On This Page
Ellen Lopes - 0082735
The Member admitted that she engaged in 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 on various occasions; 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 two-month suspension and terms, conditions and limitations on the Member’s certificate of registration, including attending a minimum of one meeting with a Nursing Expert and 18 months of employer notification.
The mitigating factors included: the Member made admissions and cooperated with the College; had no prior disciplinary history with the College; the breach involved a single client; there were no allegations of improper use or disclosure of the unauthorized information; and the Member was terminated as a result of her conduct. The aggravating factors included: the unauthorized access of personal health records is very serious; and she used her log-in code to access the personal health record of the client on multiple occasions over a two-day period.
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.