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Patrick Xavier JH710914
Allegations and Plea
The College alleged that the Member disclosed personal information about himself to a client, asked a client for money on one or more occasions, accepted money from a client, entered a client’s residence without the client’s knowledge and/or permission, asked a client for a ride, practised nursing while suspended, knowingly made a false statement on an application for employment, failed to respond appropriately to an order for medication, and that this conduct would be regarded as disgraceful, dishonourable or unprofessional. The College further alleged that the Member used the title “registered practical nurse” while suspended, held himself out as qualified to practise in Ontario as a nurse while suspended and performed the controlled act of administering a substance by injection to two clients.
The Member admitted to some of the allegations and to unprofessional conduct. The College called no evidence with respect to the remainder of the allegations. The College and the Member jointly submitted an agreement to the following facts.
The Member worked at a retirement residence (“the Facility”) and was responsible for assisting with resident care including administration of medications.
On October 25, 2011, the Client had gone to the hospital and returned to the Facility with a prescription for an antibiotic. On October 26, Nurse A transcribed the order and faxed the prescription to the pharmacy at 0830 hours. Medication orders faxed before 1500 hours would be dispensed the same day and available at 1800 or 1900 hours. The antibiotic should have first been administered to the Client at 2100 hours on October 26.
The Member worked the evening shift of October 26 and 27, and was responsible for medication administration that evening. The antibiotic was not delivered to the Facility on October 26 or 27. The Member did not initial in the box on the Client’s Treatment Administration Record (TAR) reserved to indicate the administration of the antibiotic at 2100 hours on October 26 or 27. He should have been aware that there was an order for this medication based on the 24 Hour Resident Condition Report. The Member also did not document anywhere in the Client’s record that the antibiotic had not been provided by the pharmacy or administered to the Client, and failed to communicate or follow up with anyone about the issue.
On October 28, a geriatric nurse noticed that the Client’s TAR indicated that the antibiotic had not been administered on either October 26 or 27. She notified Nurse A, who re-faxed the Client’s prescription to the pharmacy, documented the missed doses of the antibiotic and notified the Director of Care.
Between February 15 and April 12, 2011, the Member was suspended from the College for non-payment of fees. At the start of his suspension, he was on leave from the Facility. The Member returned to the Facility on March 18, 2011, and worked regular evening shifts. He did not advise the Facility that he had been suspended.
The Member practised nursing at the Facility while suspended from the College until April 11. He used the title of RPN on various documentation and performed the controlled act of administering insulin shots to two clients.
On March 22, 2011, the College received the Member’s reinstatement application. The Member’s certificate of registration was reinstated on April 12, 2011. The Facility realized that the Member had been practising nursing while suspended only after his certificate had been reinstated.
The Panel found that that the Member committed acts of professional misconduct in that he failed to meet the standards and other accountabilities of the profession. Specifically, the Member practised nursing while suspended and failed to respond appropriately to an order for medication. The Panel concluded that the Member’s conduct would be regarded as unprofessional. The panel dismissed the remainder of the allegations in which the College called no evidence.
Submissions on Order
The College and the Member sought an oral reprimand, and a three-month suspension to take effect after the Member obtains an active certificate. Within six months from the date the Member obtains an active certificate, he would be required to complete specified remediation activities in preparation for a series of meetings with a nursing expert. For 12 months from the date the Member returns to nursing, he 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.
The Panel accepted the joint submission as 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 penalty promotes public confidence in the profession and satisfies the principles of specific and general deterrence, remediation and rehabilitation.