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Hamdi Farah, JD06967
The Member admitted that she engaged in professional misconduct when she restrained a patient with an improper device and without assessing or re-assessing the appropriateness of using a restraint and did not monitor the patient after applying the restraint. The Member failed to document her application of the restraint. The Member also failed to obtain a physician’s order for the application of the restraint and failed to notify or seek consent from the patient’s substitute decision-maker regarding her use of a restraint on the patient.
Based on the Member’s admissions, the Panel found the Member:
- contravened a standard of practice of the profession or failed to meet the standards of practice of the profession;
- failed to keep records as required; and
- engaged 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 College of Nurses of Ontario (“CNO”) and the Member presented the Panel with a Joint Submission on Order requesting that the Panel make an Order that included the following:
- an oral reprimand;
- a 2-month suspension;
- terms, conditions and limitations, including:
- attending a minimum of 2 meetings with a Regulatory Expert; and
- a 12-month employer notification period.
The Panel accepted the Joint Submission on Order, concluding that the proposed penalty was reasonable and in the public interest.
Aggravating factors considered by the Panel included:
- the Member’s conduct was serious;
- the Member’s conduct posed a risk of harm to the patient;
- the Member disregarded her professional obligations; and
- the Member demonstrated poor judgement.
Mitigating factors considered by the Panel included:
- this was a single incident of misconduct;
- the Member has no prior history with CNO;
- the Member has agreed to cooperate with CNO; and
- the Member has accepted responsibility.