Allegations and Plea

The College alleged that the Member was found guilty of criminal offences relevant to her suitability to practise, namely, theft, fraud and failure to comply with an undertaking to a peace officer; altered or fabricated Annual Payment Cards; practised nursing under a name other than the name on the College register; practised nursing after voluntarily surrendering her certificate of registration; and engaged in conduct that would be regarded as disgraceful, dishonourable or unprofessional.

The Member was neither present nor represented by counsel at the hearing. The hearing proceeded on the basis that the Member denied the allegations.

Evidence

The Member was registered with the College in 1985. In 2001, she voluntarily surrendered her certificate of registration and undertook not to practise. In August 2007, the Member was convicted criminally of theft and fraud under $5,000 and failure to abide by an undertaking with a peace officer.

In 2009, the Member’s employer discovered that her Annual Payment Cards from 2007 to 2009 appeared to be forged. The current director of the facility testified that the Member worked there until she was unable to provide an acceptable current certificate of registration. The Member had submitted a poor copy, and then a copy with discrepancies in the dates. The director searched for the Member on the College’s website under the name Heather Garvin, the name under which she had been employed. There was no listing for Heather Garvin; however, the listing for Heather Cox included a notation that the Member was not entitled to practise. Her employment was terminated.

Some months later, the Member began employment in a family practice. Three witnesses from the family practice—the office manager, a physician and a nurse—testified that the Member represented herself as a nurse. Multiple documents indicated that she used the name Heather Garvin instead of Heather Cox. The Member also performed controlled acts.

Finding

The Panel found that the evidence supported findings of professional misconduct as alleged. The Member’s conduct would be regarded as disgraceful, dishonourable and unprofessional. The criminal findings of guilt are relevant to suitability to practise. For one charge, the Member failed to abide by an undertaking entered into with a peace officer, helping the Panel come to the conclusion that the Member is ungovernable.

Submissions on Order

The College sought an oral reprimand and a revocation. The Member practised without a valid certificate of registration and was unwilling to meet the minimum standards required by the College.

Panel Order

The Panel accepted the submission as reasonable and in the best interest of the public. The repetitive nature of the Member’s misconduct and the falsification of records demonstrate that she lacks honesty and trustworthiness, and that she is ungovernable. The Panel ordered that the Register reflect the Member’s married and maiden names to ensure public safety.

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