DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
PANEL: DAWN CUTLER, RN Chairperson
LAURA CARAVAGGIO, RPN Member
RENATE DAVIDSON Public Member MARY MACMILLAN-GILKINSON Public Member SUSAN ROGER, RN Member
BETWEEN:
COLLEGE OF NURSES OF ONTARIO ) NICK COLEMAN for ) College of Nurses of Ontario
- and - )
JUDE NZUONKWELLE NKWELLE ) SHEILA RIDDELL for Registration No. 08366564 ) Jude Nzuonkwelle Nkwelle
) CHRIS WIRTH
) Independent Legal Counsel
) Heard: FEBRUARY 13, 2018
DECISION AND REASONS
This matter came on for hearing before a panel of the Discipline Committee (“the Panel”) on February 13, 2018 at the College of Nurses of Ontario (“the College”) at Toronto.
Counsel for the College asked for additional time to continue to pursue a negotiated agreement. The Panel granted this request and commenced the hearing at 11:15 a.m.
The Allegations
The allegations against Jude Nzuonkwelle Nkwelle (“the Member”) as stated in the Notice of Hearing dated December 5, 2017 are as follows:
IT IS ALLEGED THAT:
- 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, as a Registered Nurse employed at the Centre for Addiction and Mental Health in Toronto, Ontario, you contravened a standard of practice of the profession or failed to meet the
standard of practice of the profession with respect to the following incidents regarding the client, [the Client], on or about February 12, 2016:
a. you failed to complete and/or ensure other staff completed the close observation (Q15) checks on the client as required between approximately 0445 hours and 0645 hours;
b. you documented that you had completed close observation (Q15) checks on the client that you had not actually performed between approximately 0445 hours and 0615 hours; and/or
c. you napped while on duty between approximately 0445 hours and 0600 hours.
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(14) of Ontario Regulation 799/93, in that, as a Registered Nurse employed at the Centre for Addiction and Mental Health in Toronto, Ontario, you falsified a record relating to your practice with respect to documenting that you had completed close observation (Q15) checks on the client, [the Client], that you had not actually performed between approximately 0445 hours and 0615 hours on or about February 12, 2016.
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, as a Registered Nurse employed at the Centre for Addiction and Mental Health in Toronto, Ontario, 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 with respect to following incidents regarding