College of Nurses of Ontario v. LaFrance, 2006 CanLII 81731

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: Jim Atwood, RN Chairperson Sue Silver, RN Member Deanne Barber, RPN Member Linda Bracken Public Member David Bishop Public Member

BETWEEN:

COLLEGE OF NURSES OF ONTARIO (JUNIOR SIRIVAR for College of Nurses of Ontario)

• and -

BARBARA LAFRANCE Registration No. JA08506 (NO REPRESENTATION for Barbara LaFrance)

Heard: March 28, 2006

DECISION AND REASONS

This matter came on for a hearing before a panel of the Discipline Committee on March 28, 2006 at the College of Nurses of Ontario (the “College”) at Toronto.

The Allegations

The allegations against Barbara LaFrance (the “Member”) as stated in the Notice of Hearing dated March 10, 2006 are as follows:

1. You have committed an act or acts of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code in that you have been found guilty of an offence relevant to your suitability to practise, in that on or about June 26, 2003, you were convicted of having stolen money, the property of the [ ] Hospital, of a value exceeding $5,000, contrary to Section 334(a) of the Criminal Code.

2. You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code and defined in paragraph 1.37 of Ontario Regulation 799/93, in that in the period of approximately January 1, 1996 to March 31, 2000, while you were employed by [the] Hospital, you engaged in conduct or performed an act or acts 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 defrauded [the] Hospital of approximately $96,500.

Member’s Plea

Barbara Lafrance (the “Member) admitted the allegations set out in paragraphs #1 and #2 of 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:

THE MEMBER

1. The Member, Barbara J. Lafrance (“Ms Lafrance” or the “Member”), attended the RPN program at [ ] in 2001. She has been registered as a Registered Practical Nurse with the College of Nurses of Ontario (“the College”) since 2001.
2. Before Ms Lafrance became a member of the College, she was employed by [ ] (the “Hospital”) from 1971 to 2000. She initially worked at the Hospital in an administrative capacity and later moved into a finance-related role. The Member’s employment with the Hospital was terminated in May of 2000 because she stole funds from the Hospital.
3. Ms Lafrance was ultimately convicted of theft over $5,000 on June 26, 2003.
4. From 2001 to April 2005, the Member worked first as a part-time HCA and then as a part-time RPN at [ ] a long-term care facility [ ]. The Member’s employer was aware of her criminal conviction before she was hired. The Member’s contract with the long-term care facility expired in April 2005 and was not renewed. The Member hopes to be able to find employment in the nursing profession again.

THE CRIMINAL CONVICTION

1. At the time of the incident, the Member was employed by the Hospital as a finance officer responsible for handling hospital funds. On May 22, 2000, the Member wrote a letter to her employer, confessing to having stolen funds from the Hospital. The following day, the Member was terminated as a result of the fraud and breach of trust.

2. The Member was charged with theft over $5,000 on October 23, 2001.

3. Forensic accounting determined that Ms Lafrance had stolen approximately $96,461.00 from the Hospital between January 1, 1996 and March 31, 2000. Ms Lafrance used the money to pay off debts and to help family members with financial problems.

4. The Member co-operated with the employer’s investigation and pleaded guilty to the criminal charges against her. She also co-operated with the College’s investigation including a meeting with the College’s investigator on December 15, 2004.

5. The Member was convicted on June 26, 2003 and sentenced on December 4, 2003. She was placed on probation for three years and given a 12-month conditional sentence. A Restitution Order was also made against the Member requiring her to repay $150.00 per month during the period of her conditional sentence, $300.00 per month during her first year of probation, and $400.00 per month for the next two years. The amount of $400 was subsequently amended. The Member is now required to repay $200 per month for the remainder of her probation. A stand-alone Restitution Order to the credit of the Hospital in the amount of $96,500.00 was also made against the Member.

6. Even before the Member’s conviction, she began repaying the funds at the rate of $150.00 per month in May 2003. Since that time, she has complied with the Restitution Order and has paid back a total of $5,600.00 to the Hospital.

7. On April 22, 2004, when the Member completed the College’s 2004 Annual Payment Form, she appropriately declared that she had been found guilty of a criminal offence since last reporting to the College. On May 20, 2004, the Member completed a Self-Reporting Obligation Form declaring her conviction. The Member had no prior reporting obligation to the College with regard to this incident.

ADMISSIONS

1. The Member acknowledges that she committed an act of professional misconduct as set out in allegation 1 of the Notice of Hearing, in that she was found guilty of an offence relevant to her suitability to practise, in that on or about June 26, 2003, she was convicted of having stolen money, the property of the [ ] Hospital, of a value exceeding $5,000, contrary to Section 334(a) of the Criminal Code.
2. The Member acknowledges that she committed an act of professional misconduct as set out in allegation 2 of the Notice of Hearing, in that in the period of approximately January 1, 1996 to March 31, 2000, while she was employed by [the] Hospital, she engaged in conduct or performed an act or acts 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 she defrauded [the] Hospital of approximately $96,500.

Decision

The panel considered the Agreed Statement of Facts and finds that the facts support a finding of professional misconduct and, in particular, finds that the Member committed an act of professional misconduct as alleged in paragraphs #1 and #2 of the Notice of Hearing in that:

a) on or about June 26, 2003, the Member was convicted of having stolen money, the property of [the ] Hospital, of a value exceeding $5,000.00 contrary to Section 334(a) of the Criminal Code.

b) in the period of approximately January 1, 1996 and March 31, 2000 while the Member was employed by the [ ] Hospital, the Member engaged in conducts or performed an act or acts 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 the Member defrauded [the] Hospital of approximately $96, 500.

