College of Nurses of Ontario v. Harjeet Kaur Brar, 2017 ONCNO 49348

Discipline Committee of the College of Nurses of Ontario

Panel: Spencer Dickson, RN Chairperson Tanya Dion, RN Member Catherine Egerton Public Member Cheryl Evan, RN Member Ashleigh Molloy Public Member

Between:

College of Nurses of Ontario Emily Lawrence for College of Nurses of Ontario

• and -

Harjeet Kaur Brar, Reg. No. 09370218 Sophia Ruddock for Harjeet Kaur Brar

Heard: February 15, 2017

Decision and Reasons

This matter came on for hearing before a panel of the Discipline Committee (“the Panel”) on February 15, 2017 at the College of Nurses of Ontario (“the College”) at Toronto.

Order for Publication And Broadcasting Ban

An order banning the publication and broadcasting of the identities of the clients was requested by the College, and agreed to by the Harjeet Kaur Brar (the “Member”). The Panel considered the submissions of the parties and ordered the ban of the publication and broadcasting outside of the hearing room of the names of the clients referred to in the Discipline Hearing of the Member, or of any information that could reasonably disclose the clients’ identities, including any reference to client names contained in the allegations in the Notice of Hearing and in any exhibits filed with the Panel.

The Allegations

Counsel for the College advised the Panel that the College was requesting leave to withdraw the allegations set out in paragraphs 1(b) and 2(b) of the Notice of Hearing dated October 19, 2016. The Panel granted this request. The remaining allegations against the Member 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 subsection 1(1) of the Ontario Regulation 799/93, in that while working as a Registered Nurse at [the Hospital] in [ ], Ontario (the “Hospital”), you contravened a standard of practice of the profession or failed to meet the standards of practice of the profession with respect to:

a. accessing client [Client B’s] personal health information in electronic medical records, without consent or other authorization, on or about June 20, 2014 at 02:46 hours; or

b. [withdrawn]

c. accessing client [Client A’s] personal health information in electronic medical records, without consent or other authorization, on or about July 5, 2014, at 08:06 hours; and/or

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(37) of Ontario Regulation 799/93, in that, while employed as a Registered Nurse at the Hospital, 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 of the profession as disgraceful, dishonourable or unprofessional with respect to:

a. accessing client [Client B’s] personal health information in electronic medical records, without consent or other authorization, on or about June 20, 2014 at 02:46 hours; or

b. [withdrawn]

c. accessing client [Client A’s] personal health information in electronic medical records, without consent or other authorization, on or about July 5, 2014, at 08:06 hours.

Member’s Plea

The Member admitted the allegations set out in paragraphs 1(a), 1(c), 2(a) and 2(c) 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 and the Member advised the Panel that agreement had been reached on the facts and introduced an Agreed Statement of Facts, which reads as follows.

THE MEMBER

1. Harjeet Kaur Brar (the “Member”) obtained a degree in nursing from Baba Farid University of Health Science in India in 2006.

2. The Member registered with the College of Nurses of Ontario (the “College”) as a Registered Nurse (“RN”) on January 6, 2009.

3. The Member was employed at [the Hospital] from July 4, 2011 to October 23, 2014 when her employment was terminated as a result of the incidents below.

THE HOSPITAL

4. The Hospital is located in [ ], Ontario.

5. The Member worked in the Emergency Department as a full-time staff nurse.

HOSPITAL POLICIES

6. The Member signed the Hospital’s Confidentiality Agreement on June 2, 2011. In doing so, the Member agreed to, “…observe and comply with all policies and procedures of [the Hospital] with respect to privacy, confidentiality and security.” She also agreed that "Except when I am legally authorized to do so and as required in the proper and faithful discharge of my duties of responsibilities, I will not access, use or disclose confidential information that comes to my knowledge or possession by reason of my employment…”

7. The Hospital’s policy on “Protection of Personal Health Information” defines an unwarranted access as “any access to information by someone who does not have authorized purpose, justification or legal authority.”

8. The Hospital’s policies adopt the “Circle of Care” analysis