Drug addict nurse loses appeal to work

A PETHIDINE-affected nurse who rubbed a patient's breasts and bottom and laughed while swinging the patient's underpants above her head has lost a bid to be reinstated on the New South Wales nurses register.

Lia Margaret Shelley, 53, lodged an appeal with the NSW Supreme Court after being struck off the register last year for professional misconduct, including improper use of pethidine.

The Nurses and Midwives Tribunal ordered Shelley's name be removed from the register for at least two years and nine months from July 20, 2006.

Today, Justice John Hislop dismissed Shelley's claims that the tribunal did not have the power to make the order; that it had failed to consider evidence showing her professionalism and innocence; and that the hospital did not undertake any proper investigation of the allegations.

"In my opinion, no error of law has been demonstrated and, accordingly, this ground of appeal fails," Justice Hislop wrote in his judgment.

One complaint relates to Shelley's work at Newcastle's John Hunter Hospital, where, on June 7, 2003, the tribunal found she self-administered pethidine while on duty.

Facts tendered to the tribunal said while showering a female patient that day, Shelley threw a face washer and soap at the patient, hitting her in the groin.

She is also said to have washed the patient's legs in an inappropriate and suggestive manner, inappropriately touched a rubbed the patient's breasts, and hit the patient on the head with a shampoo bottle.

"After (the patient) had been showered the nurse ... swung (the patient's) underpants above her head and laughed," the facts read.

"The plaintiff's behaviour was a result of her use of pethidine on that evening," the tribunal found.

Shelley worked at John Hunter Hospital between 2000 and 2003 and has not worked as a nurse since.

Shelley was sacked from Newcastle's Warners Bay Private Hospital for wilful misconduct in February 1999.

She had worked there for more than eight years.

The tribunal found that during 1998 and 1999, Shelley destroyed numerous doses of pethidine without having the destruction witnessed as required, and also administered pethidine to patients contrary to written medical orders.

The tribunal found she suffered migraine headaches and was addicted to pethidine – both factors negatively affecting her capacity to practise nursing.

"An order removing a person's name from the register is made in protection of the public," Justice Hislop's judgement said.

Shelley will be eligible to reapply for registration after April 2009.

Source: news.com.au