DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
PANEL: Michael Hogard, RPN Chairperson Tammy Hedge, RPN Member Winsome Plummer, RN Member Margaret Tuomi Public Member Chuck Williams Public Member
BETWEEN:
COLLEGE OF NURSES OF ONTARIO ) EMILY LAWRENCE for ) College of Nurses of Ontario
- and - )
JULIE McGOWAN ) NO REPRESENTATION for Registration No. AA786640 ) Julie McGowan ) ANDREA GONSALVES ) Independent Legal Counsel ) Heard: July 6, 2016
DECISION AND REASONS ON PENALTY
This panel of the Discipline Committee (the “Panel”) issued its decision and reasons for decision on June 30, 2016, finding the Member guilty of professional misconduct. The Panel held a hearing on July 6, 2016 to determine the appropriate penalty. The Member was not present and not represented.
Penalty Submissions – the College
Penalty Submissions
College Counsel submitted that both parties had received a copy of the Panel’s decision and reasons and the Panel’s order with respect to its findings of professional misconduct. The Member had been found guilty of professional misconduct for multiple transgressions that took place from approximately December 2012 to July 29, 2013. During that time, the Member committed offenses relevant to her suitability to practice as she was found guilty of being in possession of stolen license plates, was found guilty of breaking and entering, and was found guilty of using a stolen credit card on two occasions in July of 2013. The Member also committed acts of professional misconduct in that she failed to attend five scheduled appointments with clients, misappropriated a narcotic from a client, attempted to steal from a client’s family member, and misappropriated property from the facility where she worked in that she billed and was paid for client visits she did not make.
The Member no longer has a certificate of registration, as her certificate was revoked for non-payment of fees in 2014. This penalty hearing was adjourned pending the appeal of another member, regarding the Panel’s ability to revoke the certificate of practice of a person who had resigned. The Divisional Court of Ontario has confirmed that the Panel does in fact have jurisdiction to revoke a certificate of registration that was is already revoked.
The College urged the Panel to seek the advice of ILC if they felt the need to, and the Panel, being familiar with this issue, declined to do so.
The College then submitted that the only appropriate action in this case is for the Panel to make an order to issue an oral reprimand and revoke the Member’s certificate of registration.
The Member through her lack of participation is ungovernable and her conduct showed a clear pattern of deception. The clients that the Member interacted with were vulnerable and her actions were wholly inconsistent with the obligation nurses have in their profession.
Specific deterrence is in the forefront of this order, as the Member would be revoked, although revocation does not have the same weight to a member when the member is not practicing.
The reprimand is important to communicate to the Member that this behaviour is not tolerated. There is a high bar set, should the Member seek to be reinstated. These sanctions will send a clear message to the Member.
The College did not submit any case law, but advised the Panel that they would provide it, if the Panel required it.
Penalty Decision
The Panel, having made findings of professional misconduct as outlined in the Order dated July 6, 2016 and the Reasons for Decision dated June 30, 2016, made the following Penalty Order:
The Member shall appear before the Panel to be reprimanded within three months of the date that this Order becomes final.
The Executive Director is directed to immediately revoke the Member’s certificate of registration.
Reasons for Penalty Decision
The Panel found the proposed penalty of the College to be reasonable and in the best interest of the protection of the public.
The Panel found that, although the Member’s certificate of registration was revoked for non-payment of fees, the Member should not be allowed to escape accountability for her actions.
The Member repeatedly made errors in judgement, which led to harm or potential harm to vulnerable clients.
There were no mitigating factors noted, except for this is the Member’s first disciplinary action.
The aggravating factor noted is that the Member was not present to accept responsibility for her actions. All her actions, plus her lack of participation, show that she is ungovernable.
The order serves the purpose of general deterrence in that the clear findings provide direction to the membership regarding the expectations of its members.
This penalty demonstrates to the public and the membership that conduct such as this will not be tolerated.
The reprimand may provide an opportunity for reflection, insight and remorse, should the Member seek to be reinstated.
The Member will not be practicing and therefore the dual goals of public protection and public confidence in the ability of the College to regulate its members are served.
I, Michael Hogard, RPN, 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