DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
PANEL:
Carly Gilchrist, RPN Chairperson
Ian McKinnon Public Member
Natalie Montgomery Public Member
Martin Sabourin, RN Member
Sherry Szucsko-Bedard, RN Member
BETWEEN:
COLLEGE OF NURSES OF ONTARIO ) DENISE COONEY for ) College of Nurses of Ontario
- and - )
SCOTT KALEY ) NO REPRESENTATION for
Registration No. IE01289 ) Scott Kaley
) CHRISTOPHER WIRTH
) Independent Legal Counsel
) Heard: September 3, 2020
DECISION AND REASONS
This matter came on for hearing before a panel of the Discipline Committee (the “Panel”) of the College of Nurses of Ontario (the “College”) on September 3, 2020, via videoconference.
Publication Ban
College Counsel brought a motion pursuant to s.45(3) of the Health Professions Procedural Code of the Nursing Act, 1991, for an order preventing public disclosure and banning publication or broadcasting of the name, or any information that could disclose the identity, of the patient referred to orally or in any documents presented in the Discipline hearing of Scott Kaley.
The Panel considered the submissions of the parties and decided that there be an order preventing public disclosure and banning publication or broadcasting of the name, or any information that could disclose the identity, of the patient referred to orally or in any documents presented in the Discipline hearing of Scott Kaley.
The Allegations
The allegations against Scott Kaley (the “Member”) as stated in the Notice of Hearing dated August 12, 2020 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 while practicing as a Registered Practical Nurse at Quinte Health Care in Belleville, Ontario (the “Facility”), you contravened a standard of practice of the profession, or failed to meet the standard of practice of the profession, in that:
(a) you provided inadequate care to [the Patient] on or about August 17, 2018, including but not limited to the following:
i. you grabbed [the Patient] using unnecessary force;
ii. you pushed [the Patient] onto his bed;
iii. you held and/or pinned [the Patient] down on his bed; and/or
iv. you restrained [the Patient] using unnecessary force; and/or
(b) you provided inadequate care to [the Patient] on or about August 19, 2018, including but not limited to the following:
i. you grabbed [the Patient] using unnecessary force;
ii. you pushed [the Patient] down the hallway using unnecessary force; and/or
iii. you pushed [the Patient] into his room using unnecessary force.
- 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(7) of Ontario Regulation 799/93, in that while practicing as a Registered Practical Nurse at the Facility, you abused a patient verbally, physically, and/or emotionally, and in particular:
(a) on or about August 17, 2018:
i. you grabbed [the Patient] using unnecessary force;
ii. you pushed [the Patient] onto his bed;
iii. you held and/or pinned [the Patient] down on his bed; and/or
iv. you restrained [the Patient] using unnecessary force; and/or
(b) on or about August 19, 2018:
i. you grabbed [the Patient] using unnecessary force;
ii. you pushed [the Patient] down the hallway using unnecessary force; and/or
iii. you pushed [the Patient] into his room using unnecessary force.
- 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 practicing as a Registered Practical Nurse at the Facility, you engaged in conduct relevant to the practice of nursing that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, in that:
(a) you provided inadequate care to [the Patient] on or about August 17, 2018, including but not limited to the following:
i. you grabbed [the Patient] using unnecessary force;
ii. you pushed [the Patient] onto his bed;
iii. you held and/or pinned [the Patient] down on his bed; and/or
iv. you restrained [the Patient] using unnecessary force; and/or
(b) you provided inadequate care to [the Patient] on or about August 19, 2018, including but not limited to the following:
i. you grabbed [the Patient] using unnecessary force;
ii. you pushed [the Patient] down the hallway using unnecessary force; and/or
iii. you pushed [the Patient] into his room using unnecessary force.
Member’s Plea
The Member admitted the allegations set out in paragraphs 1(a)(i), (ii), (iii), (iv), 1(b)(i), (ii), (iii), 2(a)(i), (ii), (iii), (iv), 2(b)(i), (ii), (iii), 3(a)(i), (ii), (iii), (iv), 3(b)(i), (ii) and (iii) 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
College Counsel and the Member advised the Panel that agreement had been reached on the facts and introduced an Agreed Statement of Facts, which reads, unedited, as follows:
THE MEMBER
Scott Kaley (the “Member”) obtained a certificate in nursing from Fleming College in 1994.
