Unregistered nurse could put forensic tests at risk

AN INVESTIGATION into how an unregistered nurse was allowed to work at a sexual assault treatment unit in Donegal should be completed shortly, the HSE has said.

Though there is no statutory obligation that a person who carries out forensic tests be registered, the incident could mean forensic evidence gathered at the unit in Letterkenny General Hospital may be open to challenge.

The woman, who was one of two clinical nurse specialists working at the unit, had been removed from the register for non-payment of fees.

Some 25 people who had been treated at the unit after being sexually abused or raped were contacted this week, it said.

Caroline Counihan, barrister and legal director with the Rape Crisis Network of Ireland, said there was no statutory requirement that a person carrying out tests in cases of sexual assault, or giving evidence, should be on the register. But the issue could be raised by the defence to undermine the evidence and it could make the task of the Director of Public Prosecutions more difficult.

It could also increase the level of stress and uncertainty for victims by introducing an additional source of uncertainty for them.

But chief executive of the Dublin Rape Crisis Centre, Ellen O’Malley Dunlop, said the incident was isolated and did not reflect the overall service around the country. She urged victims of sexual assault not to be put off presenting to their local sexual assault treatment unit.

“While it is totally unacceptable that a nurse working in the HSE system is not registered and that this is not detected by the system, it is an isolated case,” she said.

“It does not reflect the excellent work and the new developments in the training of Ireland’s first forensic nurse specialists who now work in the sexual assault treatment units throughout the country.” A spokeswoman for the HSE said it had appointed two independent experts, Rosemary Ryan, risk manager at Irish Public Bodies, and Mary McCarthy, former chief nursing officer at the Department of Health, to investigate the matter.

The investigation would establish how the woman could continue to practise without being actively registered. It would also look at any issues relating to professional practice in the unit and would provide recommendations on any measures that need to be put in place to prevent a recurrence, the spokeswoman said.

A Garda spokesman said gardaí were working closely with the HSE to ensure those involved were notified and were kept fully informed of all developments.

“We have also brought this matter to the attention of the office of the Director of Public Prosecutions,” he said.

Sexual assault treatment units carry out forensic tests which can be used in prosecutions. There are six in Ireland.