College of Nurses of Ontario v. Papiya Mia Sircar, 2011 ONCNO 99874

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: Carl Balcom, RN Chairperson

Miranda Huang, RN Member Joseph Gajasan, RN Member Debra Mattina Public Member

Abdul Patel Public Member

BETWEEN:

COLLEGE OF NURSES OF ONTARIO ) LINDA ROTHSTEIN for ) College of Nurses of Ontario

• and - )

PAPIYA MIA SIRCAR ) NO REPRESENTATION for Registration No. 9711961 ) Papiya Mia Sircar

) Heard: October 14, 2011

DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee on October 14, 2011 at the College of Nurses of Ontario (“the College”) at Toronto.

The Allegations

The allegations against Papiya Mia Sircar (the “Member”) as stated in the Notice of Hearing dated August 29, 2011 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, as amended, and defined in subsection 1(1) of Ontario Regulation 799/93, in that on September 20, 2007, while working as a registered nurse at [the Clinic], you contravened a standard of practice of the profession or failed to meet a standard of practice of the profession with respect to your assessment, care, and documentation of a client [ ].

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, as amended, and defined in subsection 1(13) of Ontario Regulation 799/93, in that on September 20, 2007, while working as a registered nurse at [the Clinic], you failed to keep records as required regarding a client [ ].

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, as amended, and defined in subsection 1(37) of Ontario Regulation 799/93, in that on September 20, 2007, while working as a registered nurse at [the Clinic], you engaged in conduct or performed 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, and in particular with respect to your assessment, care and documentation of a client [ ].

Member’s Plea

The Member admitted the allegations set out in paragraphs numbered 1 through 3 in the Notice of Hearing. The panel received a written plea inquiry which was signed by the Member. The panel also conducted an oral 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. Papiya Mia Sircar (the “Member”) completed her basic nursing training in 1996 and registered with the College of Nurses of Ontario (the “College”) as a Registered Nurse in 1997.

2. The Member obtained a Bachelor degree in Nursing in 2000, and, prior to 2007, had certified in ACLS [Advanced Cardiac Life Support], TNCC [Trauma Nursing Core Course], ENPC [Emergency Nurse Pediatric Certification], and PALS [Pediatric Advanced Life Support]. Among other nursing employment, she worked in the emergency departments of hospitals from 1997-2008.

3. The Member began working for a nursing agency in 2007.

4. She obtained employment as a recovery room nurse at [the Clinic] on September 19, 2007.

5. The Member has no prior