The Member registered with the College of Nurses of Ontario (“CNO”) as a Registered Practical Nurse (“RPN”) on October 4, 1994. The Member moved to the Non-Practising Class on December 29, 2019.
The Member was employed at Quinte Health Care Corporation – Belleville General (the “Facility”) from 2002 to 2018. His employment was terminated following the Facility’s investigation into the incidents described below.
THE PATIENT
- The incidents involved a male patient who had a history of schizoaffective disorder and developmental delays (the “Patient”).
INCIDENTS RELEVANT TO ALLEGATIONS OF PROFESSIONAL MISCONDUCT
Incident #1: August 17, 2018
On August 17, 2018, the Patient was in his room alone lying on his bed. He then began to walk around his room.
The Member entered the Patient’s room holding a cup. The Patient sat down on the edge of his bed, crossed his arms and then swatted at the Member’s hand twice.
The second time the Patient swatted at the Member’s hand, the Member responded by pushing his body weight on the Patient and holding the Patient down on the bed.
The Patient initially resisted the Member’s force, but the Patient eventually stopped resisting. After approximately 20 seconds, the Member allowed the Patient to sit back up on the edge of the bed. The Member continued to hold both the Patient’s wrists, such that the Patient could not move.
A RPN at the Facility observed the interaction between the Member and the Patient through the computer monitor. She reported she was “shocked to see the force” the Member was using.
The RPN ran into the room and heard the Patient repeating “he choked me, he attacked me”. The Member stated that the Patient had swung at him, and the Patient said “you started this”. The Member told the Patient “you either take these or you’re getting an injection”. The Patient then took the medication.
The incident was captured on video footage (without audio).
The Member admits and acknowledges that he provided inadequate care to the Patient and his actions were a breach of the standards of practice of the profession. The Member further admits and acknowledges that his conduct, including grabbing the patient using unnecessary force, pushing the Patient onto this bed, holding the Patient down on this bed and restraining the Patient using unnecessary force amounted to verbal, physical and emotional abuse.
Incident #2: August 19, 2018
On August 19, 2018, the Member and a Registered Nurse (“RN”) at the Facility were sitting in the nursing room immediately prior to the incident.
At the time the Member and the other RN were sitting in the nursing room, the Patient wandered into the hall, and kicked at the nursing room door or doorframe.
The Member came out of the nursing room and grabbed the Patient’s arm in a forceful manner. The Member then forcefully pushed the Patient down the hall and pushed the Patient into his room and onto his bed.
The incident was captured on video footage (without audio).
The Member admits and acknowledges that he provided inadequate care to the Patient and his actions were a breach of the standards of practice of the profession. The Member further admits and acknowledges that his conduct, including grabbing the patient using necessary force, pushing the patient down the hallway using unnecessary force and pushing the patient into his room using unnecessary force, all amounted to verbal, physical and emotional abuse.
CNO STANDARDS
CNO’s Professional Standards provides that each nurse is accountable to the public and responsible for ensuring her or his practice and conduct meets legislative requirements and the standards of practice of the profession. A nurse demonstrates this standard by providing, facilitating, advocating and promoting the best possible care for patients.
CNO’s Professional Standards further provides, in relation to the Relationships standard, that each nurse establishes and maintains respectful, collaborative, therapeutic and professional relationships and a nurse demonstrates this standard by demonstrating respect and empathy for, and interest in patients.
CNO’s Therapeutic Nurse-Client Relationship Standard (“TNCR Standard”) places the responsibility for establishing and maintaining the therapeutic nurse-patient relationship on the nurse. The TNCR Standard further provides that the relationship is based on trust, respect, empathy and professional intimacy, and requires the appropriate use of power inherent in the care provider’s role.
The TNCR Standard provides that nurses use a wide range of effective communication strategies and interpersonal skills to appropriately establish, maintain, re-establish and terminate the nurse-patient relationship. A nurse meets the standard by:
a. being aware of her/his verbal and non-verbal communication style and how [patients] might perceive it;
b. modifying communication style, as necessary, to meet the needs of the [patient]; and
c. recognizing that all behaviour has meaning and seeking to understand the cause of a [patient’s] unusual comment, attitude or behaviour.
