College of Nurses of Ontario v. [The Member], 2006 ONCNO 81728

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: Deanne Barber, RPN Chairperson Dawn Norling, RPN Member Susan Silver, RN Member Bill Weichel Public Member Catherine Genereux Public Member

BETWEEN:

COLLEGE OF NURSES OF ONTARIO Nick Coleman for College of Nurses of Ontario

• and -

[THE MEMBER] Registration No. [ ] No Representation for [The Member]

Heard: March 01, 2006

DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee on March 1, 2006 at the College of Nurses of Ontario (the “College”) at Toronto.

The Allegations

The allegations against [ ],(the “Member”) as stated in the Amended Notice of Hearing dated February 3, 2006 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, and defined in subsection 1(1) of Ontario Regulation 799/93 as amended, in that, while employed as a [ ] Nurse at [facility A] and [facility B], you contravened a standard of practice of the profession or failed to meet the standard of practice of the profession with respect to being actively employed at [facility B] while you were on sick leave and receiving sick benefits from [facility A] during the period, February 17, 2004 - March 5, 2004.

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, and defined in subsection 1(8) of Ontario Regulation 799/93 as amended, in that, while employed as a [ ] Nurse at [facility A] and [facility B], you misappropriated property from a work place with respect to being actively employed at [facility B] while you were on sick leave and receiving sick benefits from [facility A] during the period, February 17, 2004 - March 5, 2004.

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, and defined in subsection 1(37) of Ontario Regulation 799/93 as amended, in that, while employed as a [ ] Nurse at [facility A] and [facility B], you engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to the all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional with respect to being actively employed at [facility B] while you were on sick leave and receiving sick benefits from [facility A] during the period, February 17, 2004 - March 5, 2004.

Member’s Plea

[The Member] admitted the allegations set out in paragraphs numbered 1, 2 and 3 in the Amended 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:

THE MEMBER

1. (the “Member”) has been registered with the College of Nurses of Ontario (the “College”) since 1993. The Member is currently not practicing as a nurse and runs a daycare from [ ] home.

THE FACILITIES

2. [Facilities A and B] are both long-term care facilities.

THE INCIDENT

3. The Member commenced [ ] employment with [facility A] in 1998 as a part-time [nurse] and became a full-time [nurse] in 1999. [The Member] went on sick leave and began receiving sick benefits in November 2003.

4. The Member commenced [ ] employment with [facility B] on February 17, 2004, while [ ] still receiving sick benefits from [facility B]. [The Member] received sick benefits for the period from February 17, 2004 to March 5, 2004. Specifically, [the Member] received and cashed a cheque in the amount of $462.50 for the period from February 16, 2004 to February 22, 2004. [The Member] received and cashed a cheque, also in the amount of $462.50 for the period from February 23, 2004 to February 29, 2004. [The Member] also received a third cheque in this same amount for the period from March 1, 2004 to March 7, 2004, which [the Member] returned un-cashed to the insurance company.

5. In early March 2004, one of [facility A’s] managers discovered that the Member had commenced employment at [facility B]. The manager notified [facility A’s] Human Resources Consultant, [ ], who confirmed with [facility B] that the Member was employed there.

6. After meeting to discuss the situation with management at [facility A], the Member contacted the College on March 11, 2004 to report that [the Member] had worked at [facility B] while collecting sick benefits from [facility A]. [The Human Resources Consultant] contacted the College on March 12, 2004 to report this same information.

7. Shortly after the March 11, 2004 meeting, the Member contacted [the insurance company] and reported that [the Member] had collected sick benefits from [facility A] while working at another facility. [The Member] sent the insurance company eight post-dated cheques, which were dated from April 15, 2004 to November 4, 2004. The full amount of the sick benefits that the Member collected while [ ] was working [at facility B] has been repaid to the insurance company.

8. As a result of this incident, the Member was terminated from [facility A] on March 15, 2004.

9. The Member resigned from [facility B] on March 12, 2004. [The Member] was rehired as a part-time [nurse] on March 28, 2004. [The Member] went on [ ] leave on August 28, 2004 and has not returned to work as a nurse since that date.

ADMISSIONS

10. The Member acknowledges [committing] acts of professional misconduct as set out in allegation 1 of the Notice of Hearing, in that while employed as a [ ] Nurse at [facility A] and [facility B], [the Member] contravened a standard of practice of the profession or failed to meet the standard of practice of the profession regarding ethical behaviour with respect to being actively employed at [facility B] while [ ] on sick leave and receiving sick benefits from [facility B] during the period, February 17, 2004 - March 5, 2004.

11. The Member acknowledges [committing] acts of professional misconduct as set out in allegation 2 of the Notice of Hearing, in that while employed as a [ ] Nurse at [facility A] and [facility B], [the Member] appropriated property from a work place with respect to being actively employed at [facility B] while [ ] on sick leave and receiving sick benefits from [facility A] during the period, February 17, 2004 - March 5, 2004.

12. The Member acknowledges [committing] acts of professional misconduct as set out in allegation 3 of the Notice of Hearing, in that while employed as a [ ] Nurse at [facility A] and [facility B], [the Member] engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to the all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, or unprofessional with respect to being actively employed at [facility B] while [ ] on sick leave and receiving sick benefits from [facility A] during the period, February 17, 2004 - March 5, 2004.

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 that the Member committed an act of professional misconduct as alleged in paragraphs 1, 2 and 3 of the Amended Notice of Hearing in that [the Member] accepted sick benefits from [facility A] while actively employed at [facility B].

Reasons for Decision

The panel deliberated and after due consideration of all the facts and the Member’s admission to the allegations unanimously accepted the Agreed Statement of Facts as presented which substantiated the findings of professional misconduct.

Penalty Submissions

Counsel for the College advised the panel that a Joint Submission as to Penalty had been agreed upon. The Joint Submission as to Penalty invited the panel to make a penalty order with two components, as follows:

1. Requiring the Member to appear before the Panel to be reprimanded, at a date to be arranged, but in any event within three months of the date of this Order.

2. Requiring the Member to pay a fine of $100.00 to the Minister of Finance, the payment of which the Member will submit to the College, in the form of a certified cheque or money order made out to the Minister of Finance, within one month of the date of this Order.

Counsel for the College stated that integrity and honesty are hallmarks of the profession. This was clearly an inappropriate and unacceptable behaviour.

Mitigating circumstances were that the Member acknowledged [the] misconduct as soon as [the Member] was confronted. [The Member] self-reported to the College and made arrangements to repay the insurance company.

In the circumstances of this case, the fine of $100 is an appropriate deterrent. It sends a reminder to the Member not to repeat this act. It also sends a message to the public and other members of the profession that the College takes this unacceptable conduct seriously.

Penalty Decision

The panel accepts the Joint Submission as to Penalty and accordingly orders the Member to:

1. Appear before the Panel to be reprimanded, at a date to be arranged, but in any event within three months of the date of this Order.

2. Pay a fine of $100.00 to the Minister of Finance, the payment of which the Member will submit to the College, in the form of a certified cheque or money order made out to the Minister of Finance, within one month of the date of this Order.

Reasons for 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 [the Member’s] actions and expressed [ ] remorse.

I, Deanne Barber, RPN, sign this decision and reasons for the decision as Chairperson of this Discipline panel and on behalf of the members of the Discipline panel as listed below:

Chairperson Date

Panel Members: Dawn Norling, RPN Susan Silver, RN Bill Weichel, Public Member Catherine Genereux, Public Member