College of Nurses of Ontario v. Surujdeo Narain, 2016 ONCNO 102079

Discipline Committee of the College of Nurses of Ontario

PANEL: TAMMY HEDGE, RPN Chairperson CATHY EGERTON Public Member SHIRAZ IRANI, RN Member ASHLEIGH MOLLOY Public Member GEORGE RUDANYCZ, RN Member

BETWEEN:

COLLEGE OF NURSES OF ONTARIO ) JEAN-CLAUDE KILLEY for ) College of Nurses of Ontario

• and - )

SURUJDEO NARAIN ) ROBERT STEPHENSON for Registration No. 0434209 ) Surujdeo Narain

) Heard: May 27, 2016

AMENDED DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee on May 27, 2016 at the College of Nurses of Ontario (“the College”) at Toronto.

The Allegations

At the outset of the hearing, College Counsel advised that the College was seeking leave to withdraw certain allegations. The panel granted that request. The remaining allegations against Surujdeo Narain (the “Member”) as stated in the Notice of Hearing dated are as follows.

1. You have committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of Health Professions Procedural Code of the Nursing Act, 1991, S. O. 1991, c. 32 and defined in paragraph 1(1) of Ontario Regulation 799/93 as amended, in that you contravened or failed to meet standards of practice of the profession while working as a registered nurse employed by [the Agency] and in particular:

a. between about December 31, 2011 and January 2, 2012, with respect to [Client A.], you:

i. [Withdrawn];

ii. [Withdrawn];

iii. Failed to maintain the confidentiality of the client health information by making a personal copy of the client health record;

iv. [Withdrawn];

v. Failed to promptly report the death of [Client A.] to [the Agency]; and/or

b. between about January 28, 2012 and January 29, 2012, with respect to [Client B.], you:

i. [Withdrawn];

ii. Failed to ask for and/or seek assistance to ensure timely and/or appropriate nursing care was provided.

2. [Withdrawn];

3. [Withdrawn];

4. You have committed an act or acts 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 and defined in paragraph 1(37) of Ontario Regulation 799/93 as amended, 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 working as a registered nurse employed by [the Agency] and in particular:

a. between about December 31, 2011 and January 2, 2012, with respect to [Client A.], you:

i. [Withdrawn];

ii. [Withdrawn];

iii. Failed to maintain the confidentiality of the client health information by making a personal copy of the client health record;

iv. [Withdrawn];

v. Failed to promptly report the death of [Client A.] to [the Agency];

vi. [Withdrawn];

vii. [Withdrawn];

viii. [Withdrawn];

ix. Inaccurately charted that you visited and/or treated clients at 21:45, 21:50, 22:00, 22:50, 23:00 and/or 23:15 when you did not do so; and/or

b. Between about January 28 and January 29, 2012, with respect to [Client B.], you:

i. [Withdrawn];

ii. Failed to ask for and/or seek assistance to ensure timely and/or appropriate nursing care was provided; and/or failed to document your attempted visits and/or discussions with [Client B.].

5. [Withdrawn];

6. You have committed an act of professional misconduct as provided by subsection