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Elmer Manuel - 0200394
The Member admitted that he engaged in acts of professional misconduct by: contravening the standards of practice of the profession or failing to meet the standards of practice of the profession by accessing a client’s personal health information without consent or other authorization; and engaging in conduct or performing an act, relevant to the practice of nursing, that, having regarding to all of the circumstances, would reasonably be regarded by members of the profession as dishonourable and unprofessional.
The College and the Member presented the Panel with a Joint Submission requesting that the Panel make an Order that included an oral reprimand, a one-month suspension, terms, conditions and limitations on the Member’s certificate of registration, including attending two meetings with a Nursing Expert and 12 months of employer notification.
The mitigating factors included: the Member made admissions and cooperated with the College; expressed remorse; had no prior disciplinary history with the College; and did not disclose the information to another party. The aggravating factors included: there were multiple warnings given to all staff about accessing this client’s record, and it was the Member’s own carelessness that allowed the inappropriate access to occur.
The Panel accepted the Joint Submission on Order and concluded that the proposed penalty was reasonable and in the public interest and was in line with what had been ordered in previous cases.