E v Psychologists Board of Queensland [2003] QHPT 9

HEALTH PRACTITIONERS TRIBUNAL OF QUEENSLAND CITATION: E v Psychologists Board of Queensland [2003] QHPT 009 PARTIES: E Registrant v PSYCHOLOGISTS BOARD OF QUEENSLAND Registrant’s Board FILE NO/S: D2178/03 DIVISION: Health Practitioners Tribunal PROCEEDING: Disciplinary action ORIGINATING COURT: Health Practitioners Tribunal DELIVERED ON: 11 September 2003 DELIVERED AT: Brisbane HEARING DATE: 11 September 2003 MEMBERS: M W Forde DCJ; Ms M Burgess, Mr R Dooley; Ms D Britton ORDER: The Registrant’s registration is cancelled CATCHWORDS: Psychologist – impairment –depression Health Practitioners (Professional Standards) Act 1999 ss 107, 109 118, 123 and 241(2) APPEARANCES: Registrant – In Person Mr I Cowan, Solicitor for the Board SOLICITORS: Gilshenan & Luton for the Medical Board of Queensland Introduction [1] The Psychologists Board of Queensland (the “Board”) has referred the matter of E (the “Registrant”) to the Health Practitioners Tribunal (the “Tribunal”). The reference is pursuant to s 118(1)(a) of the Health Practitioners (Professional Standards) Act 1999 (the “Act”). Following an investigation the Board was of the belief that a disciplinary matter exists in relation to the Registrant. In that event, if -- 1 of 5 -- 2 this Tribunal decides that a ground for disciplinary action has established against the Registrant who was registered at the time of the decision then alternative sanctions are open pursuant to s 241(2) of the said Act. Background [2] As part of the procedure to determine whether the Registrant was impaired, a Health Assessment was undertaken pursuant to s 107 of the said Act. Pursuant to s 109 of the said Act a report from the psychiatrist, Dr Nigel Prior, was obtained and was included in that Assessment. In preparing that report, the non-confidential nature of his interview with the Registrant was explained and the relevant medico legal consent was obtained. The referral notice was filed on 30 June 2003. No material has been filed on behalf of the Registrant. The Registrant has the status of “conditional inactive”. The Registrant was required to notify the Board in writing if she wished to recommence practice as a conditionally registered psychologist. Nature of Report of Dr Prior [3] Dr Prior interviewed the Registrant on 5 March 2003. He set out in some detail the history of the Registrant. She had graduated as a psychologist at the end of 2000. She started to become depressed in early 2001 with various symptoms. There were claims of various personal tragedies within the family including suicide. There was an allegation of a sexual assault. Her employment at the Corrective Services Commission was terminated on 27 January 2002. She had made a threat to a colleague and this was subject to a police investigation. She was subject to treatment by a consultant psychiatrist, Dr Jon Steinberg from early 2002. She was initially treated with anti-depressants but took an overdose and was admitted to New -- 2 of 5 -- 3 Farm Clinic in April 2002. Over a four week period she improved with medication and returned to work with the Red Cross in a laboratory on a full time basis. Unfortunately she was re-admitted to New Farm Clinic in September 2002 as she was unable to cope with the stresses of work. There was a worsening of her neuro- vegetative disturbance, paranoid ideas and an escalation in suicidal ideation. Further treatment by Dr Steinberg resulted in an improvement in her mental health. [4] The Registrant has had long term problems since the age of 17 years. The paranoid ideas started about then. By the age of 20 she became depressed. She then developed a three-year relationship with another woman on delusional belief that she could get her boyfriend back if she did everything her female partner told her to do. By age of 26 she became depressed. She mixed blood samples whilst working as a laboratory technician with a large pathology practice. She was dismissed as a result of that act. At the age of 29 she became depressed again while studying and experienced hallucinations and paranoid ideas for over 12 months. There is a family history of depression. She presently is married and has been married for six years. The relationship has been in existence for some eight years. There are no children. [5] The conclusions reached by Dr Prior are that the Registrant is suffering from a major depressive disorder, recurrent with severe mood congruent psychotic features which are in partial remission. He is of the view that the Registrant should be suspended because of her mental disorder which would affect her physical and mental capacity to perform her profession. This view is shared by Dr. Steinberg (“FRSJ-8”). He is unable to give a definite time frame for any recovery period. Dr Prior says that when ill she is a danger to herself and her colleagues and her clients. -- 3 of 5 -- 4 Dr Prior is of the view that an suspension is appropriate on the basis that she has had recurrent illnesses since the age of 15 years and that the psychotic episodes have been precipitated by the nature and degree of stressors that she would face day-to-day working as a psychologist. He believes that if she is able to maintain a well state for say five years then it may be appropriate to reconsider her status and her registration as a psychologist but not to practise in a clinical capacity. The report of Dr Prior was given to her treating psychiatrist, Dr Steinberg. The opinions of Dr Prior have not been challenged. Legislation [6] The term “impairment” is defined in the schedule to the Act as follows: “Impairment of a Registrant means a Registrant has a physical or mental impairment, disability, condition or order that detrimentally affects or is likely to detrimentally affect the Registrant’s physical or mental capacity to perform the Registrant’s profession and includes substance, abuse or dependence.” [7] The objects of the Act as set out in section 6 are as follows: “(a) to protect the public by ensuring health care is delivered by Registrants in a professional, safe and competent way; and (b) to uphold the standards of practice within the health profession and to maintain public confidence in the health profession.” [8] The Tribunal is satisfied that the Registrant is impaired within the meaning of the Act. The Tribunal has had regard to the purposes of disciplinary proceedings and disciplinary action as provided for in s 123 of the said Act, namely to protect the public, to uphold standards of practice within the health profession and to maintain public confidence in the health profession. -- 4 of 5 -- 5 Orders [9] The Registrant’s registration is cancelled pursuant to s 241(2)(i) of the said Act and the Registrant must not be registered by the Psychologists Board of Queensland for a period of at least four years. It is further ordered that the details of this order be recorded in the Board’s register for the duration of the order. [10] No order as to costs. -- 5 of 5 --