The Health and Disability Commission, in a report released today, says it is considering whether Gisborne Hospital or its staff should face disciplinary charges over the 2021 incident. Photo: RNZ Pacific / Sela Jane Hopgood
A man trying to discreetly seek preventative HIV medication says he was humiliated by Gisborne Hospital staff and denied the drug.
The Health and Disability Commission agreed and in a report released today said it was considering whether the hospital or its staff should face disciplinary charges over the 2021 incident.
The man turned up to the emergency department on a Friday night worried about potential exposure to HIV after having unprotected sex, the commission said in its report.
He was seeking access to PEP medication, an antiviral that can prevent HIV developing after high risk exposure and must be taken within 72 hours.
The man told the commission he was loudly and rudely questioned about why he needed the medication in front of other patients, then told to go to a general practitioner (GP) instead.
Deputy commissioner Vanessa Caldwell said the man should have been given the drug by the hospital - and given privacy.
"Questioning someone about their sexual history in a waiting room and behind a plexiglass screen is inappropriate and as such, I am critical that Hauora Tairāwhiti failed to provide the man with a confidential environment to maintain his privacy and dignity."
She expanded on the matter in her written report.
"... as soon as the nature of the man's presenting complaint was established, specifically that he was concerned about HIV exposure, the appropriate step of using a 'fast track' room should have been taken to discuss the man's request for HIV PEP, given the sensitive nature of the request."
She noted the man felt there was a racist undertone to the nurse's behaviour.
Te Whatu Ora initially told the commission that the hospital had not denied the man care by refusing to give him the drug, because it had told him to see a GP.
But the commissioner disagreed, saying it did not question the man on how long ago he had been exposed, which would have established what the timeframe was to get the drug.
They had failed to provide him with proper care, she said.
"I acknowledge the resource constraints faced by Tairawhiti ED at the time. However I remain of the view that these failures were unacceptable," she said.
Caldwell has referred the matter to the commission's director of proceedings who will decide whether any disciplinary action should be taken.