- The TNCR Standard also requires nurses to protect the patient from harm by ensuring that abuse is prevented or stopped and reported. With respect to protecting a patient from abuse, a nurse demonstrates having met the standard by:
a. not engaging in behaviours toward a [patient] that may be perceived by the [patient] and/or others to be violent, threatening or intending to inflict physical harm; and
b. not exhibiting physical, verbal and non-verbal behaviours toward a [patient] that demonstrate disrespect for the client and/or are perceived by the [patient] and/or others as abusive.
In addition, the TNCR Standard provides examples of abusive behaviours. Verbal and emotional abuse includes, but is not limited to, intimidation including threatening gestures/actions and insensitivity to the patient’s preferences. Physical abuse includes, but is not limited to, pushing, using force and handling a patient in a rough manner.
If the Member were to testify, he would say that the Patient had previously presented challenging behaviour, including violence towards staff, and he wanted to prevent the Patient’s behaviour from affecting other patients. The Member acknowledges that his response to the Patient’s behaviour was a breach of the standards of practice, and abusive. He would testify that his conduct was not typical of the standard of care he provides patients.
ADMISSIONS OF PROFESSIONAL MISCONDUCT
The Member admits that he committed the acts of professional misconduct as alleged in paragraphs 1 (a) to (b) of the Notice of Hearing in that he contravened a standard of practice of the profession, or failed to meet the standard of practice of the profession, as described in paragraphs 5 to 24 above.
The Member admits that he committed the acts of professional misconduct as alleged in paragraphs 2 (a) to (b) of the Notice of Hearing in that he abused a patient verbally, physically and emotionally, as described in paragraphs 5 to 15 and 22 to 24 and above.
The Member admits that he committed the acts of professional misconduct as alleged in paragraphs 3 (a) to (b) of the Notice of Hearing, and in particular his conduct was disgraceful, dishonourable and unprofessional, as described in paragraphs 5 to 24 above.
Decision
The College bears the onus of proving the allegations in accordance with the standard of proof, that being the balance of probabilities based upon clear, cogent and convincing evidence.
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(a)(i), (ii), (iii), (iv), 1(b)(i), (ii), (iii), 2(a)(i), (ii), (iii), (iv), 2(b)(i), (ii) and (iii) of the Notice of Hearing. With respect to allegations #2(a)(i), (ii), (iii), (iv), 2(b)(i), (ii) and (iii), the Panel finds that the Member abused the patient verbally, physically and emotionally. As to allegations #3(a)(i), (ii), (iii), (iv), 3(b)(i), (ii) and (iii), the Panel finds that the Member engaged in conduct that would reasonably be considered by members to be disgraceful, dishonourable and unprofessional.
Reasons for Decision
The Panel considered the Agreed Statement of Facts and the Member’s plea and finds that this evidence supports findings of professional misconduct as alleged in the Notice of Hearing.
Allegation #1(a) in the Notice of Hearing is supported by paragraphs 5-12 and 18-25 in the Agreed Statement of Facts. The Member committed an act of professional misconduct when he failed to meet the standards of practice when he used unnecessary force when providing care to the Patient. The Member pushed and pinned the Patient down on his bed while using unnecessary force and in doing so breached the College’s Professional Standards which set out that nurses are expected to maintain collaborative and respectful relationships with patients.
Allegation #1(b) in the Notice of Hearing is supported by paragraphs 13-25 in the Agreed Statement of Facts. The Member acknowledged that he committed the acts of professional misconduct when he failed to meet the standards of practice when he used unnecessary force when providing care to the Patient. The Member grabbed and pushed the Patient down the hall and into his room using unnecessary force.
Allegation #2(a) in the Notice of Hearing is supported by paragraphs 5-12, 22-24 and 26 in the Agreed Statement of Facts. The Panel finds that the Member physically, emotionally and verbally abused the Patient when he pushed the Patient down onto the bed, used unnecessary force and stated, “you either take these or you’re getting an injection”. The Therapeutic Nurse-Client Relationship Standard (the “TNCR Standard”) sets out that nurses are required to protect the patient from harm by ensuring abuse is prevented. The TNCR Standard provides examples of abusive behaviours that include but are not limited to intimidation, threatening gestures, pushing and handling a patient in a rough manner. The Member admits that he committed the acts of professional misconduct in that he abused the Patient verbally, physically and emotionally.
