College of Nurses of Ontario v. [Member], 2006 ONCNO 81760

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: George Fieber, RN Chairperson Cheryl McMaster, RPN Member Kris Guty, RN Member Bill Dowson Public Member Jerry Dobie Pubic Member

BETWEEN:

COLLEGE OF NURSES OF ONTARIO (ANIL KAPOOR for College of Nurses of Ontario)

• and -

[NAME OF MEMBER] [Registration No.] (NO REPRESENTATION for [Member])

Heard: August 22, 2006

DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee on August 22, 2006 at the College of Nurses of Ontario (the “College”) at Toronto.

The Allegations

College Counsel informed the panel that allegation #1(a) had been withdrawn. The remaining allegation against [ ] (the “Member”) as stated in the Notice of Hearing (Exhibit # 1) dated May 19, 2006 is 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(37) of the Ontario Regulations 799/93 while employed by [a home for the aged] (Employer), located in [ ] you engaged in conduct or performed an act or acts relevant to the practise of nursing that, having regard to all of the circumstances would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, in that:

You claimed and collected sick pay and/or ill-dependant pay from your Employer for each of the following dates when in fact you were working at another institution, namely [a hospital]:

i) February 12, 2004 ii) February 19, 2004 iii) March 5, 2004 iv) March 13, 2004 v) March 14, 2004

Member’s Plea

[The Member] admitted the allegations set out in paragraph numbered 2 (a) 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:

THE MEMBER

1. (the “Member”) has been registered [ ] with the College of Nurses of Ontario (the “College”) since [ ]. The Member is currently working full time at [the hospital].

THE FACILITIES

2. The Member worked at [the home for the aged] operated by the City of [ ] as a part time registered staff from November 13, 1991. In February and March 2004 she was the Charge Nurse of [a unit] North, which consisted of 60 residents. Her position entailed supervision of 1-2 RPN’s and 4-5 Personal Care Aides.

3. The Member also worked full time at [the hospital] in February and March 2004.

THE INCIDENT

4. The Member was pre-booked to work either 8 hour day shifts or evening shifts on February 12 and 19, 2004 and March 5, 13, 14, 2004. She called in sick and/or ill dependent for these shifts and worked twelve hour days or shifts at [the hospital] instead.

5. The Member received full pay for the shifts for which she called in sick which amounted to $1111.32.

6. The full amount of the sick benefits that the Member collected while she was working at [the hospital] site has been repaid.

7. As a result of this incident, the Member resigned from [the home for the aged] on June 1, 2004.

ADMISSIONS

8. The Member acknowledges that she committed acts of professional misconduct as set out in allegation 2 of the Notice of Hearing, in that while employed as a [ ] Nurse at [the hospital] and [the home for the aged], she 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 as disgraceful, dishonourable, or unprofessional with respect to working at [the hospital] while she was on sick leave and/or ill dependent leave and receiving sick benefits from [the home for the aged] during the period, February 12, 2004 – March 14, 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 paragraph 2(a) of the Notice of Hearing, in that the Member engaged in conduct or performed an act or acts relevant to the practise of nursing that, having regard to all of the circumstances, would reasonably be regarded by members as disgraceful, dishonourable and unprofessional.

Reasons for Decision

The Agreed Statement of Facts was clear. It established the bases for the professional misconduct admitted by the Member. There was no reason to reject it.

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 provides as follows:

[ ] (the “Member”) and the College of Nurses of Ontario (the “College”) 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 should make an Order as follows:

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

2. Requiring the Member to pay a fine in the amount of $1000.00, payable to the Minister of Finance for Ontario, by delivering a certified cheque or money order to the Director of Investigations and Hearings by November 10th, 2006, by courier, registered mail, or another verifiable form of delivery, proof of which the Member shall retain.

Penalty Decision

The panel accepted the Joint Submission as to Penalty. Accordingly, it made a penalty order that required the Member to appear before the panel to be reprimanded and imposed a fine in the amount of $1000.00, to be paid by November 10, 2006 in the manner described in the Joint Submission as to Penalty.

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.

I, George Fieber, 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:

Cheryl McMaster, RPN Kris Guty, RN Bill Dowson, Public Member Jerry Dobie, Public Member