On This Page
Linda Marie Evoy, 0188615
The Member admitted that she engaged in professional misconduct when she accessed the personal health information of 11 patients (including her own family members) on over 20 occasions without consent. The Member also admitted that she impersonated her family member in a voicemail left for her employer regarding access to her family member’s personal health information without consent.
The Member was found guilty of the following:
- contravening a standard of practice of the profession or failing to meet the standards of practice of the profession; and
- engaging in conduct relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
The College of Nurses of Ontario and the Member presented the Panel with a Joint Submission requesting that the Panel make an order that included the following:
- an oral reprimand;
- a three-month suspension;
- terms, conditions and limitations, including:
- attending two meetings with a Regulatory Expert;
- employer notification for 18 months; and
- 3 random spot audits of the Member’s access to electronic health records.
Aggravating factors considered by the Panel included:
- The Member accessed 11 patient records over an extended period;
- The Member disregarded her employer’s policies, CNO’s standards of practice and privacy legislation;
- The Member accessed patient charts months or years after patients had been discharged; and
- The Member was dishonest with her employer when she denied impersonating a patient.
Mitigating factors considered by the Panel included:
- The Member has been a long-standing member of CNO since 1989;
- The Member has no prior disciplinary history with CNO; and
- The Member accepted responsibility for her actions and cooperated with CNO.
The Panel accepted the Joint Submission, concluding that the proposed penalty was reasonable and in the public interest.