Tribunal disqualifies former nurse for a year

04 Jan 2022

A tribunal has disqualified a former nurse from reapplying for registration for a year following professional misconduct.

In December 2018, Ms Emily Bohmer stole drugs of dependence from the hospital where she was employed as a nurse. When Ms Bohmer was confronted by her employer about stealing the drugs, she immediately admitted what she had done and resigned.

In January 2019, police searched Ms Bohmer’s home and found cocaine. Ms Bohmer was charged by police and on 21 March 2019 pleaded guilty to theft, use of drugs of dependence and possession of cocaine.

The Magistrate took Ms Bohmer’s personal circumstances into account (in particular, that she was a victim of serious domestic violence) and imposed a 12-month good behaviour bond, without recording a conviction.

Ms Bohmer surrendered her nursing registration on 31 May 2019. 

The Nursing and Midwifery Board of Australia referred Ms Bohmer to the Victorian Civil and Administrative Tribunal (the tribunal), alleging that Ms Bohmer:

• stole Schedule 4 and Schedule 8 drugs from the hospital where she worked for self-administration and administered a Schedule 8 drug to a patient without clinical justification
• possessed and used cocaine, and 
• failed to notify the Board within 7 days that she had been charged with an offence punishable by 12 months imprisonment or more.

The tribunal found the allegations proven, except that it was not satisfied that there was enough evidence to prove that Ms Bohmer administered a Schedule 8 drug to a patient without clinical justification.

The tribunal found that Ms Bohmer’s conduct amounted to professional misconduct and unprofessional conduct. The tribunal reprimanded Ms Bohmer and ordered that she be disqualified from reapplying for registration for a year. The tribunal noted that Ms Bohmer would need to undergo an extensive rehabilitative journey in order to return to the practice of nursing in the future. It emphasised that the disqualification period of 12 months was not a judgment as to when Ms Bohmer will be fit to be registered again. 

The tribunal’s decision was published in 2 parts, on 12 August 2021 and 17 September 2021.  The decisions are available on the Austlii website here and here.