James M Kenny

As a registered operating department practitioner (ODP24168) your fitness to
practise is impaired by reason of misconduct and/or lack of competence and/or
conviction and/or health, in that:

1. On a date between around 28 January 2018 and 11 March 2018 you drew
up drugs for use in theatre when you had previously indicated that you had not
drawn up drugs for a long time and were not able to draw up drugs for use in
theatre.

2. On a date between 1 September 2017 and 5 September 2019, when setting
up an intravenous drip for use in surgery, the spike touched your hand and you
continued to try to put the spike into the IV bag, which risked causing infection.

3. On a date between 1 September 2017 and 5 September 2019, you replaced
a patient's intravenous cannula when you had not been certified by your
employer as competent to do so.

4. On or around 23 April 2019 during an assessment you failed to demonstrate
adequate knowledge and/or competence in relation to airway devices and/or
anatomy and physiology of the respiratory system and/or preparation of
equipment in that:

a) you did not adequately explain how and/or when a selection of airway
adjuncts would be used; and/or
b) you did not adequately explain why you would use a cuffed oral
endotracheal tube instead of a laryngeal mask; and/or
c) you failed to complete a written assessment regarding the respiratory
system; and/or
d) you did not adequately explain how you would respond in an emergency
in theatre.

5. On or around 29 April 2019 during an assessment you failed to demonstrate
adequate knowledge and/or competence in relation to pharmacology in that
you:
a) recorded the wrong duration of action for Propofol; and/or
b) got the dosage and presentation of Atropine the wrong way around.

6. On or around 3 May 2019 during an assessment you failed to demonstrate
adequate knowledge and/or competence in relation to patient monitoring in that
you:
a) wrote "ECG leads detect normal sign of rhythm as a wave form", which
is not correct; and/or
b) drew a diagram of a wave form which was incorrect; and /or
c) drew a diagram of where ECG leads are placed and got the yellow and
green leads the wrong way around.

7. You did not inform the HCPC that your registration as an anaesthetic
technician with the Medical Sciences Council of New Zealand had been
suspended.

8. Your conduct in relation to Particular 8 above was dishonest in that:
a) you were aware that the Medical Sciences Council of New Zealand had
suspended your registration; and
b) you knew that you were required to notify the HCPC of your suspension
by the Medical Sciences Council of New Zealand.

9. On or around 25 October 2016 when applying to renew your registration with
the HCPC you signed declarations confirming the following:
a) "I have continued to practise my profession since my last registration"
and/or
b) "There have been no changes to my health or relating to my good
character which I have not advised the HCP about and which would
affect my safe and effective practise of my profession"; and/or
c) "I continue to meet the HPC's standards of proficiency for the safe and
effective practise of my profession".

10.The declaration(s) in 9(a) and/or 9(b) and/or 9(c) were inaccurate.

11.Your conduct in relation to Particulars 9 and 10 above were dishonest in that
you knew that the declaration(s) was/were not true.

12.On 28 January 2021 you were convicted at Salisbury Magistrates' Court of
two charges of intentionally touching a man aged 16 or over and that touching
was sexual when he did not consent and you did not reasonably believe that he
was consenting, contrary to section 3 of the Sexual Offences Act 2003.

13.On 28 January 2021 you were convicted at Salisbury Magistrates' Court of
assaulting an emergency worker, namely a police constable, acting in the
exercise of his functions as such a worker, by beating him, contrary to section
39 of the Criminal Justice Act 1988 and section 1 of the Assaults on Emergency
Workers (Offences) Act 2018.

14.On 28 January 2021 you were convicted at Salisbury Magistrates' Court of
assaulting an emergency worker, namely a detention officer, acting in the
exercise of his functions as such a worker, by beating him, contrary to section
39 of the Criminal Justice Act 1988 and section 1 of the Assaults on Emergency
Workers (Offences) Act 2018.

15.You did not inform the HCPC that you had been convicted of the offences at
Particulars 12, 13 and 14 above.

16.Your conduct in relation to Particular 15 above was dishonest in that you
knew you were required to notify the HCPC of these convictions and you failed
to do so.

17.The matters set out at Particulars 1 to 6 above constitute misconduct and/or
lack of competence.

18.The matters set out at Particulars 7 to 11 and Particulars 15 to 16 above
constitute misconduct.

19.You have a physical and/or mental health condition as set out in Schedule
A.

20.By reason of your misconduct and/or lack of competence and/or conviction
and/or health your fitness to practise is impaired.

Schedule referred to the Conduct and Competence Committee

Schedule A

[Redacted]