Panel hearing summary 2022.0915

Decision of the Nursing and Midwifery Board of Australia

Performance and professional standards panel 

Jurisdiction: Queensland
Date of Decision: 2 November 2022

Classification of Notification

Boundary violation - Inappropriate physical contact

Summary

The Board referred allegations that the Practitioner failed to maintain professional boundaries with a patient/resident, in breach of the Board’s ‘Code of Conduct for Nurses’ (which is to be read in conjunction with the ‘ICN Code of Ethics for Nurses’),by hugging and/or kissing the patient/resident,and/or stroking his face.

The Panel accepted the admissions of teh Practitioner and found the allegation proven and they amounted to unprofessional conduct. 

The Panel was satisfied that the conduct was highly unlikely to be of a sexual nature based on the evidence available. The Panel noted the Practitioner had engaged in reflection (including with her treating psychologist), demonstrated appropriate insight, was in the process of planning to undertake further education courses in professional boundaries (regardless of the Panel’s decision) and was better supported  in the clinical setting. 

The Panel felt that the Practitioner posed little risk to the public moving forward and considered a caution was sufficient, serving as a formal warning to the Practitioner to refrain from engaging in similar conduct again.