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Miguel Rojas Leal, 06292674
The Member was alleged to have engaged in professional misconduct by engaging in touching of a sexual nature towards a patient, specifically by touching the patient’s genitals when there was no clinical purpose to do so. The Member was also alleged to have invited the patient to have a drink with him.
The Member was present and represented by legal counsel.
The Panel found the Member guilty of some of the alleged misconduct, and in particular, the following:
- sexually abusing a patient when he engaged in touching of a sexual nature;
- contravening a standard of practice of the profession or failing to meet the standards of practice of the profession by breaching the therapeutic boundaries of the nurse-client relationship; 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 and unprofessional.
The Panel did not find, on a balance of probabilities, that the Member invited the patient to have a drink with him.
The Panel made an order that included the following:
- an oral reprimand;
- revocation of the Member’s certificate of registration;
- reimbursement of the College of Nurses of Ontario (“CNO”) up to $5,000, for funding for therapy and counselling for the patient, under the program required by s. 85.7 of the Health Professionals Procedural Code (“Code”);
- post security in the amount of $5,000 to CNO to guarantee reimbursement of any funding (up to $5,000) CNO may provide the patient under the program required under s. 85.7 of the Code.
The Panel also ordered the Member to pay costs to CNO in the amount of $135,000, which is a portion of CNO’s legal costs and expenses in conducting the hearing.