Health Care Complaints Commission v Hogg [2019] NSWCATOD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Hogg [2019] NSWCATOD 183 Hearing dates: 29, 30 July 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member D Armitage, Senior Member V Gibson, Senior Member B Seth, General Member Decision: (1) Ms Hogg is reprimanded. (2) Ms Hogg's registration is suspended for a period of six months from the date of this decision. (3) Pursuant to s 149A of the Health Practitioner Regulation National Law (NSW), for 24 months or such longer period as determined by the Nursing and Midwifery Council of NSW (the NMC) the following conditions are imposed on Ms Hogg's registration: (a) To forward evidence to the NMC within 7 days of commencing any employment as a registered nurse that she has provided a copy of the Tribunal's decision and these conditions to her employer. (b) To obtain NMC approval before changing the nature or place of her practice. (c) Not to be the nurse-in-charge of any shift. (d) Not to engage with an agency for the purpose of nursing. (e) Not to work night duty. (f) Not to have supervisory responsibility for any student or other health practitioner, whether registered or not. (g) To complete before the expiry of any period of suspension imposed by the Tribunal or within 12 months of commencing employment as a registered nurse, the refresher course for registered nurses (the refresher course) offered by the Sydney Adventist Hospital (or other equivalent educational course as approved by the NMC). (i) Within 2 months of the expiry of any period of suspension imposed by the Tribunal, she must provide evidence to the NMC of her enrolment in the course. (ii) Within 2 weeks of completing the course she is to provide documentary evidence to the NMC that she has satisfactorily completed the course. (iii) Within 12 months of commencing employment as a registered nurse, if not covered by, or in the opinion of the NMC, not adequately covered by the refresher course, to undertake a course of study approved by the NMC in ethical practice, communicating with patients and caring for deteriorating patients (the additional courses). (iv) Within 2 weeks of completing the additional courses she is to provide documentary evidence to the NMC that she has satisfactorily completed the additional courses. (h) To practise under indirect close supervision (in accordance with the NMC Conditions handbook). (i) To nominate a nurse manager (or equivalent) who has agreed to oversee supervision and designate supervisors. The practitioner must: (i) provide the NMC with the name, contact details and resume of the nominated nurse manager within two weeks of commencing work; (ii) authorise the nurse manager to: (i) notify the NMC of any breach of the conditions or unsafe practice; and (ii) exchange information with the NMC related to compliance with the conditions; and (iii) provide the NMC with a copy of the conditions signed by the practitioner and by the nominated nurse manager indicating awareness of the conditions and authorisation; (iii) authorise the nurse manager to provide a written report about the practitioner's performance against the standards for practice for a registered nurse approved by the NMC at 3 monthly intervals. (j) To nominate an experienced registered nurse to act as her professional mentor for approval by the NMC. (i) to meet with the mentor face-to-face on monthly basis for a minimum of 30 minutes, including to discuss the following matters: (i) any issues arising from her transition back to nursing, such as staffing levels and support and training from managers; (ii) managing her mental health in a clinical nursing environment; and (iii) showing empathy and communicating effectively with patients. (ii) to authorise the mentor to report, in an approved format, to the NMC every three months about the matters discussed in the mentoring sessions and any non-attendance. (k) To attend for treatment with Dr Luke Johnson, or other treating psychiatrist, at a frequency to be determined by the treating practitioner. (l) Ms Hogg must: (i) provide the NMC with the name and contact details of all treating health practitioners; (ii) inform all current and any future treating health practitioners of the conditions; (iii) authorise the NMC to provide each treating health practitioner with a copy of the conditions; (iv) authorise each treating practitioner to inform the NMC of termination of treatment, serious/immediate concerns about fitness to practise or changes in health status and repeated failure to attend appointments. (m) Ms Hogg is responsible for the cost associated with complying with the conditions. (4) While Ms Hogg's principal place of practice is NSW the NMC is the appropriate review body for the purposes of Part 8, Division 8 of the Health Practitioner Regulation National Law (NSW). (5) Ms Hogg is to pay 90% of the costs of the Health Care Complaints Commission, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES — health practitioner — appropriate disciplinary orders — whether practitioner is guilty of professional misconduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dowla (No 2) [2019] NSWCATOD 156 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Prakash v Health Care Complaints Commission [2006] NSWCA 153 Psychologists Registration Board of Australia v Coleman (Review and Regulation) [2013] VCAT 738 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jennifer Hogg (Respondent) Representation: Counsel: I Latham (Applicant)