A nurse who administered Botox in a private aesthetics clinic in Letterkenny has been handed a three-month suspension in the UK.
Anne Marie Kelly, a registered nurse in Northern Ireland, faced a Nursing and Midwifery Council (Fitness to Practise) hearing for working as a nurse in the Republic of Ireland when she was not entitled to work in that jurisdiction.
The case arose from a complaint from a member of the public concerning the administration of Botox at ACE Clinic, Letterkenny, in August 2019.
In the Republic of Ireland, Botox can only be administered for aesthetic purposes by a registered doctor or a dentist or a registered nurse under the direction of a medical doctor or dentist.
HPRA Enforcement Officers attended ACE Clinic on 21 August 2019 as Ms Kelly was performing Botox administration procedures on a client.
During an interview, Kelly accepted that she had administered Botox to a total of 18 customers during three visits to ACE Clinic.
Ms Kelly had prescribed medication in the names of her patients in Strabane, not customers at ACE Clinic.
The panel told Ms Kelly that: “None of the items in your possession were authorised for use in the Republic of Ireland.”
Health inspectors said that Ms Kelly appeared surprised that she was not permitted to administer Botox within the Republic of Ireland.
The panel found that no actual harm was caused to patients and patients were not put at unwarranted risk of harm as a result of Ms Kelly’s actions.
The panel found that Ms Kelly’s conduct was ‘dishonest’ by administering aesthetic treatment and administering prescribed medication to patients in the Republic of Ireland when she knew she was not entitled to do so. She also failed to ensure the availability of precautionary medications, such as adrenaline, for use in the event of emergency when undertaking aesthetic treatments.
In a separate practice, Ms Kelly undertook flu vaccinations and took blood samples at Mourneside Family Practice, Strabane, without authorisation from the Practice to do so as she was no longer employed there.
Ms Eilish Lindsay on behalf of the Nursing and Midwifery Council said: “The public, quite rightly, expect nurses to provide safe and effective care. Ms Kelly’s actions, as set out in the charges, brought the profession into disrepute and had the potential to undermine trust and confidence in the profession.
The council heard that Ms Kelly has now stepped away from her aesthetics practice entirely and has undertaken a number of training courses since.
During her evidence during the last hearings, she said that her practicing in the Republic of Ireland was a “serious error of judgement”.
Ms Kelly’s written reflections showed remorse for her actions: “I immediately realised the seriousness of my actions. I cooperated fully with the investigation and held my hands up immediately. I have never returned to working in aesthetics…I made a serious error in judgement and this has and never will happen again.”
“I am devastated to that I made such serious errors of judgement after 30 years of an unblemished record,” she added.
The panel decided to make a suspension order for a period of three months from 30th January 2025.
Commenting on the case, Christina O’Rourke Chairperson of the Dermatology Aesthetic Nurses Association of Ireland (DANAI) said: “The Dermatology Aesthetic Nurses Association of Ireland (DANAI) promotes best practice standards in dermatology aesthetics.
“Nurses are required to work in accordance with legislation, health policy and professional guidelines issued by our regulatory body NMBI.
“It is the responsibility of each nurse to work within their scope of practice and to adhere to a strict code of ethics in line with NMBI standards.
“DANAI remains actively engaged with NMBI, Department of Health, INMO to work towards ensuring that there is full clarity on the scope of nursing practice in dermatology aesthetics.”
