JD03691

Allegations and Plea

The College alleged that the Member was found guilty of a criminal offence that is relevant to her suitability to practise, namely theft under $5,000; that she stole money on seven occasions from a client; and that this conduct 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 worked at a retirement residence. The Client's daughter noticed that money was missing from her mother's incidental purchases fund on a regular basis. The daughter put a video camera in her mother's room, and the Member was caught stealing on video. Police were called, and criminal charges were laid. The Member pled guilty to stealing $215 from the Client’s purse over a five-week period. She was ordered to pay restitution and perform 50 hours of community service and 18 months of probation. Court documents provided sufficient evidence of the finding of guilt.

The Member’s certificate of registration was suspended in February 2013 for non-payment of fees and failure to provide information.

Finding

The Panel found that the evidence clearly supported findings of professional misconduct as alleged, including that the Member’s conduct would be considered disgraceful, dishonourable and unprofessional. The Member stole repeatedly from a vulnerable client over a period of time.

Submissions on Order

The College sought an oral reprimand and a four-month suspension to take effect after the Member obtains an active certificate of registration. The Member would be required to complete specified remediation activities in preparation for a series of meetings with a nursing expert. For 24 months from the date the Member obtains an active certificate of registration, 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.

Panel Order

 The Panel accepted the College’s submission. The order protects the public, provides specific and general deterrence, and gives the Member the opportunity to rehabilitate herself and return to the practice of nursing.

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