College of Nurses of Ontario v. The Member, 1998 CanLII 31302

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

The following is a public record of the hearing between College of Nurses of Ontario and The Member heard on December 14, 1998.

Allegations

A Panel of the Discipline Committee met on December 14, 1998. The Panel was presented with a Notice of Hearing that contained one (1) allegation:

1. 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 Ontario Regulation 799/93, in that during the period of June, 1997 through to and including August, 1997, while employed as a Health Care Aide at a long term care 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 claimed and/or received Workers’ Compensation Board benefits to which you were not entitled.

Counsel for the College presented an overview of the allegation, the agreed statement of fact and the joint submission on penalty. Counsel had stated that there was an amendment to the joint submission on penalty on page 2 in that item #2 should be amended to read “Direct that the results of this proceeding not be included in the public portion of the register.” Counsel for the College asked the Member if she admitted the allegation as stated. The Member admitted to having committed the allegation.

The Member was not represented by counsel but was accompanied by a friend. The Panel asked the Member if she wished to make any statement. There was no statement from the Member in response to that inquiry. The Chair asked the Member the following questions:

1. Have you reviewed the allegations against you in the Notice of Hearing?
2. Do you understand the allegations made against you?
3. Do you understand the consequences of admitting to the allegation(s) (including relinquishing the right to compel the College to prove its case against you?)
4. Are you admitting to the allegation(s) voluntarily and of your own free will?
5. Do you understand the any agreement between yourself and the College is not binding on this Panel (and that the Panel is not bound to accept a joint submission as to penalty?)
6. The Member answered all questions in the affirmative.

Agreed Statement of Facts

1. The Member has been registered as a Registered Practical Nurse with the College of Nurses of Ontario (the “College”) since March, 1976. She has had no previous complaints made against her to the College.
2. The Member began employment as a full-time Registered Practical Nurse with the long term care facility ("the facility") on July 29, 1991 and held this position until December, 1996 when the facility underwent a reorganization of duties. Following this reorganization, the Member worked as a Health Care Aide at the facility until her resignation on August 13, 1997.
3. The Member has retained her registration as a Registered Practical Nurse with the College throughout the periods described above, and to date.
4. On June 9, 1997, the Member sustained a lower-back injury in the course of her duties. As a result, the Member went on sick leave from the facility and successfully applied for benefits from the Workers’ Compensation Board (now the Workplace Safety and Insurance Board) between June 10 and August 11, 1997 on the basis that she was unable to work.
5. The Member completed a Worker’s Progress Report for the Workers’ Compensation Board on July 10, 1997, in which she indicated that she had not worked for any employer between June 10 and July 10, 1997.
6. On August 20, 1997, the Administrator at the facility wrote to the Member’s Claim Adjudicator at the Workers’ Compensation Board advising him that, on the basis of communication with a seniors residence ("the residence") in Ontario, she believed that the Member had worked at the residence between June 10 and August 11, 1997, while she was on sick leave from the facility and collecting full benefits from the Workers’ Compensation Board.
7. According to the seniors residence, the Member had worked 161 hours at the residence between June 10 and August 11, 1997.
8. On the basis of this information, the Workers’ Compensation Board determined that the Member had collected $3108.34 in benefits to which she was not entitled.
9. The Member admits that she worked at the residence between June 10 and August 11, 1997 while she was on sick leave and collecting benefits from the Workers’ Compensation Board and that she thereby collected $3108.34 in benefits to which she was not entitled.
10. The Member has made arrangements with the current Workplace Safety and Insurance Board to repay the $3108.34 at the rate of $100 per month.
11. The Member acknowledges that by collecting benefits from the Workers’ Compensation Board on the basis that she was disabled and unable to work, when she had actually worked at the residence, she committed an act of professional misconduct by engaging in conduct relevant to the practice of nursing that, having regard to all of the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable, or unprofessional.

Joint Submission on Penalty

The Member and The College of Nurses of Ontario (the “College”) jointly submit that the Panel of the Discipline Committee should make an order directing the Executive Director to:

1. Suspend the Member’s certificate of registration for a period of eight months. This order shall be suspended on the following conditions:
   1. the Member appears before the Panel of the Discipline Committee to be reprimanded;
   2. the Member makes full restitution to the Workplace Safety and Insurance Board (formerly the Worker’s Compensation Board) of $3108.34 in benefits by or before July 31, 2000;
   3. the Member provides a receipt to the Director of the Investigations and Hearings Department from the Workplace Safety and Insurance Board indicating that she has repaid the $3108.34 in benefits by or before August 31, 2000;
   4. the Member maintains regular monthly payments of, at least, $100 toward this debt from today until the debt is paid, on the dates agreed to by the Workplace Safety and Insurance Board; and
   5. the Member signs a copy of the attached letter that signifies her consent for the Workplace Safety and Insurance Board to release information to the College about the status of the Member’s repayment of her debt until the debt is paid in full.
2. Direct that the results of this proceeding not be included in the public portion of the register.

The Panel recessed to discuss the proceedings.

The Panel agreed with the penalty based on the Member’s co-operation, her apparent remorse and her acceptance of the consequence of her actions. Furthermore the Member had already begun restitution. The Panel emphasized the seriousness of the allegation against the Member. The Panel agreed that the penalty was specific to the Member and a general deterrent to the profession.

The Panel re-convened and accepted the agreed statement of facts and the amended joint submission on penalty. The Panel asked the Member if she wished to receive the oral reprimand then or at a later date. The Member agreed to sign the waiver and receive her oral reprimand.

The Panel recessed to prepare for the oral reprimand. The Panel re-convened with the Member present and the oral reprimand was delivered.