Full Text for: Linda McKeown, RPN # GF-2100-6
DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
The following is a public record of the hearing between the COLLEGE OF NURSES OF ONTARIO and LINDA MCKEOWN, RPN, #GF-2100-6, heard October 26, 1998.
REASONS FOR DECISION
Reasons for Decision
A panel of the Discipline Committee met on October 26, 1998 to hear the following allegations, all of which were contained within the Amended Notice of Hearing:
- You have committed an act of professional misconduct as provided by subsection 51(1)(b.1) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, in that during the period April, 1996, to August, 1997, while working as a Registered Practical Nurse, in a facility, in the province of Ontario, you sexually abused a patient, [the Complainant] , while [the Complainant] was:
a. an inpatient of the facility; and/or
b. an outpatient of the facility; and/or
c. a former patient of the facility; and/or
- You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, and defined in subsection 1(37) of the Ontario Regulation 799/93, in that during the period April, 1996, to August, 1997, while working as a Registered Practical Nurse at a facility in the province of Ontario, you engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional in that you engaged in non-therapeutic, personal and/or romantic and/or sexual relationship with a patient, [the Complainant] , while [the Complainant] was:
a. an inpatient of the facility; and/or
b. an outpatient of the facility; and/or
c. a former patient of the facility; and/or
- You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, and defined in subsection 1(1) of Ontario Regulation 799/93, in that during the period April, 1996, to August, 1997, while working as a Registered Practical Nurse at a facility in the province of Ontario, you contravened a standard of practice of the profession or failed to meet the standards of practice of the profession in that you engaged in a non-therapeutic, personal and/or romantic and/or sexual relationship with a patient, [the Complainant] , while [the Complainant] was:
a. an inpatient of the facility; and/or
b. an outpatient of the facility; and/or
c. a former patient of the facility; and/or
- You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, and defined in subsection 1(7) of Ontario Regulation 799/93, in that during the period April, 1996, to August, 1997, while working as a Registered Practical Nurse at a facility in the province of Ontario, you abused a client physically and/or emotionally in that you engaged in a non- therapeutic, personal and/or romantic and/or sexual relationship with a patient, [the Complainant]
, while [the Complainant] was:
a. an inpatient of the facility; and/or
b. an outpatient of the facility; and/or
c. a former patient of the facility; and/or
The Member was not present but was represented by counsel.
At the outset of the hearing, counsel for the College withdrew allegation #3.
Agreed Statement of Facts
Agreed Statement of Facts
The panel was presented with the Agreed Statement of Facts that provided as follows:
The Member is an RPN and is registered with the College since 1976.
The Member was employed as a full-time RPN at the facility from 1984 -1994.
From 1984 to 1986, the Member was employed in the Continuing Care Unit and as such, provided nursing care to psycho-geriatric patients.
From 1986 to 1993, the Member worked as an associate nurse on a multidisciplinary team providing nursing care to adult patients suffering from a variety of psychiatric conditions such as depression, schizophrenia, anorexia, bulimia, etc.
From 1994 to 1998, the Member was employed as a part-time RPN at the facility working almost exclusively with patients suffering from eating disorders.
Throughout her career, the Member kept up to date by taking additional training courses and had an excellent employment record with the facility.
The Member’s employment with the facility was terminated in April 6, 1998 as a result of the allegations giving rise to the filing of the College of Nurses complaint.
On April 26, 1996, [the Complainant], was transferred from a hospital to the facility for treatment of depression. [The Complainant] was admitted to the hospital after experiencing a panic attack. For some period prior to [the Complainant]’s admission, [the Complainant] refused to eat in an attempt to commit suicide. While in hospital, [the Complainant] experienced nightmares of childhood abuse at the hands of a boarder who lived in [the Complainant]’s parent’s home. As of the date of admission to the facility, [the Complainant] continued to restrict food intake and had thoughts of suicide.
[The Complainant]’s room at the facility was on the same floor as the Unit in which the Member worked. At no time was the Member ever specifically assigned to the care of [the Complainant].
While at the facility, [the Complainant] was treated with a variety of anti-anxiety medications. [The Complainant] was also provided with electroconvulsive therapy. These treatments began on May 20 and concluded on July 15, 1996.
[The Complainant] confided in the Member and developed an affection for the Member. [The Complainant] expressed a sexual interest in the Member and, although the Member originally rejected [the Complainant]’s advances, the Member relented and commenced a romantic and sexual relationship with [the Complainant]. Attached hereto and marked as Appendix “A” is a copy of a letter written by the Member to [the Complainant] dated July 24, 1996. The relationship continued throughout [the Complainant]’s stay at the facility and after [the Complainant]’s release. [The Complainant] was discharged from the facility on October 23, 1996.
The Member’s romantic and sexual relationship continued with [the Complainant] through the Fall of 1996. They exchanged gifts, cards and letters. Copies of the cards and letters sent by the Member to [the Complainant] are attached as Appendix “B”. They took a one week vacation together. The Member encouraged [the Complainant] to keep the fact of their relationship a secret.
The sexual relationship between the Member and [the Complainant] ended by Christmas 1996, but it was not until August, 1997 that the Member severed her relationship with [the Complainant] entirely.
[The Complainant] was very upset by the termination of the relationship and threatened to lodge a complaint with the College.
Shortly thereafter, [the Complainant] was admitted again to the Hospital for a period of two
weeks suffering from depression that [the Complainant] maintains was a result of the breakdown of the relationship with the Member.
The incidents giving rise to the filing of the complaint as outlined above have caused a great deal of emotional stress on the Member. Further, the loss of her employment has caused a great deal of financial strain on the Member and her family.
The Member has felt a great deal of remorse over the incidents and greatly regrets entering into the relationship with [the Complainant]. Further, the Member understands and regrets how her actions have caused further harm to [the Complainant].
The Member agrees that her conduct as set out above, amounts to professional misconduct. The Member should not have engaged in a romantic, sexual and social relationship with the patient. The Member further agrees that she should not have had contact with the patient outside the facility and should not have corresponded with the patient, and should not have encouraged the patient to keep the relationship secret.
Accordingly, the Member does not contest a finding of guilt made against her by the Discipline Committee to the charges of professional misconduct as set out in allegations 1, 2, and 4 of the Amended Notice of Hearing.
Findings of Professional Misconduct
Findings of Professional Misconduct
The panel deliberated on the Agreed Statement of Facts and unanimously accepted that the document as presented warranted findings of professional misconduct in relation to allegations #1, #2 and #4. It was clear that the Member admitted entering into a romantic and sexual relationship with the patient.
Counsel for the College and for the Member presented a joint submission as to penalty that proposed:
revocation of the Member’s Certificate of Registration; and
a written reprimand. (The prosecution explained that this was a request from the Member and that the College sees no harm in a written reprimand being imposed in this case. Counsel submitted that subsection 51(5) of the Health Professions Procedural Code, gives the panel a discretion to impose a written or an oral reprimand in cases involving sexual abuse of patients.)
Decision
Decision
The panel deliberated and unanimously agreed to accept the joint submission on penalty. The panel makes an order, directing the Registrar to revoke the Member’s certificate of registration. In addition, a written reprimand will be imposed.
Reasons
Reasons
The Member has admitted to the allegations as presented. The panel recognizes that under subsection 51(5) of the Regulated Health Professions Act, a finding of sexual abuse of the type engaged in by the Member automatically carries a penalty of revocation.
The panel decided on imposition of a written reprimand based on the prosecution’s presentation.