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Terri-Ann Basilio II10241
Allegations and Plea
The College alleged that the Member failed to comply with an order of the Fitness to Practise (FTP) Committee. Specifically, the Member failed to advise the College when she had obtained employment in nursing; failed to inform the employer that her certificate of registration was subject to conditions; failed to file with the College a letter from an employer confirming receipt of copy of the order and its agreement to provide monitoring; and engaged in the practice of nursing without a monitor, as required by the order.
The College and the Member jointly submitted an agreement to the following facts.
The Member was referred by the Inquiries, Complaints and Reports Committee to the Fitness to Practise Committee, in November 2006, at the conclusion of a health inquiry. The Member voluntarily surrendered her certificate of registration in February 2007 and was not entitled to practice.
The Member applied for a return of her certificate of registration in 2011. She entered into a consent agreement with terms, conditions and limitations on her certificate of registration. The conditions were set to expire on April 25, 2014.
The Fitness to Practice Committee accepted the agreement and issued a decision on consent incorporating the TCL’s. (FTP Order)
The College agreed to remove the condition requiring a workplace monitor on February 27, 2014. All other conditions in the order remained in force. The College sent a letter to the Member on May 30, 2013, stating that prior to obtaining any employment in nursing, the Member must notify the College immediately and inform any prospective employer about the conditions on the Member’s certificate of registration.
The Member failed to advise the College of her employment at a Facility between February 11, 2014 and April 25, 2014; and failed to provide confirmation that the Facility received a copy of the order and that it agreed to provide monitoring, as required. The Member did not advise the Facility that she required a workplace monitor between February 11, 2014 and February 27, 2014. The Member did not advise the Facility that her certificate of registration was subject to TCL’s between February 11, 2014 and April 25, 2014.
The Facility first learned of the order in May 2014.
The Panel found that the Member committed professional misconduct as alleged, and that the Member’s conduct was dishonourable and unprofessional. The Member’s failure to comply with all components of the order showed a serious error in judgment and an intent to deceive.
Submissions on Order
The College sought an oral reprimand and a three-month suspension. The Member would be required to complete specified remediation activities in preparation for a series of meetings with a nursing expert. For a period of 12 months from the date the Member returns to practice, she would be required to advise the College of her employers, provide employers with a copy of the Panel’s decision and reasons, and only practice for an employer who agreed to advise the College if the Member 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 her actions and cooperated with the College by agreeing to the facts and proposed penalty. The penalty achieves the principles of general and specific deterrence, remediation, and public protection. In particular, the Member’s meetings with a nursing expert and conditions on her certificate of registration send a clear message to both the general membership and the Member that this conduct will not be tolerated.