Allegation #2(b) in the Notice of Hearing is supported by paragraphs 13-17, 22-24 and 26 in the Agreed Statement of Facts. The Panel finds that the Member physically, emotionally and verbally abused the Patient when he forcefully pushed the Patient down the hall and pushed the Patient into his room and onto the bed. The TNCR Standard sets out that nurses are required to protect the patient from harm by ensuring abuse is prevented. The TNCR Standard documents a nurse demonstrates having met the standard by not exhibiting physical, verbal and non-verbal behaviours toward a patient that demonstrate disrespect and/or perceived by a patient or others as abusive. The Member admits that he committed the acts of professional misconduct in that he abused a patient verbally, physically and emotionally.
With respect to allegations # 3(a) and 3(b), the Panel finds that the Member’s conduct in verbally, physically and emotionally abusing the Patient on more than one occasion was unprofessional as it demonstrated a serious and persistent disregard for his professional obligations.
The Panel also finds that the Member’s conduct was dishonourable and disgraceful. The Member’s use of unnecessary force and abuse while caring for the Patient casts serious doubts on the Member’s moral fitness and inherent ability to discharge the higher obligations the public expects professionals to meet. The Member knew or ought to have known that his conduct was unacceptable and fell below the standards of a professional. The Member’s conduct also had the effect of shaming the Member and by extension the profession. Accordingly the Panel finds the conduct of the Member was relevant to the practice of nursing and that, having regard to all circumstances, members would reasonably regard it to be disgraceful, dishonourable and unprofessional.
Penalty
College Counsel and the Member advised the Panel that a Joint Submission on Order had been agreed upon. The Joint Submission on Order requests that this Panel make an order as follows:
Requiring the Member to appear before the Panel to be reprimanded within 3 months of the date that this Order becomes final.
Directing the Executive Director to suspend the Member’s certificate of registration for 6 months. This suspension shall take effect from the date the Member obtains an active certificate of registration in a practicing class and shall continue to run without interruption as long as the Member remains in a practicing class.
Directing the Executive Director to impose the following terms, conditions and limitations on the Member’s certificate of registration:
a) The Member will attend 2 meetings with a Regulatory Expert (the “Expert”), at his own expense and within 6 months the date the Member obtains an active certificate of registration in a practicing class. To comply, the Member is required to ensure that:
i. The Expert has expertise in nursing regulation and has been approved by the Director of Professional Conduct (the “Director”) in advance of the meetings;
ii. At least 7 days before the first meeting, the Member provides the Expert with a copy of:
the Panel’s Order,
the Notice of Hearing,
the Agreed Statement of Facts,
this Joint Submission on Order, and
if available, a copy of the Panel’s Decision and Reasons;
iii. Before the first meeting, the Member reviews the following CNO publications and completes the associated Reflective Questionnaires, online learning modules, decision tools and online participation forms (where applicable):
Professional Standards,
Therapeutic Nurse-Client Relationship,
Code of Conduct;
iv. Before the first meeting, the Member reviews and completes the CNO’s self-directed learning package, One is One Too Many, at his own expense, including the self-directed Nurses’ Workbook;
v. At least 7 days before the first meeting, the Member provides the Expert with a copy of the completed Reflective Questionnaires, online participation forms and Nurses’ Workbook;
vi. The subject of the sessions with the Expert will include:
the acts or omissions for which the Member was found to have committed professional misconduct,
the potential consequences of the misconduct to the Member’s patients, colleagues, profession and self,
strategies for preventing the misconduct from recurring,
the publications, questionnaires and modules set out above, and
the development of a learning plan in collaboration with the Expert;
vii. Within 30 days after the Member has completed the last session, the Member will confirm that the Expert forwards his/her report to the Director, in which the Expert will confirm:
the dates the Member attended the sessions,
that the Expert received the required documents from the Member,
that the Expert reviewed the required documents and subjects with the Member, and
the Expert’s assessment of the Member’s insight into his behaviour;
viii. If the Member does not comply with any one or more of the requirements above, the Expert may cancel any session scheduled, even if that results in the Member breaching a term, condition or limitation on his certificate of registration;
b) For a period of 18 months from the date the Member returns to the practice of nursing, the Member will notify his employers of the decision. To comply, the Member is required to:
i. Ensure that the Director is notified of the name, address, and telephone number of all employer(s) within 14 days of commencing or resuming employment in any nursing position;
ii. Provide his employer(s) with a copy of:
the Panel’s Order,
the Notice of Hearing,
the Agreed Statement of Facts,
this Joint Submission on Order, and
a copy of the Panel’s Decision and Reasons, once available;
iii. Ensure that within 14 days of the commencement or resumption of the Member’s employment in any nursing position, the employer(s) forward(s) a report to the Director, in which it will confirm:
that they received a copy of the required documents, and
that they agree to notify the Director immediately upon receipt of any information that the Member has breached the standards of practice of the profession.
