Mr Daniel Emery – Conditions imposed and impairment

25 Jan 2017

The Health Care Complaints Commission prosecuted registered nurse Daniel Emery before the NSW Civil and Administrative Tribunal (‘Tribunal’).  The Commission alleged that on 5 July 2014 Mr Emery, while working at St Vincent’s Hospital, misappropriated morphine from a patient’s analgesia device.  The Commission also alleged that Mr Emery is impaired in that he suffers from a substance misuse disorder.

Decision

In its decision on 24 January 2017, the Tribunal found that Mr Emery is impaired but that the Commission had not proved that Mr Emery misappropriated morphine as alleged.

The Tribunal ordered that Mr Emery’s registration as a nurse be subject to the following conditions:

  • That he not possess or use any schedule 8 drugs for a minimum period of 12 months.
  • That he only possess or use schedule 4D drugs under the direct supervision of another registered nurse.
  • That he not obtain work through an agency, work any night shifts, be in charge of a shift or work as the sole nurse in a shift.
  • That he only work under supervision.
  • That he provide written evidence to the Nursing and Midwifery Council of his completion of 20 hours of Continuing Professional Development.
  • That he not self-administer any schedule 4D, schedule 8 or other specified drugs unless on the direction of his treating practitioner.
  • That he maintain therapeutic relationships with specified health providers.
  • That he undergo random Urine Drug Testing for a minimum of 12 months.
   

Further Information

The full decision is available at NSW Caselaw

For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to media@hccc.nsw.gov.au.

The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au.