Allegations and Plea

The College alleged that the Member borrowed or attempted to borrow money from three clients and attempted to solicit funds for her church from a client; failed to administer medications for two clients but charted that she did administer them; practised nursing and performed controlled acts at two different facilities while her certificate of registration was suspended; and engaged in conduct that would be regarded as disgraceful, dishonourable or unprofessional.

The Member admitted to the allegations, and the College and the Member jointly submitted an agreement to the following facts.

Agreed Facts

At Facility A, a long-term care facility, the Member told Client A that she needed money to move to a new home. Client A wrote her a cheque for $2,000, which the Member considered to be an unsolicited gift. The Member asked to borrow $875 and $900 from Client B because of personal financial hardships. Client B refused the request, but the Member gave him her contact information in case he changed his mind. The Member approached Client C with a pamphlet from her church and asked for a donation. The Member also discussed her financial problems, including that her roommate could not pay rent. Client C gave no money to the church or the Member. The Member approached Client A again for a loan of $850. Client A declined and notified her power of attorney.

On two occasions, the Member signed as having administered a number of medications. In both instances, the medications were found on the next shift.

The Member was given four reminders about renewing her membership for 2010. Twice, she submitted incomplete Annual Renewal Forms. As a result, her registration was suspended in March. She continued to work at Facility B after this date and performed several controlled acts. She also accepted a position at Facility C in June, even though she was aware that her certificate had been suspended in March. She charted in medical records and used the RPN designation. When Facility C learned in September that her certificate had been suspended, she was employed as an unregulated care provider (UCP). She administered vitamin B-12 to two clients by intramuscular injection, which is a controlled act authorized to current members.

Finding

The Panel found that the evidence supported findings of professional misconduct as alleged. The Member’s failure to administer medications was unprofessional; her other conduct was disgraceful, dishonourable and unprofessional. She showed a moral failing by attempting to solicit funds from vulnerable clients for her own benefit and that of a personal interest (her church).

Submissions on Order

The College and the Member jointly sought an oral reprimand and a six-month suspension. The Member would be required to complete specified remediation activities in preparation for a series of meetings with a nursing expert. For 12 months from the date she returns to clinical nursing practice, she would not be permitted to practise independently in the community; and for 24 months from that date, she would be required to advise the College of her employers, provide employers with a copy of the Panel’s decision and reasons, and only practise for an employer who agreed to advise the College if the Member breached the standards of practice of the profession. The College and the Member also sought to include a term that the Member would make full restitution to Client A within 24 months.

Panel Order

The Panel concluded that it did not have jurisdiction to order restitution, but it accepted the remaining submissions on order as reasonable and in the public interest. The submissions addressed the elements of general and specific deterrence, rehabilitation and public protection.

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