PUBLISHED JUNE 2002
DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
FULL-TEXT DECISION
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 the allegations have been dismissed or if the results are not placed on the public portion of the Register.
Panel:
Lois Vanson, RPN Chairperson Gabrielle Bridle, RPN Member Sandra Keating, RN Member
Michael Ternovan Public Representative Tom Clifford Public Representative
BETWEEN
COLLEGE OF NURSES OF ONTARIO Megan Shortreed for College of Nurses of Ontario
- and -
H. MARIE PATTON #GJ-4270-8
DECISION AND REASONS
Michelle Brodey for H. Marie Patton
Heard: October 10, 2001
This matter came on for hearing before a panel of the Discipline Committee on October 10, 2001 at the College of Nurses of Ontario at Toronto.
The Allegations
The allegations against H.Marie Patton as stated in the Notice of Hearing dated October 10, 2001, 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 while working as a Registered Practical Nurse at the [Hospital], you contravened a standard of practice of the profession or failed to maintain the standards of practice of the profession in respect of the following incidents:
a. your inappropriate communication to [the client] between 00:00 and 01:00 hours on March 16, 2000; and/or
b. your rough handling of [the client] between 00:00 and 01:00 hours on March 16, 2000; 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(7) of Ontario Regulation 799/93, in that while working as a Registered Practical Nurse at the [Hospital], you abused a client verbally, physically or emotionally in respect of the following incidents:
a. your inappropriate communication to [the client] between 00:00 and 01:00 hours on March 16, 2000; and/or
b. your rough handling of [the client] between 00:00 and 01:00 hours on March 16, 2000; 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 while working as a Registered Practical Nurse at the [Hospital], 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 in respect of the following incidents:
a. your inappropriate communication to [the client] between 00:00 and 01:00 hours on March 16, 2000; and/or
b. your rough handling of [the client] between 00:00 and 01:00 hours on March 16, 2000.
Counsel for the College advised the panel that the College was withdrawing allegation 2(b) of the Notice of Hearing.
Member’s Plea
The Member, H. Marie Patton admitted the allegations set out in paragraphs numbered 1(a), 1(b), 2(a), 3(a) and 3(b) in the Notice of Hearing (Exhibit #1). 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 (Exhibit #2) which provided as follows:
The Member
- Ms Patton graduated from the nursing program at [ ] in 1970 and commenced her employment as a