A former Dunedin Hospital nurse who indecently assaulted three women patients while working as an ambulance officer in Auckland has been censured and had his registration cancelled by the New Zealand Health Practitioners Disciplinary Tribunal.
However, it is possible he could apply for re-registration in about a year's time.
In December 2009, James Brent Henderson, of Dunedin, had been sentenced in the Auckland District Court to nine months' intensive supervision on three counts of indecent assault which occurred over nine months in 1999.
In its decision released this week on whether Mr Henderson was fit to practise, the tribunal said it was plain from the nature of the convictions and the comments of the sentencing judge the conduct in question constituted "very serious criminal offences".
At the 2009 sentencing, Judge Philippa Cunningham had noted all the victims were vulnerable, all had suffered medical incidents and Mr Henderson, as an ambulance officer and trained nurse in a position of trust, had acted with premeditation. Significant harm had occurred to the victims.
In its decision, the tribunal stated it was satisfied Mr Henderson's conduct fell well below that expected of a nurse and his conduct was totally unacceptable for any registered nurse.
It referred to the need to balance "the very serious offending involved" against Mr Henderson's stated commitment to the nursing profession and the possibility of rehabilitation.
His counsel, Anne O'Brien, told the tribunal rehabilitation needed to be considered, as Mr Henderson would like to become an industrial nurse following the end of his apprenticeship as an electrician in about a year's time.
The tribunal recommended to the Nursing Council of New Zealand it might "well wish to consider" receiving an application for re-registration on September 27 next year.
The tribunal also said the council might wish to consider referring Mr Henderson to its health committee for appropriate assessment.
On the question of censure, the tribunal said a strong message needed to be sent to all health practitioners that "conduct of this kind is inappropriate".
The tribunal was told Mr Henderson had voluntarily ceased clinical nursing practice, moving to a non-clinical role during the police investigation and later ceasing practice altogether.
In June 2009, he ceased to hold an annual practising certificate.
His previous areas of practice included mental health, cardio-thoracic specialties, cardiology, coronary care and emergency nursing.
Mitigating factors put to the tribunal included Mr Henderson's co-operation, his undertaking of extra counselling, and his candour with police, employers and the nursing council.
It was also noted the offences occurred 12 years ago and that despite extensive publicity, no-one had come forward to indicate other offending.
Mr Henderson was ordered to pay a total of $4230 in costs - some to the tribunal and some to the professional conduct committee appointed by the nursing council.
