attempted to replace, the fluid in Patient A's PCA device with clear fluid in the contents of a syringe in his pocket; and failed to make an entry in Patient A's medical record about his attendance on Patient A including making a record of the amount of morphine he obtained or, in the alternative, his checking or adjustment of Patient A's PCA – complaints of unsatisfactory professional conduct and professional misconduct not proved