Health Care Complaints Commission v De Guzman [2021] NSWCATOD 83

Health Care Complaints Commission v De Guzman [2021] NSWCATOD 83

The practitioner's admitted improper and unethical conduct in using illicit drugs while practising nursing; his ongoing impairment due to chronic Schizophrenia and amphetamine use disorder; and current lack of fitness and competence to practise nursing, constitute professional misconduct justifying cancellation of registration and a five-year prohibition on seeking reinstatement to protect public health and safety.

Parties
Applicant: Health Care Complaints Commission; Respondent: Michael De Guzman
Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Occupational Disciplinary Proceedings / Final Orders/decision
Outcome
Registration cancelled and five-year prohibition on seeking reinstatement; each party to bear own costs by consent.
Legal Topics
Professional Misconduct, Impairment, Unsatisfactory Professional Conduct, Protective Orders, Cost Orders
Health Law Professional Discipline Professional Misconduct Impairment Unsatisfactory Professional Conduct Protective Orders Cost Orders

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Parties

Health Care Complaints Commission

Applicant

Michael De Guzman

Respondent

Procedural Posture

Occupational Disciplinary Proceedings / Final Orders/decision

Legal Issues

  1. 1 Whether the practitioner engaged in improper or unethical conduct by using illicit drugs while practising nursing
  2. 2 Whether the practitioner suffers an impairment that detrimentally affects capacity to practise
  3. 3 Whether the practitioner is not competent to practise due to mental health condition

Ratio Decidendi

The practitioner's admitted improper and unethical conduct in using illicit drugs while practising nursing; his ongoing impairment due to chronic Schizophrenia and amphetamine use disorder; and current lack of fitness and competence to practise nursing, constitute professional misconduct justifying cancellation of registration and a five-year prohibition on seeking reinstatement to protect public health and safety.

Court Disposition

Registration cancelled and five-year prohibition on seeking reinstatement; each party to bear own costs by consent.

Orders

  • Registration of Michael De Guzman cancelled pursuant to s 149C(1) Health Practitioner Regulation National Law (NSW).
  • Practitioner prohibited from seeking a reinstatement order for five years pursuant to s 149C(7) National Law.