Discipline Committee Of The College Of Nurses Of Ontario Panel:

Chairperson, Public Member Member, RN

Member, RN Member, RPN Public Member

BETWEEN

COLLEGE OF NURSES OF ONTARIO COUNSEL for College of Nurses of Ontario

• and -

SHIRLEY DAVIS # 93-2163-9

REASONS FOR DECISION

COUNSEL for Shirley Davis Independent Legal Counsel

Heard: November 27, 2000

This matter came on for hearing before a panel of the Discipline Committee on November 27, 2000 at the College of Nurses of Ontario at Toronto.

The Allegations

The allegations against Shirley Davis (the “Member”) as stated in the Notice of Hearing dated September 5, 2000 are as follows:

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(8) of Ontario Regulation 799/93, in that during the period May 30 to May 31, 1997 at the City of Toronto, in the Province of Ontario, you misappropriated property from a workplace in that you stole a Bank of Nova Scotia Visa card number XXX from the residence of your client.

2. 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 May 30 to May 31, 1997 at the City of Toronto, 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 stole a Bank of Nova Scotia Visa card number XXX from the residence of your client.

3. 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 May 30 to May

31, 1997 at the City of Toronto, in the Province of Ontario, you contravened a standard of practice of the profession or failed to meet the standard of practice of the profession, in that you stole a Bank of Nova Scotia Visa card number XXX from the residence of your client.

4. 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 May 31 to June 1, 1997 at the City of Mississauga and elsewhere 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 used a Bank of Nova Scotia Visa card number XXX knowing that it had been obtained by the commission in Canada of an offence contrary to the Criminal Code of Canada, at the following location(s):

a. The Sports Authority, Mississauga, and/or

b. Sport Chek, Square One, Mississauga, and/or

c. Sears, Square One, Mississauga, and/or

d. Shoppers Drug Mart, Rexdale, and/or

e. Pizza Hut, Downsview, and/or

f. White Rose, Rexdale, and/or

g. K Mart, Jane Finch Mall, Downsview, and/or

h. Eatons, Square One, Mississauga, and/or

i. The Body Shop, Mississauga, and/or

j. The Gap, Square One, Mississauga, and/or

k. Gap Kids, Square One, Mississauga, and/or

l. HMV, Square One, Mississauga.

5. 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 May 31 to June 1, 1997 at the City of Mississauga and elsewhere in the Province of Ontario, you contravened a standard of practice of the profession or failed to meet the standard of practice of the profession, in that you used a Bank of Nova Scotia Visa card number XXX knowing that it had been obtained by the commission in Canada of an offence contrary to the Criminal Code of Canada, at the following location(s):

a. The Sports Authority, Mississauga, and/or

b. Sport Chek, Square One, Mississauga, and/or

c. Sears, Square One, Mississauga, and/or

d. Shoppers Drug Mart, Rexdale, and/or

e. Pizza Hut, Downsview, and/or

f. White Rose, Rexdale, and/or

g. K Mart, Jane Finch Mall, Downsview, and/or

h. Eatons, Square One, Mississauga, and/or

i. The Body Shop, Mississauga, and/or

j. The Gap, Square One, Mississauga, and/or

k. Gap Kids, Square One, Mississauga, and/or

l. HMV, Square One, Mississauga.

6. You have committed an act of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, in that on August 14, 1997 (ten weeks after events above] in the Ontario Court of Justice (Provincial Division) at the City of [city], in the Province of Ontario, you were found guilty of an offence relevant to your suitability to practise, in that you pleaded guilty to a charge that you on or about the June 1, 1997 at the City of Mississauga unlawfully did use a credit card to wit: a Bank of Nova Scotia Visa card number XXX knowing that the said card was obtained by the commission in Canada of an offence contrary to section 342(1)(b) of the Criminal Code of Canada.

7. 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 on or about June 1, 1997 at the City of Mississauga, 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 used a Bank of Nova Scotia Visa card number XXX at Henry’s in Mississauga knowing that it had been obtained by the commission in Canada of an offence contrary to the Criminal Code of Canada.

