OCCUPATIONAL THERAPY BOARD OF AUSTRALIA and JENKINS [2019] VR 9

STATE ADMINISTRATIVE TRIBUNAL
[2019] VR 9
14/05/2019
Health Practitioner Regulation National Law (WA) Act 2010 - Schedule s193(1)(a)(i)Referral
VR 9/2019
13 MAY 2019
MS R PETRUCCI, MEMBER
13/05/2019
Perth
OCCUPATIONAL THERAPY BOARD OF AUSTRALIA
KATHERINE AMY JENKINS

 

The Tribunal notes:

 

The Occupational Therapy Board of Australia (Applicant) alleged that there is proper cause for disciplinary action against Ms Katherine Amy Jenkins (Respondent) pursuant to s 196 of the Health Practitioner Regulation National Law (National Law) because the Respondent has behaved in a way that constitutes professional misconduct as defined in s5 of the National Law.

 

The Respondent has admitted that she has behaved in a way that constitutes professional misconduct contrary to the National Law and the parties have agreed the terms upon which the proceedings could be settled pursuant to s56(1) of the State Administrative Tribunal Act 2004 (WA).

 

By written agreement between the parties dated 9 May 2019 the parties agreed the terms upon which the proceedings could be settled.

 

The Parties have agreed the relevant facts set out in Schedule 'A'.

 

The Tribunal Orders:

 

Being satisfied by reason of the Respondent's admissions that proper cause exists for disciplinary action against the Respondent, and in order to give effect to the agreed terms of settlement of the proceeding, on 13 May 2019 it is ordered, pursuant to s56(1) of the State Administrative Tribunal Act 2004 (WA) that:

 

1.     the Respondent has behaved in a way that constitutes professional misconduct in terms of s196(1)(b)(iii) of the National Law, in that she:

 

(a)     was convicted of acting with the intention to create a false belief under s171(2) of the Criminal Code 1913 (WA) (Offence);

 

(b)     committed the Offence in circumstances where:

(i)     she, on two separate occasions, caused a crystallised substance to be sent to her place of work, an aged care facility (Facility), accompanied by a threatening letter;

(ii)     the Department of Fire and Emergency Services, chemists from the Western Australia Chemistry Centre, paramedics and the WA Police were required to attend the Facility; and

(iii)     it was ascertained that the crystallised substance was gelatine and not hazardous; and

 

(c)     failed to notify the Applicant of being charged with the Offence within seven days of becoming aware of the same in contravention of s130 of the           National Law, or at all;

 

2.     the Respondent has an impairment in terms of s196(1)(b)(iv) of the National Law;

 

3.     pursuant to s196(2)(a) of the National Law, the Respondent is reprimanded;

 

4.     pursuant to s196(2)(b) of the National Law, the following conditions be imposed on the Respondent's registration:

 

Notice of recommencement of practice

 

     1.          The Practitioner must give the Board written notice of her intention to recommence practice as an occupational therapist, no less than 14 days before recommencing practice as an occupational therapist.

 

Limitations on practice

 

     2.          The Practitioner must not exceed 25 hours of practice a week.

 

     For the purposes of these conditions, 'practice' is defined as any role, whether remunerated or not, in which the individual uses their skills and knowledge as an occupational therapist in their profession. It is not restricted to the provision of direct clinical care and includes using the knowledge and skills of an occupational therapist in a direct non-clinical relationship with a client, working in management, administration, education, research, advisory, regulatory or policy development roles and any other roles that impact on safe, effective delivery of services in the occupational therapy industry.

 

     3.          Within 14 days of recommencing practice as an occupational therapist, the Practitioner must provide to AHPRA, on the approved form (HP7), acknowledgement that AHPRA may:

 

(a)     seek reports from the Senior Practice Manager, Senior Manager, proprietor, owner or equivalent (the senior person) at each place of practice as required;

 

(b)     request and access from the senior person at each place of practice copies of rosters, pay slips, or the equivalent; and

 

(c)     have contact with, and access information from, where relevant, Medicare, private health insurers and/or practice billing data.

