Legal corner tweeting her Facebook postings to the minister of health and to the leader of the opposition. In response, CS stated that she wanted them to know about her concerns and that people were often afraid to speak out about their experiences. Tellingly, once she tweeted her Facebook posting, it entered the public domain of social media and beyond her‘ control’.
Legal corner tweeting her Facebook postings to the minister of health and to the leader of the opposition. In response, CS stated that she wanted them to know about her concerns and that people were often afraid to speak out about their experiences. Tellingly, once she tweeted her Facebook posting, it entered the public domain of social media and beyond her‘ control’.
The second aggravating issue was that CS at no stage brought her concerns to the attention, either formally or informally, of the executive director or any other staff at the facility. CS`s position was further worsened by the fact that under cross-examination, she admitted no particular expertise in palliative care or end-of-life care.
There was no finding of naivety or lack of knowledge in using social media. Based on CS`s evidence, it was clear to the tribunal that she was a frequent and sophisticated user of social media. She enjoyed sharing articles, making comments and inviting discussion, frequently about healthcare issues. In other words, she used social media to stimulate debate and discussions concerning health-related matters.
A significant submission made by CS was to assert that the posts were undertaken in her own home( away from the workplace) and in her own time. Hence CS`s argument was that the nursing tribunal did not have jurisdiction to determine the matters. Her submission was that her conduct did not have to comply with and was beyond the‘ reach’ of the relevant codes of conduct and ethics for nursing, as it occurred at home, not in the work place, and hence outside of a‘ nursing practice’ environment.
The tribunal( rightly based on precedent) rejected this submission, and in so doing highlighted the porous boundaries of conduct categorised as work, professional and private. While many of the provisions of the Code and Standards refer to‘ nursing practice’ or‘ nursing care’, many provisions do not. The tribunal stated that the Codes and Standards should be interpreted broadly in order to meet their intent and purpose, which is to protect the public and promote the public standing of the profession of registered nursing.
This lead to a discussion about the principles of responsibility for offduty conduct and the application of those principles to this case. Relying on precedent cases, the tribunal found that various regulated professionals are investigated and, depending on the facts of the case, disciplined for‘ off-duty’ conduct, and in so doing cited one judgement:
“ It is well settled, I think, that a professional [ person ] may expose [ themselves ] to disciplinary proceedings for conduct entirely outside [ the ] actual practice of [ their ] profession, if the conduct reflects on [ them ] in a professional way.”
This case demonstrates that postings on social media made by nurses need to be very carefully and thoughtfully undertaken, as their professional responsibilities are not just confined to physical work hours or their physical workplace. Remember, think twice before you post once! ■
Scott Trueman is a lecturer in the School of Nursing, Midwifery and Nutrition at James Cook University.
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