c) The Member shall not practice independently in the community for a period of 18 months from the date the Member returns to the practice of nursing.
- All documents delivered by the Member to the CNO, the Expert or the employer(s) will be delivered by verifiable method, the proof of which the Member will retain.
Penalty Submissions
Submissions were made by College Counsel.
The aggravating factors in this case were:
The Patient was highly vulnerable;
The Member admitted to serious abusive behaviour over a short time frame;
The Member’s clear disregard to his obligations to the Patient;
The Member admitted to the use of unnecessary force when caring for a vulnerable patient.
The mitigating factors in this case were:
The Member accepted responsibility for his actions early in the investigation;
The Member accepted responsibility for his conduct as admitted at the hearing;
The Member has no prior disciplinary history with the College.
The proposed penalty provides for general deterrence through:
The oral reprimand;
The 6 month suspension.
The proposed penalty provides for specific deterrence through:
The oral reprimand;
The 6 month suspension.
The proposed penalty provides for remediation and rehabilitation through:
- The terms, conditions and limitations placed on the Member’s certificate of registration, including two meetings with a Regulatory Expert which will allow the Member to reflect on his professional standards and requirements.
Overall, the public is protected because:
The proposed Joint Submission on Order, in its totality, is geared toward public protection. The order sends a message to nurses that there are consequences for their behaviour, and to the public of the profession’s ability to self-regulate;
In particular, the 18 month employer notification will protect the public because of the increased employer awareness and understanding of the Member’s past, as well as the Member will not able to practice independently for 18 months once his employment starts.
College Counsel submitted cases to the Panel to demonstrate that the proposed penalty fell within the range of similar cases from this Discipline Committee.
CNO v. Agustin (Discipline Committee, 2019): The member in this case failed to meet the standards of practice when she raised her voice with an angry undertone and commented “oh there is shit everywhere” when the client soiled themselves as well as struck the client with a slipper on and around the client’s face. The client was an elderly person with dementia. The member was given a penalty including an oral reprimand, a 4 month suspension, 2 meetings with an Expert and an 18 month employer notification.
CNO v. Thompson (Discipline Committee, 2019): In this case, the member failed to meet the standards of practice when he used excessive force while holding a patient down and failed to engage in therapeutic communication with the patent. The member was given a penalty including an oral reprimand, a 6 month suspension, 2 meetings with an Expert, an 18 month employer notification and no independent practice in the community for a period of 18 months from the date the member returned to the practice of nursing.
CNO v. Wreaks (Discipline Committee, 2017): In this case, the member failed to meet the standards of practice when she used excessive force while restraining a client and physically, verbally and emotionally abused a client. The member was given a penalty including an oral reprimand, a 4 month suspension, 2 meetings with an Expert and a 12 month employer notification.
The Member did not make any submissions on penalty.
Penalty Decision
The Panel accepts the Joint Submission on Order and accordingly orders:
The Member is required to appear before the Panel to be reprimanded within 3 months of the date that this Order becomes final.
The Executive Director is directed to suspend the Member’s certificate of registration for 6 months. This suspension shall take effect from the date the Member obtains an active certificate of registration in a practicing class and shall continue to run without interruption as long as the Member remains in a practicing class.
