DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
PANEL: Carly Gilchrist, RPN Chairperson Sylvia Douglas Public Member Deborah Graystone, NP Member Terah White, RPN Member Richard Woodfield Public Member
BETWEEN:
COLLEGE OF NURSES OF ONTARIO JEAN-CLAUDE KILLEY for College of Nurses of Ontario
- and -
TAMARA WHYTE Registration No. JD03006 REBECCA YOUNG for Tamara Whyte
CHRISTOPHER WIRTH Independent Legal Counsel
Heard: February 25, 2020
DECISION AND REASONS
This matter came on for hearing before a Panel of the Discipline Committee (the “Panel”) on February 25, 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, including a ban on the publication or broadcasting of the identity of the patient in the Discipline hearing of Tamara Whyte or any information that could disclose the patient’s identity, including any reference to the patient’s name contained in the allegations in the Notice of Hearing and in any exhibits filed with the Panel.
The Panel considered the submissions of the Parties and decided that there be an order preventing the public disclosure, including a ban on the publication or broadcasting of the identity of the patient in the Discipline hearing of Tamara Whyte or any information that could disclose the patient’s identity, including any reference to the patient’s name contained in the allegations in the Notice of Hearing and in any exhibits filed with the Panel.
The Allegations
College Counsel advised the Panel that the College was seeking leave to withdraw the allegations set out in paragraphs 1(c), 2(a) and 3(c) of the Notice of Hearing. The Panel permitted these allegations to be withdrawn.
The remaining allegations against Tamara Whyte (the “Member”) as stated in the Notice of Hearing dated January 17, 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 practising as a Registered Practical Nurse at Bendale Acres Long-Term Care Home, you contravened a standard of practice of the profession or failed to meet the standards of practice of the profession, and in particular, on or about June 15, 2016, while assigned to provide care to [the Patient]., you:
(a) failed to assess the client’s blood pressure, vital signs, blood glucose levels, and/or level of consciousness, in circumstances where such assessments were indicated, and/or you failed to document such assessments;
(b) failed to assess and/or respond to changes in the client’s health condition throughout the shift;
(c) [Withdrawn];
(d) failed to review [the Patient’s] health records from her stay in hospital and/or to contact the hospital to obtain information with respect to her care there;
(e) failed to transfer [the Patient] to the hospital;
(f) failed to report accurately the change in the client’s condition to the client’s daughter and/or to co-workers; and/or
(g) failed to document vital signs assessed at around 1615 hrs until around 2300 hrs;
(a) [Withdrawn];
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 practising as a Registered Nurse at Bendale Acres Long-Term Care Home, 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, and in particular:
(a) failed to assess the client’s blood pressure, vital signs,