Decisions by the Health Practitioners Disciplinary Tribunal
The Health Practitioners Disciplinary Tribunal, when hearing a charge involving a midwife, comprises a chairperson who is a lawyer, three midwives and a layperson. All Tribunal members are appointed by the Minister of Health.
When a charge of professional misconduct is found by the Tribunal to be proven, it usually orders its decision be published so everyone can see that health professionals are accountable for their practice. It also makes it clear to both the public and to the profession what the standard of practice reasonably to be expected of a health professional.
Health Practitioners Disciplinary Tribunal Decisions
- The HPDT in August 2018 found proven three charges involving fraudulent prescribing, inappropriate and or/manifestly excessive prescribing of Tramadol, and unlawful prescribing of the controlled medicine codeine against midwife Danielle Hart-Murray. Cumulatively, this conduct brought discredit to the midwifery profession and amounted to professional misconduct on Ms Hart-Murray's part. The Tribunal ordered: the cancellation of Ms Hart-Murray's registration; censure; and costs of $6000.
- In November 2017, the HPDT found that midwife Tracey Jane Goff practised within the midwifery scope of practice between October 2015 and January 2016 when she did not hold a practising certificate as she had been suspended by the Midwifery Council because it perceived she presented a danger to the public. It regarded her conduct as being at the most serious end of misconduct and that she is not a fit and proper person to hold registration as a midwife. It therefore censured Ms Goff and ordered her deregistration.
- In September 2017, the Tribunal considered charges laid by the Professional Conduct Committee that the two convictions of midwife Pania Lee Nin for false claiming for maternity services and obtaining by deception a pecuniary advantage reflected adversely on Ms Nin's fitness to practise as a midwife. The Tribunal found the charges to be proven and of such seriousness that is censured Ms Nin and ordered that her registration as a midwife be cancelled.
- In May 2017, the Tribunal considered a number of charges relating to inadequate referral, inadequate/inappropriate assessment and care, and putting the safety of the woman at risk on the part of midwife Tracey Jane Goff. The Tribunal found the charge was established and that Ms Goff's conduct constituted professional misconduct. It ordered, amongst other things, that the Midwife be censured, and conditions placed on her practice for a period of 3 years once her suspension is lifted by the Midwifery Council.
- In September 2015, the Tribunal considered charges that Midwife Y had entered into and carried on a sexual or intimate relationship with the partner of her then client when she was providing midwifery services to the Mother as a Lead Maternity Carer. The Tribunal found the charge was established and that Ms Y's conduct constituted professional misconduct. It ordered, amongst other things, that the Midwife be censured and conditions placed on her practice. The Midwife appealed the Tribunal's decision on a finding of fact and on the Tribunal's decision not to grant her permanent name suppression. The High Court allowed the appeal and overturned the finding of fact and granted the midwife permanent name suppression. The Tribunal produced an amended decision in December 2016.
- In September 2014, the HPDT found that midwife Jue (Lisa) Wang's being convicted on three representative charges of dishonesty using a document with intent to obtain a pecuniary advantage reflected adversely on Ms Wang's fitness to practise as a registered midwife.
- In December 2013, the HPDT found charges of professional misconduct and of practising without holding a current practising certificate against midwife Cesilia (Tillie) Laufiso were proved.
- At a hearing held 27 September 2013 the HPDT considered charges of professional misconduct, laid by a Professional Conduct Committee against midwife Ms Kassee Flavell-Neville.
- On 2 August 2013, the HPDT found the charges against midwife Cheryl Nancy Baker were proved.
- At a hearing held on 18 - 21 February 2013 the HPDT considered a charge of professional misconduct, laid by the Director of Proceedings against midwife, Ms Jan Scherp. The Tribunal found that Ms Scherp was not guilty of professional misconduct.
- On 25 June 2012 the HPDT found the charges of profession misconduct against midwife Patricia Emily Mason were proved.
- In August 2010 the HPDT found the charges of professional misconduct against midwife Mary Elizabeth Casey (Christchurch) were proved. The Tribunal ordered that Ms Casey's registration as a midwife be cancelled. (Note: this is not RM Mary Elizabeth Casey who practises in Auckland).
- In August 2010 the HPDT found the charges of professional misconduct against midwife Nicola Tollandwere proved.
- In August 2010 the HPDT found that charges of professional misconduct against midwife Christine Hawea were proved.
- In June 2009 the HPDT found charges of professional misconduct against midwife Monique Kapua were proved. The Tribunal ordered that Ms Kapua's registration as a midwife be cancelled.
- In April 2009 the HPDT found charges of professional misconduct against a midwife referred to as Ms N were proved.
- In June 2008, the HPDT found charges of professional misconduct against midwife Bala Naidu were proved.
- In October 2007, the HPDT found a charge of professional misconduct against midwife Sharon Louise Robertson was proved.