College of Nurses of Ontario v. Caron Campbell, 2012 ONCNO 99760

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL:

Dennis Curry, RN Chairperson

Marianne Fletcher, RN Member

Sandra Steele, RPN Member

Joan King, Public Member

Margaret Tuomi, Public Member

BETWEEN:

COLLEGE OF NURSES OF ONTARIO (MATTHEW SAMMON for College of Nurses of Ontario)

• and -

CARON CAMPBELL Registration No. 9707068 (NO REPRESENTATION for Caron Campbell)

(LUISA RITACCA, Independent Legal Counsel)

Heard: November 29, 2012

DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee on November 29, 2012, at the College of Nurses of Ontario (“the College”) at Toronto.

As Caron Campbell (the “Member”) was not present, the hearing recessed for 30 minutes to allow time for the Member to appear. Upon reconvening, the panel noted that the Member was not in attendance.

Counsel for the College provided the panel with evidence that the Member had been sent the Notice of Hearing on September 19, 2012. The panel was satisfied that the Member had received adequate notice and therefore proceeded with the hearing in the Member’s absence.

The Allegations

The allegations against Caron Campbell (the “Member”) as stated in the Notice of Hearing dated September 19, 2012 [ ], are as follows.

IT IS ALLEGED THAT:

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 paragraph 1(16) of Ontario Regulation 799/93, in or about June 2011, in that you inappropriately used a term, title or designation in respect of your practice, by using the title and/or designation of registered nurse while your certificate of registration was suspended by order of a panel of the Discipline Committee made on May 4, 2011.

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 paragraph 1(19) of Ontario Regulation 799/93, in or about June 2011, in that you contravened a provision of the Nursing Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Act, while your certificate of registration was suspended by order of a panel of the Discipline Committee made on May 4, 2011, by:

a) using the title and/or designation of registered nurse; and/or

b) holding yourself out as a nurse; and/or

c) performing one or more controlled acts.

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 paragraph 1(21) of Ontario Regulation 799/93, in or about June 2011, in that you failed to comply with an order of a panel of the Discipline Committee made on May 4, 2011, with respect to the following incidents:

a) you practised nursing, and/or held yourself out as a nurse, and/or performed one or more controlled acts, when your certificate of registration was suspended; and/or

b) you failed to attend before the Discipline Committee to be reprimanded; and/or

c) you failed to comply with terms, conditions and limitations imposed upon your certificate of registration by the Discipline Committee.

4. 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 paragraph 1(37) of Ontario Regulation 799/93, in or about June 2011, in that you engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional while your certificate of registration was suspended by order of a panel of the Discipline Committee made on May 4, 2011, with respect to the following incidents:

a) you practised nursing, and/or held yourself out as a nurse, and/or performed one or more controlled acts, when your certificate of registration was suspended; and/or

b) you failed to attend before the Discipline Committee to be reprimanded; and/or

c) you failed to comply with terms, conditions and limitations on your certificate of registration imposed by the Discipline Committee; and/or

d) you failed to disclose to your employer, [ ], that your certificate of registration was suspended.

Member’s Plea

Given that the Member was not present nor represented, she was deemed to have denied the allegations in the Notice of Hearing. The Hearing proceeded on the basis that the College bore the onus of proving the allegations in the Notice of Hearing against the Member.

Overview

The Member has been a Registered Nurse since 1997. In 2011, the Member was found to have committed an act of professional misconduct by the panel of the Discipline Committee. The penalty ordered by the panel included an oral reprimand, a one month suspension from June 8, 2011 to July 8, 2011, a remedial program and a fine. The Member was directed to inform her employer(s) of the Discipline Hearing and Order (the May 2011 Order).

The Member did not comply with any aspect of the May 2011 Order.

Issues

1. Did the Member attend an oral reprimand?

2. Did the Member practice while her certificate of registration was suspended?

3. Did the Member participate in a remediation program?

4. Did the Member pay her fine?

5. Did the Member inform her employer of her suspended certificate of registration?

The Evidence

The panel heard evidence from two witnesses:

Issue 1:

The first witness, [ ], Monitoring Administrator at the College, affirmed that the Member had not participated in an oral reprimand.

Issue 2:

The second witness, [ ], Manager of the Cath Lab and Cardiac Short Stay Unit at [the Facility], testified that the Member practiced as an RN while her certificate of registration was under suspension. Documentation from [the Facility], which included [client] records, narcotic administration records, payroll records, and an employee schedule, was provided to the panel and clearly demonstrated that the Member was working while under suspension.

Issue 3:

[The Monitoring Administrator] testified that the Member did not participate in any remediation activities.

Issue 4:

Similarly, [the Monitoring Administrator] testified that the fine set out had not been paid.

Issue 5:

[The Manager] testified she was unaware of the suspension until the College contacted the Human Resources Department in September 2011 to inquire whether the Member had worked during the period of her suspension. She confirmed that the Member had not informed her, or to her knowledge anyone at [the Facility], about the May 2011 Order.

Final Submissions

College Counsel submitted that the evidence clearly proved that the Member had defied the May 2011 Order, despite numerous reminders from the College. College Counsel submitted that this behaviour showed a clear disregard for the Discipline Committee and the College as a whole. The College argued that the Member’s behaviour undermines the very purpose of self-regulation.

Decision

Having considered the evidence and the onus and standard of proof, the panel finds that the Member committed acts of professional misconduct as alleged in paragraphs 1, 2 a), 2 b), 2 c), 3 a), 3 b), 3 c), and 4 a), 4 b), 4 c), 4 d) of the Notice of Hearing. In particular, the Member engaged in conduct that would reasonably be regarded by members of the profession as disgraceful, dishonourable and unprofessional by ignoring the Order of a panel of the Discipline Committee.

Reasons for Decision

The panel considered the submissions by College Counsel and the evidence presented and is satisfied that the Member held herself out as a Registered Nurse and engaged in the practice of nursing while suspended.

The evidence also demonstrated that the Member had failed to comply with the May 2011 Order, particularly by not attending to be reprimanded, failing to notify her employer of the Order, and by failing to comply with any of the remedial terms found therein.

The panel considered the Member’s conduct to be disrespectful of the College and the discipline process. Her conduct undermines self-regulation and in the panel’s view would be regarded by members of the profession as disgraceful, dishonourable and unprofessional.

Penalty

Penalty Submissions

College Counsel submitted that the Member’s certificate of registration should be revoked. He submitted [that] the Member was ungovernable and that there was no indication that remediation would be of any use.

College Counsel submitted that there was no good reason why the Member chose to ignore the May 2011 Order.

He submitted that a member’s willingness to comply with the rules of its professional regulatory body is a cornerstone of self-regulation. He said that if members do not abide by regulations, they should not be allowed to practi[s]e.

College Counsel submitted that the Member had no respect for the basic tenets of self-regulation. He stressed that the practice of nursing is a privilege, not a right.

Penalty Decision

The panel makes the following order as to penalty.

• The Executive Director is directed to immediately revoke the Member’s certificate of registration.

Reasons for Penalty Decision

The panel considered the submissions by College Counsel and the evidence presented by the witnesses. The panel is satisfied that in these circumstances the Member is ungovernable.

The Member was dishonest with her employer. It was grossly unprofessional for the Member to continue working while under suspension and her ongoing defiance of the May 2011 Order was disgraceful.

The penalty of revocation is fair and appropriate in these circumstances. It protects self-regulation and sends a strong message to the membership that this type of behaviour will not be tolerated.

I, Dennis Curry, 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:

Marianne Fletcher, RN

Sandra Steele, RPN

Joan King

Margaret Tuomi