8. 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 on or about June 1, 1997 at the City of Mississauga, in the Province of Ontario, you contravened a standard of practice of the profession or failed to meet the standard practice of the profession, in that you used a Bank of Nova Scotia Visa card number XXX at Henry’s in Mississauga knowing that it had been obtained by the commission in Canada of an offence contrary to the Criminal Code of Canada.

Member’s Plea

The Member, Shirley Davis, admitted the allegations set out in paragraphs one through eight in the Notice of Hearing. The panel conducted a plea inquiry and was satisfied that the Member’s admission was voluntary, informed and unequivocal.

Agreed Statement of Facts

Counsel for the College advised the panel that agreement had been reached on the facts and introduced an Agreed Statement of Facts which provided as follows:

AGREED STATEMENT OF FACTS

The Member

1. Ms Davis obtained her nursing training at George Brown College and became a member of the College in 1993.

2. From 1994 to 1996, Ms Davis worked at the Toronto Hospital in Orthopedics, Plastics and Neurosurgery.

3. In 1996, she commenced the B.Sc.N. program at Ryerson University, receiving her degree in 1998.

4. Ms Davis was employed with [the Agency] as a visiting nurse from March 1997 until June, 1997, when she was suspended from her position in relation to the below-described events. In November 1998, Ms Davis was terminated from her position.

5. In September 1997, Ms Davis began employment as a School Nurse with the Toronto District Board of Education working at [school name] Secondary School. She currently holds this position, in which she provides counseling and advice to students on a variety of health and sexuality issues, works with teen mothers and responds to medical emergencies arising in the school.

6. Ms Davis also held a casual position as Nurse Clinician in Family Medicine at [hospital] from September 1998 to April 1999.

The Agency

7. The Agency provides nursing care to clients in their homes through the Community Care Access Program in Metro Toronto.

8. Ms Davis was assigned a floating roster of clients for whom she provided various nursing services

in the client’s home. Ms Davis worked a variety of shifts and would be scheduled to see a number of clients over the course of a shift.

The Client

The Client and her course in hospital

9. The Client was a palliative care client of the Agency who suffered from terminal cancer. He lived at home with his wife.

10. The Client received nursing services from April to August 1997, including wound care, ileostomy care and intravenous therapy on a twice daily basis.

Allegations 1, 2 and 3 – Misappropriation of property; Failure to maintain the standards of practice; and Disgraceful, dishonorable and unprofessional conduct with respect to stealing a client’s credit card

11. On [month] 31, [year], Ms Davis provided morning care to the client. During her visit to the home, Ms Davis stole Bank of Nova Scotia Visa card #XXX (the credit card) from her client's wife's purse.

12. Ms Davis admits that her conduct amounts to professional misconduct as set out in allegations 1, 2 and 3 in that she misappropriated property; failed to maintain the standards of practice of the profession; and engaged in conduct or an act relevant to the performance of nursing services that, having regard to all the circumstances would reasonably be regarded by members as disgraceful, dishonourable and unprofessional by stealing the credit card of her client’s wife.

Allegations 4 and 5 - Disgraceful, dishonourable and unprofessional conduct; and Failure to maintain the standards of practice with respect to using a stolen credit card

13. From [month] 31, [year] to [month] 1, [year], Ms Davis used the stolen credit card to make purchases from the following merchants totaling approximately $3500.00:

The Sports Authority, Mississauga; Sport Chek, Mississauga;

Sears, Square One;

Shoppers Drug Mart, Rexdale; Pizza Hut, Downsview;

White Rose, Rexdale;

K Mart, Jane Finch Mall, Downsview; Eatons, Square One, Mississauga;

The Body Shop, Mississauga;

The Gap, Square One, Mississauga;

Gap Kids, Square One, Mississauga; and HMV, Square One, Mississauga.

14. Ms Davis admits that her conduct amounts to professional misconduct as set out in allegations 4 and 5 in that she engaged in conduct or acts relevant to the practice of nursing that, having regard to all the circumstances would reasonably be regarded by members as disgraceful, dishonourable and unprofessional and that she failed to maintain the standards of practice of the profession by using the stolen credit card to make the above-noted purchases from [month] 31, [year] to [month] 1, [year].

