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Joseph John Andrew 9318189

Allegations and Plea

The College alleged that the Member: failed to maintain appropriate therapeutic nurse-client boundaries with a client; made inappropriate comments to the client; failed to properly document interactions with the client; improperly removed the client’s chart from the client’s home; and that this conduct would be regarded as unprofessional.

The Member admitted to unprofessional conduct. The College and the Member jointly submitted an agreement to the following facts.

Agreed Facts

The Member was employed at a nursing agency and provided homecare to clients. His employment was terminated in 2013 as a result of the incidents described below.

The Client was referred to the agency for diabetic foot wound care. The Member was the primary and only visiting nurse for the Client in the period in question, and provided wound care and dressing services to the Client several times a week.

In August 2013, the agency received information from the Client about the Member, and investigated.

The Member admitted that he gave the Client his personal cell phone number. He admitted to having conversations with the Client that were not work related; the Member also said he took a personal call while providing nursing care to the Client, during which the Client overheard him use the term “NCP.” The Client asked what it meant, and he responded, “nice cute pussy.”

The Member admitted he failed to report that the Client called his personal cell phone many times in the evening, and failed to report that the Client repeatedly made sexual and romantic comments to him. The Member also gave the Client a birthday gift.

The Member did not document any of the above interactions, or report or seek guidance from the agency.

The Member also said that in July 2013 he lifted the Client’s breast to assess a rash and that he did not adequately document this care in the Client’s chart.

Finally, the Member removed the Client’s chart from the Client’s home on or after his last visit in August 2013. He said the Client agreed he could remove the chart, and he did so to “fix” it.

Finding

The Panel found that the facts supported findings of professional misconduct for failing to meet the standards of practice, failing to document, and unprofessional conduct.

Submissions on Order

The College and the Member jointly sought an oral reprimand and a two-month suspension. The Member would also be required to complete specified remediation activities in preparation for a series of meetings with a nursing expert. For 18 months from the date he returns to nursing, the Member would be required to advise the College of his employers, provide employers with a copy of the Panel’s decision and reasons, and only practise for an employer who agreed to advise the College if he breached the standards of practice of the profession.

Panel Order

The Panel concluded that the proposed penalty is reasonable and in the public interest. The Member accepted responsibility for his actions and cooperated with the College by agreeing to the facts and proposed penalty. The Panel finds that the penalty satisfies the principles of specific and general deterrence, rehabilitation and remediation, and public protection.

Page last reviewed June 06, 2016