Allegations and Plea

The College alleged that the Member held herself out as a nurse and administered injections 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

The Member’s certificate of registration was suspended for non-payment of fees in May 2004. Her employment at a hospital was terminated in 2005, after they learned that she had been practising while her certificate was suspended.

In January 2006, the Member was issued a letter of caution by the College’s Executive Committee, warning her that only registered members are entitled to hold themselves out as nurses and perform controlled acts.

In November 2007, the Member applied for and obtained a position at a family medical practice. The facility did not obtain a copy of her Annual Payment Card. In March 2011, the manager verified the Member’s registration on the College’s public register and saw that her certificate of registration was suspended. He believed the suspension related only to 2011. When he spoke with the Member, she said it was an administrative error on the College’s part and that she would sort it out. She continued practising at the facility.

Approximately a week later, the Member was off work for several days. The manager discovered that her registration had been suspended since 2004. The Member was asked not to return to work without proof of an active certificate of registration. She was terminated in June 2011.

Between November 2007 and June 2011, while her certificate was suspended, the Member held herself out as a nurse and performed controlled acts, giving multiple injections to at least two clients. She also administered a flu shot to a co-worker on at least one occasion.

Finding

The Panel found that the evidence supported findings of professional misconduct as alleged. For more than eight years, the Member held herself out as a nurse and knowingly misled two employers and at least three clients regarding her professional status. This conduct includes elements of deceit and dishonesty, and the Panel found that her conduct would be regarded as dishonourable and unprofessional, but not disgraceful.

Submissions on Order

The College and the Member jointly sought an oral reprimand and a three-month suspension. The Member would be required to complete specified remediation activities in preparation for a series of meetings with a nursing expert. For 18 months from the date she returns to clinical nursing practice, 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 joint submission as reasonable and in the public interest. The Member accepted responsibility for her actions and cooperated with the College by agreeing to the facts and proposed penalty. The reprimand and suspension address specific deterrence; the suspension addresses general deterrence; the suspension and employer notification address public protection; and the educational and consultative components address rehabilitation.

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