Discipline Committee of the College of Nurses of Ontario
PANEL: Tyler Hands, RN Chairperson Carly Gilchrist, RPN Member Carly Hourigan Public Member Sharon Moore, RN Member
BETWEEN:
COLLEGE OF NURSES OF ONTARIO JOSEPH BERGER for College of Nurses of Ontario
- and -
EDGARDO CARTA JR. Registration No. 0015016 BEN MILLARD for Edgardo Carta Jr. CHRISTOPHER WIRTH Independent Legal Counsel
Heard: January 19, 2024
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 January 19, 2024, via videoconference.
The Allegations
College Counsel advised the Panel that the College was requesting leave to withdraw the allegations set out in paragraphs #1(b), #2(b), #3, #4 and #5(b) in the Notice of Hearing dated December 12, 2023. The Panel granted this request. The remaining allegations against Edgardo Carta Jr. (the “Member”) 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 working as a Registered Nurse at Toronto General Hospital in Toronto, Ontario (the “Facility”), you contravened a standard of practice of the profession or failed to meet the standards of practice of the profession, and in particular:
(a) In or around 2014 to 2016, you submitted and/or accepted payment and/or facilitated improper claims under the Facility’s employee group benefit plan on behalf of Facility employees;
(b) [Withdrawn].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(8) of Ontario Regulation 799/93, in that while working as a Registered Nurse at Toronto General Hospital in Toronto, Ontario (the “Facility”), you misappropriated property from a client or workplace, and in particular:
(a) In or around 2014 to 2016, you submitted and/or accepted payment and/or facilitated improper claims under the Facility’s employee group benefit plan on behalf of Facility employees;
(b) [Withdrawn].
[Withdrawn].
[Withdrawn].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 working as a Registered Nurse at Toronto General Hospital in Toronto, Ontario (the “Facility”), 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) In or around 2014 to 2016, you submitted and/or accepted payment and/or facilitated improper claims under the Facility’s employee group benefit plan on behalf of Facility employees;
b) [Withdrawn].
Member’s Plea
The Member admitted the allegations set out in paragraphs #1(a), #2(a) and #5(a) in the Notice of Hearing. The Panel