Note: This is the full text of the decision of the Discipline panel in this matter. Any information identifying clients, witnesses or facilities has been removed [ ]. The member's name is omitted if allegations have been dismissed or if the results are not placed on the public portion of the Register.
PANEL: KIEN CAMPBELL, RPN
JUDY ROBINSON, RN LOIS VANSON, RPN VERONICA KERR TOM CLIFFORD
Chairperson Member Member
Public Representative Public Representative
BETWEEN:
COLLEGE OF NURSES OF ONTARIO
- and -
MAXINE E. DWYER Reg. No. HF-0617-9
REASONS FOR DECISION
COUNSEL for
College of Nurses of Ontario
COUNCIL for Maxine E. Dwyer
Heard: January 23, 2001
Introduction
This matter came on for hearing before a panel of the Discipline Committee on January 23, 2001, at the College of Nurses of Ontario, (the " College") at Toronto. The Member was present as was Defense Counsel.
The Allegations
The Allegations
The Notice of Hearing was received as Exhibit # 1. The allegations against Maxine E. Dwyer, R.P.N. (the "Member"), as stated in the Notice of Hearing dated December 13, 2000, are as follows:
- 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 May 22 and 23, 1999 while working as a Registered Practical Nurse at a long-term care facility in [the city], Ontario, you contravened a standard of practice of the profession or failed to maintain the standards of practice of the profession with respect of the following:
a. your care and treatment and/or neglect of the Client on or about May 23, 1999; and/or
b. your failure to conduct an appropriate and complete assessment of the Client on or about May 23, 1999; and/or
c. your failure to intervene in a timely and appropriate manner to treat the Client on or about May 23, 1999; and/or
d. your failure to seek assistance and/or consult other members of the health care team in a timely and appropriate manner about the Client's condition on or about May 23, 1999; and/or
e. your demonstrated uncaring and unconcerned attitude about the Client's condition on or about May 23, 1999; and/or
f. your failure to keep records in an accurate, complete, and appropriate manner for the Client on or about May 22 and 23, 1999; 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 Ontario Regulation 799/93, in that on or about May 22 and 23, 1999 while working as a Registered
Practical Nurse at a long-term care facility in [the city], Ontario, you engaged in conduct or performed an act, 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 with respect to the following:
a. your care and treatment and/or neglect of the Client on or about May 23, 1999; and/or
b. your failure to conduct an appropriate and complete assessment of the Client on or about May 23, 1999; and/or
c. your failure to intervene in a timely and appropriate manner to treat the Client on or about May 23, 1999; and/or
d. your failure to seek assistance and/or consult other members of the health care team in a timely and appropriate manner about the Client's condition on or about May 23, 1999; and/or
e. your demonstrated uncaring and unconcerned attitude about the Client's condition on or about May 23, 1999; and/or
f. your failure to keep records in an accurate, complete, and appropriate manner for the Client on or about May 22 and 23, 1999; 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,