 

     4.          Within 14 days of recommencing practice as an occupational therapist, the Practitioner must provide to AHPRA, on the approved form (HPS7),                acknowledgement from the senior person at each place of practice that they are aware AHPRA will seek reports from them.

 

Attend treating practitioner(s)

 

     5.          The Practitioner must undertake treatment with a psychiatrist (the treating practitioner(s)) and attend at a frequency determined by the treating practitioner(s).

 

     6.          Within 14 days of the notice of the imposition of these conditions, the Practitioner must provide the following to AHPRA:

 

     a.           The contact details, on the approved form (HPF3), of all treating practitioners.

 

     b.           Acknowledgement, on the approved form (HPF3), from the Practitioner that AHPRA may seek reports from the treating practitioner(s) on a quarterly basis or as otherwise required.

 

     c.           Confirmation, on the approved form (HPNA3), from the treating practitioner(s) that they have seen a copy of the conditions on the Practitioner's registration and are aware AHPRA may contact them to seek reports.

 

Supervised practice

 

     7.          The Practitioner must be supervised by another registered health practitioner (the supervisor) when practising as an occupational therapist.

 

     For the purposes of this condition, 'supervised' is defined as:          The Practitioner must consult with the supervisor who is to be accessible by telephone or other means of telecommunication and available to attend the workplace to observe and discuss the management of patients and/or performance of the Practitioner, when necessary and otherwise at weekly intervals.

 

     8.          Within seven days of recommencing practice as an occupational therapist, the Practitioner must, on the approved form (HPN10), nominate a primary supervisor and at least one alternate supervisor to be approved by Chair of                the Board. The Practitioner must ensure that each nomination is accompanied by an acknowledgement, on the approved form (HPNA10), from each nominated supervisor that they are willing to undertake the role of supervisor and are aware that AHPRA will seek reports from them.

 

     9.          In the event that no approved supervisor is willing or able to provide the                supervision required, the Practitioner must provide a new nomination(s) in the same terms as the previous nomination(s). Such nomination must be made by the Practitioner within seven days of becoming aware of the termination of the supervisory relationship.

 

     10.          Within 14 days of recommencing practice as an occupational therapist, the Practitioner is to provide to AHPRA, on the approved form (HP10) acknowledgement that AHPRA may:

 

     a.           obtain information from relevant authorities (such as but not limited to Medicare);

 

     b.           obtain information and/or a report from the senior person at each place of place of practice as required; and

 

     c.           obtain a report from the approved supervisor on a quarterly basis or as otherwise required.

 

     11.          Within 14 days of recommencing practice as an occupational therapist, the Practitioner is to provide to AHPRA, on the approved form (HPS10), acknowledgement from the senior person at each place of practice that AHPRA may seek reports from them.

 

     12.          Within 21 days of recommencing practice as an occupational therapist, the Practitioner must provide to AHPRA, on the approved form (HPC), the contact details of the senior person at each a current place of practice. In providing this form, the Practitioner acknowledges that:

 

     a.           AHPRA will contact the senior person and provide them with a copy of the conditions on the Practitioner's registration or confirm that the senior person has received a copy of the conditions from the Practitioner; and

 

     b.           the Practitioner will be required to provide the same form:

 

(i)     within seven days of the commencement of practice at each and every subsequent place of practice, and

 

(ii)     within seven days of each and every notice of any subsequent alteration of these conditions.

 

     13.          All costs associated with compliance with the conditions on their registration are at the Practitioner's own expense.

 

5.     pursuant to s196(3) of the National Law, the review period for the above conditions is three months from the date of imposition of the conditions on the Respondent's registration; and

 

6.     the Respondent is to pay a contribution of $1,200 towards the Applicant's costs of the Tribunal application.

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