RN Kevin Picones – Registration cancelled for professional misconduct

27 Apr 2018

The Health Care Complaints Commission prosecuted a complaint against Mr Kevin Picones, a registered nurse, before the NSW Civil and Administrative Tribunal (‘the Tribunal’). The complaint alleged Mr Picones’ failure to provide appropriate nursing care and maintain appropriate professional boundaries regarding his care of three vulnerable patients in the Child and Adolescent Mental Health Unit at Orange Hospital in 2015. It was specifically alleged that he: 

  • supplied Phenergan on multiple occasions to three patients on the Unit without authorization;
  • advised a patient about the quantity of medication required to take her own life; 
  • failed to intervene when a patient was attempting to self-harm;
  • allowed a patient to use his personal mobile phone to allow her to access his Facebook account;
  • failed to intervene when a female patient was attempting to engage in sexual conduct with a male patient, and providing inappropriate advice;
  • supplied cigarettes to patients within the Unit.

It was also alleged that Mr Picones was false and misleading in his written responses to the Hospital and the Commission during investigation of the matter.

Decision

On 5 April 2018, the Tribunal found most of the complaint proved and Mr Picones guilty of unsatisfactory professional conduct and professional misconduct. The Tribunal concluded that inappropriate provision of Phenergan and the failure to chart this medication was sufficiently serious to rise to the level of professional misconduct and that such conduct was both improper and unethical. The Tribunal held that ‘it involved a wilful abuse of professional position and placed the physical and psychological health of the patients in danger’. The Tribunal found the gravity of the misconduct, coupled with concerns about the veracity of Mr Picones’ evidence, required the immediate cancellation of his registration.

The Tribunal made the following  protective orders:

  • The registration of Mr Picones is cancelled with immediate effect;
  • Mr Picones is prevented from applying for a review of the cancellation order for a period of 12 months; and
  • Mr Picones is subject to a prohibition order preventing him from undertaking any health service as defined by section 4 of the Health Care Complaints Act.

 

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.