Reasons for Decision

The Agreed Statement of Facts was clear and the panel decided to accept it as presented.

Penalty

Counsel for the College advised the panel that a Joint Submission as to Penalty had been agreed upon. The Joint Submission as to Penalty provided as follows:

Barbara J. Lafrance (the “Member”) and the College of Nurses of Ontario respectfully submit that, in view of the circumstances set out in the Agreed Statement of Fact and the Member’s admissions of professional misconduct, the Panel of the Discipline Committee (“the Panel”) should make an Order 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. Directing the Executive Director to suspend the Member's Certificate of Registration for one month.

3. Directing the Executive Director to impose the following terms, conditions and limitations on the Member's Certificate of Registration:

a) Requiring the Member to take a relevant Ethics Course approved by the Director of Investigations and Hearings at her own expense within three months of the date of this Order;

b) Requiring the Member to meet with a Practice Consultant to discuss professional ethics on the basis of the circumstances described in the Agreed Statement of Facts at a date to be arranged but in any event within three months of the date of this Order. In preparation for this meeting, the Member shall review the following College publications: Professional Standards (2002) and Ethical Framework for Nurses in Ontario (1999). In preparation for this meeting, the Member shall also undertake a summary write-up of her personal case, which she must provide to the Practice Consultant two weeks in advance of the meeting.

c) For a period of 18 months of practice following the Member’s return to clinical practice, the Member must:

i) ensure that the Director of Investigations and Hearings is advised in writing of the names and addresses of any employer(s) for which the Member is practising within 14 days from the date that the Member commences employment;

ii) provide any employer or prospective employer with a copy of the Panel's Penalty Order with the Notice of Hearing, Agreed Statement of Facts, and Joint Submission on Penalty attached or, if available, a copy of the Panel's Decision and Reasons;

iii) refrain from working in any capacity where she has or may have control over the finances and/or financial affairs of her employer;

iv) only practice for an employer who agrees to, and does, write to the Director, within fourteen days of the commencement or resumption of the Member's employment, providing the Director with confirmation of the following:

(1) the date the Member commenced or resumed employment;

(2) that the employer has received a copy of the Penalty Order with the Notice of Hearing, Agreed Statement of Fact, and Joint Submission on Penalty attached or, if available, a copy of the Panel's Decision and Reasons; and

(3) that the Member is not employed in a capacity where she has or may have control over her employer’s finances or financial affairs.

Counsel for the College advised the panel that normally, conduct of this nature would result in revocation. The Member’s conduct consisted of criminal activity conducted over a period of four years for personal financial gain. Moral and dishonest behaviour go against the core of the nursing profession.

Mitigating factors included the following:

• The Member demonstrated good character by self reporting to her employer;

• The Member cooperated during the investigation and accepted responsibility for her actions;

• The Member began paying restitution before she was legally obligated to do so;

• The Member’s criminal conviction was reported in the local newspaper;

• The Member was remorseful throughout; and

• Her current employer advised of her criminal convictions prior to the Member being hired.

Penalty Decision

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

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. Directing the Executive Director to suspend the Member's Certificate of Registration for one month.

3. Directing the Executive Director to impose the following terms, conditions and limitations on the Member's Certificate of Registration:

a) Requiring the Member to take a relevant Ethics Course approved by the Director of Investigations and Hearings at her own expense within three months of the date of this Order;

b) Requiring the Member to meet with a Practice Consultant to discuss professional ethics on the basis of the circumstances described in the Agreed Statement of Facts at a date to be arranged but in any event within three months of the date of this Order. In preparation for this meeting, the Member shall review the following College publications: Professional Standards (2002) and Ethical Framework for Nurses in Ontario (1999). In preparation for this meeting, the Member shall also undertake a summary write-up of her personal case, which she must provide to the Practice Consultant two weeks in advance of the meeting.

c) For a period of 18 months of practice following the Member’s return to clinical practice, the Member must:

i) ensure that the Director of Investigations and Hearings is advised in writing of the names and addresses of any employer(s) for which the Member is practising within 14 days from the date that the Member commences employment;

ii) provide any employer or prospective employer with a copy of the Panel's Penalty Order with the Notice of Hearing, Agreed Statement of Facts, and Joint Submission on Penalty attached or, if available, a copy of the Panel's Decision and Reasons;

iii) refrain from working in any capacity where she has or may have control over the finances and/or financial affairs of her employer;

iv) only practice for an employer who agrees to, and does, write to the Director, within fourteen days of the commencement or resumption of the Member's employment, providing the Director with confirmation of the following:

(1) the date the Member commenced or resumed employment;

(2) that the employer has received a copy of the Penalty Order with the Notice of Hearing, Agreed Statement of Fact, and Joint Submission on Penalty attached or, if available, a copy of the Panel's Decision and Reasons; and

(3) that the Member is not employed in a capacity where she has or may have control over her employer’s finances or financial affairs.

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 her actions. The panel believes the penalty is a specific deterrent, given that the Member accepted responsibility for her misconduct. The penalty also reflects general deterrence as the membership is made aware that the College will not tolerate such a breach of trust.

I, Jim Attwood, RN 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:

Sue Silver, RN

Deanne Barber, RPN

Linda Bracken, Public Member

David Bishop, Public Member