The Executive Director is directed to impose the following terms, conditions and limitations on the Member’s certificate of registration:
a) The Member will attend 2 meetings with a Regulatory Expert (the “Expert”), at his own expense and within 6 months the date the Member obtains an active certificate of registration in a practicing class. To comply, the Member is required to ensure that:
i. The Expert has expertise in nursing regulation and has been approved by the Director of Professional Conduct (the “Director”) in advance of the meetings;
ii. At least 7 days before the first meeting, the Member provides the Expert with a copy of:
the Panel’s Order,
the Notice of Hearing,
the Agreed Statement of Facts,
this Joint Submission on Order, and
if available, a copy of the Panel’s Decision and Reasons;
iii. Before the first meeting, the Member reviews the following CNO publications and completes the associated Reflective Questionnaires, online learning modules, decision tools and online participation forms (where applicable):
Professional Standards,
Therapeutic Nurse-Client Relationship,
Code of Conduct;
iv. Before the first meeting, the Member reviews and completes the CNO’s self-directed learning package, One is One Too Many, at his own expense, including the self-directed Nurses’ Workbook;
v. At least 7 days before the first meeting, the Member provides the Expert with a copy of the completed Reflective Questionnaires, online participation forms and Nurses’ Workbook;
vi. The subject of the sessions with the Expert will include:
the acts or omissions for which the Member was found to have committed professional misconduct,
the potential consequences of the misconduct to the Member’s patients, colleagues, profession and self,
strategies for preventing the misconduct from recurring,
the publications, questionnaires and modules set out above, and
the development of a learning plan in collaboration with the Expert;
vii. Within 30 days after the Member has completed the last session, the Member will confirm that the Expert forwards his/her report to the Director, in which the Expert will confirm:
the dates the Member attended the sessions,
that the Expert received the required documents from the Member,
that the Expert reviewed the required documents and subjects with the Member, and
the Expert’s assessment of the Member’s insight into his behaviour;
viii. If the Member does not comply with any one or more of the requirements above, the Expert may cancel any session scheduled, even if that results in the Member breaching a term, condition or limitation on his certificate of registration;
b) For a period of 18 months from the date the Member returns to the practice of nursing, the Member will notify his employers of the decision. To comply, the Member is required to:
i. Ensure that the Director is notified of the name, address, and telephone number of all employer(s) within 14 days of commencing or resuming employment in any nursing position;
ii. Provide his employer(s) with a copy of:
the Panel’s Order,
the Notice of Hearing,
the Agreed Statement of Facts,
this Joint Submission on Order, and
a copy of the Panel’s Decision and Reasons, once available;
iii. Ensure that within 14 days of the commencement or resumption of the Member’s employment in any nursing position, the employer(s) forward(s) a report to the Director, in which it will confirm:
that they received a copy of the required documents, and
that they agree to notify the Director immediately upon receipt of any information that the Member has breached the standards of practice of the profession.
c) The Member shall not practice independently in the community for a period of 18 months from the date the Member returns to the practice of nursing.
- All documents delivered by the Member to the CNO, the Expert or the employer(s) will be delivered by verifiable method, the proof of which the Member will retain.
Reasons for Penalty Decision
The Panel understands that the penalty ordered should protect the public and enhance public confidence in the ability of the College to regulate nurses. This is achieved through a penalty that addresses specific deterrence, general deterrence and, where appropriate, rehabilitation and remediation. The Panel also considered the penalty in light of the principle that joint submissions should not be interfered with lightly.
The Panel concluded that the proposed penalty is reasonable and in the public interest. The Member has co-operated with the College and, by agreeing to the facts and a proposed penalty, has accepted responsibility. The Panel finds that the penalty satisfies the principles of specific and general deterrence, rehabilitation and remediation, and public protection. Since the Member will be completing 18 months of employer notification as well as 18 months of no independent practice, the ultimate goal of public protection has been met. The transparency of posting the results of this proceeding on the College’s register will maintain public confidence and demonstrate the College’s ability to regulate nurses.
The penalty is in line with what has been ordered in previous cases.
I, Carly Gilchrist, 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.