0087213

Allegations and Plea

The College alleged that the Member was found to have committed professional misconduct in another jurisdiction on two occasions and that the conduct would be acts of professional misconduct in Ontario; that she failed to advise the College of the proceedings and outcomes in the other jurisdiction; and that the 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 was initially registered with the College in 2000. She was also registered with the College and Association of Registered Nurses of Alberta (CARNA). In January 2009, CARNA found that the Member breached the code of ethics by stealing money from her manager and colleagues on three occasions. In November 2010, she was found to have breached a condition of her 2009 penalty order by working for an additional employer, forging a letter from her supervisor to CARNA and lying in a job interview by explicitly denying involvement in CARNA disciplinary matters.

A College employee testified that the Member failed to report being subject to an investigation and being found guilty of professional misconduct in another jurisdiction. On her 2009 annual renewal form, the Member attested that she had not been the subject of investigations or findings of professional misconduct even though she would have been aware of the proceedings at CARNA when she completed the form. 

Finding

The Panel found that the evidence supported findings of professional misconduct as alleged. Given the nature of the conduct giving rise to the CARNA proceedings and that the Member lied by specifically answering “no” to the College’s self-reporting question, the Panel found that her conduct would be regarded as disgraceful, dishonourable and unprofessional, and her failure to report the 2010 proceeding was unprofessional. 

Submissions on Order

The College sought a five-month suspension to begin after the Member completes all the terms of the CARNA orders and obtains an active certificate of registration. The Member would be required to complete specified remediation activities in preparation for a meeting with a nursing expert. For 24 months after the Member's suspension ends, the Member 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 submission. The order provides for general and specific deterrence, protection of the public, and the Member's rehabilitation and remediation. The self-reporting requirement is very important; failure to respect this requirement will result in serious consequences.

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