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Boczylo, Charlotte

Charlotte Boczylo HJ05100

Discipline Committee Of The College Of Nurses Of Ontario

Panel:

 -    Chairperson, RPN
 -    Member, RN
 -    Public Representative

BETWEEN

COLLEGE OF NURSES OF ONTARIO   Counsel for College of Nurses of Ontario
- and -    
Charlotte Boczylo, RPN
# HJ-0510-0
  Member not represented
     
    Heard: May 20, 1999

REASONS FOR DECISION

A panel of the Discipline Committee convened on May 20, 1999 to consider the allegations listed below against Charlotte Boczylo, RPN (the “Member”). Ms. Boczylo was present but not represented by counsel. A support person was present for the proceedings (Ms ). The Chairperson informed Ms. Boczylo of her rights. Ms. Boczylo indicated that she understood the information provided to her by the Chairperson.

Notice of Hearing

The Notice of Hearing was presented to the panel by counsel for the College of Nurses. College counsel also brought to the panel’s attention two typographical errors in the Notice of Hearing in order to remedy certain omissions; paragraph one, second line, an “s” was added to the word “Profession” and the word “Act” following the word “Nursing” and preceding the numbers “1991”.

The Notice of Hearing was amended as requested. The panel was advised that the hearing would commence by way of Agreed Statement of Fact and Joint Submission on Penalty.

The following allegations were contained in the Notice of Hearing:

  1. You have committed an act of professional misconduct as provided by Subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and as defined in Subsection 1(37) of Ontario Regulations 799/93, in that in or about December, 1995, while employed as a Registered Practical Nurse at the Victorian Order of Nurses in Trenton, Ontario, you engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, in that you borrowed and/or accepted funds from a client.

The Plea

Ms. Boczylo admitted the sole allegation of professional misconduct. The Chairperson conducted a plea inquiry to ensure that this admission was both voluntary and informed.

Agreed Statement of Facts

  1. Ms. Charlotte Boczylo, the Member, graduated from the Nursing Assistant Program at Loyalist College of Applied Arts & Technology in 1980. She was employed as a Registered Practical Nurse at hospitals in the Toronto area until she relocated with her family to the Trenton and Belleville area in 1989.
  2. Ms. Boczylo commenced full?time employment as a Registered Practical Nurse with the Victorian Order of Nurses, Hastings Northumberland, Prince Edward Branch, in January, 1990. In that capacity, she provided nursing care to various clients of the Victorian Order of Nurses in home care settings.
  3. Ms. Boczylo provided nursing care to an elderly client commencing in the early 1990s. Ms. Boczylo developed a friendship with the client over time. The client became involved in social activities, including shopping trips and home visits, with Ms. Boczylo and her children. The client’s husband died in 1995.
  4. Ms. Boczylo suffered significant emotional and financial problems in 1995. Her marriage began to collapse and unpaid bills began to mount. Ms. Boczylo was deeply concerned about her family and financial problems. Ms. Boczylo shared her problems, including her financial concerns, in her discussions with the client.
  5. In view of Ms. Boczylo’s financial problems, the client offered to loan money to Ms. Boczylo in December, 1995. Ms. Boczylo accepted a payment of $4,000 from the client. Ms. Boczylo advised the client not to report the loan to the Victorian Order of Nurses because her employment would be jeopardized.
  6. In March, 1996, Ms. Boczylo went on sick leave. Since she no longer saw Ms. Boczylo, the client reported the loan to another nurse at the Victorian Order of Nurses and expressed her concern that the money would not be repaid. The Victorian Order of Nurses investigated the matter and advised Ms. Boczylo that her return to active employment would not be considered until the review of the circumstances had been completed.
  7. Ms. Boczylo repaid the amount of $4,050 to the client in July, 1996.
  8. Ms. Boczylo was dismissed in June, 1998 when she sought to return from her sick leave to active employment at the Victorian Order of Nurses. The grounds for the dismissal were breach of fiduciary trust in accepting the funds from the client.
  9. Ms. Boczylo acknowledges that she engaged in an act of professional misconduct as set out in paragraph 1 of the Notice of Hearing dated April 21, 1999 with respect to the borrowing of funds from the client.

Counsel for the College informed the panel that the date on the Agreed Statement of Fact was May 21, 1999 and should be changed to May 20, 1999. The panel accepted the Agreed Statement of Fact as amended and found that Ms. Boczylo committed the professional misconduct alleged in the sole allegation set out in the Notice of Hearing.

The panel was presented with the following Joint Submission as to Penalty:

Joint Submission on Penalty

  1. Ms. Boczylo and the College jointly submit that the appropriate penalty in this case is for the Discipline Committee to make the following order:
    1. directing the Registrar to suspend Ms. Boczylo’s certificate of registration for a period of three months;
    2. directing the Registrar to remit one month of the suspension described in paragraph (a) above on the condition that Ms. Boczylo review the written material produced by the College regarding ethical issues in the practice of nursing, including financial dealings with clients and boundaries of the professional nurse?client relationship, and meet with a practice consultant of the College to discuss these issues within 60 days of this order; and
    3. requiring Ms. Boczylo to attend before the Discipline Committee for an oral reprimand.

Counsel for the College of Nurses submitted and discussed the Joint Submission on Penalty. It was indicated to the panel that the date on the Joint Submission on Penalty was to be changed from May 21, 1999 to May 20, 1999.

The panel members consulted and agreed with the Joint Submission on Penalty as presented. The Joint Submission on Penalty achieved an appropriate balance of protecting the public interest and fostering Ms. Boczylo’s professional responsibility and rehabilitation. The penalty addressed the element of deterrence for the profession. Clients must have confidence that their professional care will not be compromised.

Counsel for the College advised the panel that Ms. Boczylo had signed a Waiver of Appeal with full understanding of her rights. An oral reprimand was delivered on May 20, 1999.

I, _______________, RPN, sign this decision and reasons for the decision as Chairperson of this Discipline panel and on behalf of the members of the Discipline panel as listed below:

_________________________________________, Chairperson _____________________Date

Member, RN
Public Representative

Page last reviewed September 28, 2010