DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
PANEL: Catherine Egerton, PM Chairperson Carly Gilchrist, RPN Member George Rudanycz, RN Member Terah White, RPN Member Richard Woodfield Public Member
BETWEEN:
COLLEGE OF NURSES OF ONTARIO DENISE COONEY for College of Nurses of Ontario
- and -
STEVEN MYMRYK NO REPRESENTATION for Steven Mymryk Registration No.: AJ762481
CHRISTOPHER WIRTH Independent Legal Counsel
Heard: February 26, 2020
DECISION AND REASONS
This matter came on for hearing before a panel of the Discipline Committee (the “Panel”) on February 26, 2020 at the College of Nurses of Ontario (the “College”) at Toronto.
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 the public disclosure of the names or information identifying the patients whose identities are disclosed in the Discipline hearing of Steven Mymryk or any information that could disclose the names, including a ban on the publication or broadcasting of this information.
The Panel considered the submissions of the Parties and decided that there be an order preventing the public disclosure of the names or information identifying the patients whose identities are disclosed in the Discipline hearing of Steven Mymryk or any information that could disclose the names, including a ban on the publication or broadcasting of this information.
The Allegations
The allegations against Steven Mymryk (the “Member”) as stated in the Notice of Hearing dated January 27, 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 District of Kenora Home for the Aged – Pinecrest in Kenora 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) on or about June 19, 2018, you spoke to [Patient 1] in an inappropriate tone of voice;
(b) on or about June 19, 2018, you threw and/or spilled a glass of liquid and/or the contents of a glass of liquid at [Patient 1];
(c) on or about September 10, 2018, you spoke to [Patient 2] in an inappropriate tone of voice;
(d) on or about September 10, 2018, you made rude and/or inappropriate comments directed at [Patient 2], including but not limited to words to the effect of “suit yourself”, “don’t eat”, “doesn’t bother me none” and/or “if you want to die”;
(e) on or about September 10, 2018, you yelled at [Patient 3];
(f) on or about September 10, 2018, you hit and/or struck [Patient 3];
(g) on or about September 11, 2018, you pushed [Patient 3]’s wheelchair using inappropriate force;
(h) on or about September 11, 2018, you failed to take appropriate steps to ensure [Patient 3] received appropriate care, including but not limited to ensuring her soiled pants were changed;
(i) on or about September 11, 2018, you made rude and inappropriate comments directed at [Patient 4], including but not limited to words to the effect of “wake up”, “do you want to eat or not”; and/or
(j) on or about September 11, 2018, you forced and/or attempted to force [Patient 4] to eat.
- 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 June 19, 2018, you spoke to