A nurse faces allegations of professional misconduct after attempting to steal addictive and antipsychotic medications from two separate healthcare facilities and subsequently providing misleading information to regulatory bodies. The Nursing and Midwifery Board of Australia brought the case against Chloe Cooke before the Victorian Civil and Administrative Tribunal.
Cooke began her career as a graduate nurse at Albury Wodonga Private Hospital in January 2022. In April of that year, she allegedly attempted to steal Valium, a benzodiazepine, and dexamphetamine, a stimulant. This incident led to the termination of her employment. Subsequently, the Nursing and Midwifery Council of New South Wales placed conditions on her registration, preventing her from practicing until a review was complete. This restriction was lifted in October 2022, allowing her to return to nursing.
In March 2023, Cooke secured a position at Benalla Health, where she worked until the end of the year. During her time there, she is accused of attempting to "misappropriate" Seroquel, an antipsychotic medication. Her employment was terminated shortly after this incident.
Barrister Stephanie Jootson, representing the Board, described the Albury Wodonga drug incident as "not the most serious example of misappropriation of medication" but classified it as "unlawful behaviour." Jootson emphasized that Cooke's actions involved a breach of trust, as she used her professional position to attempt to obtain the medications. The tribunal heard that Cooke also allegedly asked another staff member to acquire the medication on her behalf, potentially creating a pressured situation for that colleague and impacting the workplace. Senior Member Jonathan Smithers noted that such actions could cause staff to feel targeted.
Regarding the second incident at Benalla Health, the tribunal heard that a "dishonest representation had been made" after a significant period had passed since the event. Cooke claimed she "panicked" and entered incorrect information while trying to obtain the drugs. However, Jootson argued that this claim was not supported by facts. The misleading information was contained in a letter drafted by Cooke's legal representatives on March 15, 2024. This letter stated she had been prescribed Seroquel by her GP, her supply had run out, and she had been experiencing withdrawal symptoms. In reality, the tribunal heard, Cooke was using medication supplied by a friend, and her GP had not prescribed Seroquel. It was noted that Cooke never had a "legal supply" of the medication.
"This is dishonesty that we say there was time to consider what was being said to the Board," Jootson stated, highlighting that the misleading information was provided after careful consideration through legal counsel. Jootson further pointed out that Cooke had already faced disciplinary action for similar conduct.
Cooke, who appeared at the virtual hearing, applied for practicing registration in June 2024 but withdrew the application in December. She has expressed a desire to work in the disability and aged care sector. However, Senior Member Smithers raised concerns that workers in these sectors also have potential access to medications.
The Board is seeking an 18-month disqualification for Cooke and has expressed "serious concerns" about her ability to refrain from similar conduct if she enters the aged care and disability sector. They are also seeking a prohibition order to bar her from entering these sectors.
Barrister Alec Deasey, representing Cooke, acknowledged that the Albury Wodonga incident constituted professional misconduct. He requested a reprimand and a six-month disqualification, noting that Cooke has not worked in the field for nearly two years and would face significant scrutiny and conditions upon any approved practice.
Senior Member Smithers found that Cooke committed "professional misconduct" in both instances. Regarding the Benalla incident, Smithers stated, "The dishonesty in this particular case was not spur-of-the-moment; it was, to some degree, calculated. There was a reasonably elaborate story conveyed through the solicitors to the board." He added that this occurred in the context of Cooke having prior experience with the regulatory process, leading to the conclusion that the conduct was professional misconduct.
The tribunal is expected to deliver its final determinations in writing at a later date.