Allegation 6 – Guilty of an Offence Relevant to Suitability to Practice

15. On [date - ten weeks after theft of credit card], Ms Davis pleaded guilty to the charge of

unlawfully using her client’s wife's Bank of Nova Scotia Visa knowing that the credit card was obtained by the commission of an offence in Canada, contrary to section 342(1)(b) of the Criminal Code of Canada. Ms Davis received a suspended sentence and was placed on probation for a period of 18 months, including 80 hours of community service. A copy of the Certificate of Conviction and the sentencing transcript are attached as Exhibit “A” and “B” respectively.

16. Ms Davis admits that her conduct amounts to professional misconduct as set out in allegation 6, 7, and 8, in that she was found guilty of an offence relevant to her suitability to practice by unlawfully using a credit card, to wit: a Bank of Nova Scotia Visa card number XXX knowing that the card was obtained by the commission in Canada of an offence contrary to section 342(1)

(b) of the Criminal Code of Canada.

Decision

The panel considered the Agreed Statement of Facts and finds that the facts support a finding of professional misconduct. In particular, the panel finds:

a. That the Member committed an act of professional misconduct as alleged in paragraphs 1, 2 and 3 of the Notice of Hearing and, in particular, 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, and contravened a standard of practice of the profession or failed to meet the standard of practice of the profession, and misappropriated property from a workplace in that she stole a Bank of Nova Scotia Visa card from the residence of her client and his wife;

b. That the Member committed an act of professional misconduct as alleged in paragraphs 4, 5, 7 and 8 of the Notice of Hearing and in particular, 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, and contravened a standard of practice of the profession, in that she used a Bank of Nova Scotia Visa card at various locations, knowing it had been obtained by the commission in Canada of an offence contrary to the Criminal Code of Canada;

c. That the Member committed an act of professional misconduct as alleged in paragraph 6, of the Notice of Hearing and, in particular, the Member was found guilty of an offence relevant to her suitability to practice, in that she pleaded guilty to a charge that on or about [month] 1, [year], at the City of Mississauga, she used a Bank of Nova Scotia Visa card knowing that the said card was obtained by the commission in Canada of an offence contrary to section 342(1)(b) of the Criminal Code of Canada. The Member was found guilty of forgery of a credit card and two counts of possession of stolen property.

The panel also finds that the Member engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to all the circumstances, would be reasonably regarded by members as disgraceful, dishonourable, or unprofessional. On [date - ten weeks after theft of credit card], before the Honourable Judge [judge] at Ontario Court, Provincial Division, [city], the Member pleaded guilty to the charge of unlawfully using a client’s credit card on or about [month] 1, [year], at the City of Mississauga, contrary to section 342 (1) (b) of the Criminal Code of Canada. The Member was found guilty of forgery of a credit card and two counts of possession of stolen property.

Reasons for Decision

The panel accepted the Agreed Statement of Fact as presented.

Penalty

Counsel for the Member and the College jointly submitted that the appropriate penalty in this case is for the Discipline Panel to make the following order:

1. Requiring the Member to appear before the panel to be reprimanded;

2. Directing the Executive Director to suspend the Member’s certificate of registration for a period of three months from January 1, 2001;

3. Directing the Executive Director to impose the following specified terms, conditions and limitations on the Member’s certificate of registration:

a. The Member shall enroll in and successfully complete a course in ethics acceptable to the Director, Investigations & Hearings (the Director) within twelve months of the date of the Order and shall provide proof of enrollment and completion of such course to the Director; and

b. For the next two years from the date of this order, the Member shall provide the Director with the name and address of any and all employers in nursing.

Penalty Decision

The panel concluded that the proposed penalty is reasonable and in the public interest. The Member has co-operated with the College and, by agreeing to the facts and a proposed penalty, has accepted responsibility for her actions and has avoided unnecessary expense to the College.

The panel considered the principle of general deterrence. This included the need to warn other Decision and Reasons members, and to emphasize that stealing is a serious breach of the nurse-client relationship. The panel noted that the Member’s actions jeopardizes the public trust of the profession, especially since the Member had been employed by an agency of visitin nurses, where there is no direct supervision in the home and felt that there was therefore a greater onus to protect the public. The panel agreed that the rehabilitative component imposed upon the Member would assist her to successfully return to the profession following completion of the penalty.

, Signed Date Public Member,

Chairperson, Discipline Panel