By Stuart Eustice, Partner, and Holly White, Associate
Nursing and Midwifery Board of Australia v Clark  VCAT 716 (26 June 2023)
A nurse was reprimanded, suspended for three months and had conditions imposed on her registration to apply on recommencing practice after the Tribunal found she had engaged in professional misconduct. The nurse stole drugs from her workplace to satisfy an opioid addiction. When her employer identified the discrepancy, she made full admissions and sought medical treatment. She also admitted to practising when she knew or ought to have reasonably suspected she was suffering from a health condition that could adversely affect her judgment, performance or her patients’ health (although there was no evidence any patient had been adversely affected). Prior to hearing, the nurse had voluntarily not worked for over three years.
Osteopathy Board of Australia v Thompson  VCAT 682 (28 June 2023)
An osteopath was reprimanded after the Tribunal found he had engaged in professional misconduct by engaging in a sexual relationship with his patient and failing to maintain adequate clinical records for treatment provided to the patient. The Tribunal noted the sexual relation arose from between co-workers and the osteopath provided treatment after the sexual relationship had commenced. The osteopath did not use his professional position to establish or pursue the relationship. The osteopath’s registration lapsed on 30 November 2020 when he failed to renew and his application for re-registration on 19 March 2021 was not approved.
Chiropractic Board of Australia v Oborne  VCAT 770 (11 July 2023)
A chiropractor was reprimanded, suspended for two months and had conditions imposed on her registration to apply on recommencing practice after the Tribunal found she had engaged in professional misconduct by failing to maintain professional indemnity insurance cover between 2017 and 2021. Further, she made false statements that she had appropriate insurance on annual renewal declarations.
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