Allegations that a nurse took medication, including a controlled drug, without proper authorisation are being considered by a fitness-to-practice committee.
The inquiry, which concluded on Friday, had previously heard that on October 14th and 15th, 2020, the nurse allegedly accessed OxyNorm, a controlled drug, at a private general hospital without a valid prescription.
OxyNorm, a painkiller, contains Oxycodone, which is a controlled drug.
It is also alleged that the registrant, a general nurse, took various other medications that were not prescribed for her or intended for her personal use. It is further alleged she self-administered some of the medication.
RM Block
An order prohibited the naming of the nurse, committee members, legal representatives and witnesses at Friday’s Nursing and Midwifery Board of Ireland (NMBI) hearing.
The nurse, who attended the online proceedings without legal representation, has admitted the allegations and also that her conduct amounted to professional misconduct and breaches of the code of conduct for nurses.
Previously, evidence was provided by the director of nursing, assistant director of nursing, patient safety executive, head of HR, a clinical nurse manager and a chief pharmacist. This evidence was accepted by both parties.
Friday’s hearing was to consider the advice of the legal assessor, who said there were many facts agreed upon in the case but that the committee was still obliged to evaluate whether it accepted such evidence as proven.
He added that the committee must approach the evidence presented in a clinical fashion, without sympathy for either party, especially if onewas not legally represented.
The legal assessor also referred to the legislative definition of a “relevant medical disability” in relation to a medical practitioner, which is a physical or mental disability, including addiction to alcohol or drugs, which may impair the practitioner’s ability to practise.
He said the committee must be satisfied beyond a reasonable doubt that, as of Friday, the nurse had a mental disability. If they were so satisfied, then they must consider whether they were further satisfied that that disability may impair the nurse’s ability to practice.
Regarding sanction, he said it must be proportionate to the findings of the committee, which should take into account aggravating and mitigating factors and the circumstances of the case.
He referred to a previous submission by the barrister for the chief executive of the NMBI that the behaviour of the nurse was “serious and potentially involved a degree of dishonesty”.
A mitigating factor, he advised, may include that there have been restrictions on the nurse’s ability to practice for a considerable time.
The committee chair, in concluding the inquiry, said its findings would be announced on a future date.
