Registration cancelled for indecent assault.
EWAN DOUGLAS RAE, RN
Palmerston North registered nurse Ewan Douglas Rae has had his registration cancelled following his conviction for indecent assault on a 14-yearold girl. Rae was convicted in the Whanganui District Court in August 2011 and sentenced to 12 months' imprisonment and a range of special conditions for six months following release. The offence occurred in December 2010.
At a Health Practitioners Disciplinary Tribunal hearing in June 2012, the Professional Conduct Committee (PCC) said the conviction reflected adversely on Rae's fitness to practise as a nurse. The PCC also referred to a previous conviction of Rae's for indecent assault on an adult female, which had resulted in the tribunal suspending Rae from practice.
Referring to the 2011 conviction, the tribunal stated it involved behaviour of a sexual nature to a young and vulnerable person and reflected "completely adversely" on what was required of
Rae professionally as a nurse, and the restraint and self control this role demanded. Although the conduct did not concern a patient of Rae's, that did not alter the consideration that criminal behaviour towards the young woman reflected adversely on his ability to discharge his ethical and professional standards and obligations towards patients, in his capacity as a nurse.
Victim 'significantly traumatised'
The tribunal said the only course open to it was to cancel Rae's registration. He had offended a second time and "significantly traumatised" the young female victim. He had acknowledged at the hearing that he did not have his sexual behaviour under control and had been taking steps to try to improve the situation.
As well as cancelling Rae's registration, the tribunal censured him and ordered him to pay $1000 in costs, divided equally between the tribunal and the PCC. It also imposed conditions that he must satisfy before he could apply for registration as a nurse again. He must establish, to the satisfaction of the Nursing Council, that he had attended courses on appropriate sexual behaviour towards all patients and the public generally, and on the ethics of the nursing profession.
He must meet any requirements as to his inappropriate sexual behaviour and, subject to his consent, any treatment or therapy the Nursing Council may require. He must have such supervision for as long as required by the Nursing Council, as a consequence of the outcome of any psychiatric examination.
The tribunal also directed that a notice stating the effect of its decision be published in Kai Tiaki Nursing New Zealand and the Nursing Council's newsletter News Update.
The full decision is available on the tribunal's website, firstname.lastname@example.org, reference 471/Nur12/208P.