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Janice Hines, IF03648

The Member committed professional misconduct when she used the patient’s bank card to make personal purchases and cash withdrawals without the patient’s consent and failed to return the patient’s bank card when requested to do so by the patient on multiple occasions. The Member was also found guilty of theft under $5,000 contrary to the Criminal Code, and failed to report the criminal charge and finding of guilt to the College of Nurses of Ontario (“CNO”). 

The Member was not present or represented by legal counsel at the hearing. The hearing proceeded in her absence.

The Panel found the Member committed professional misconduct in that she:

  • was found guilty of an offence relevant to her suitability to practice;
  • contravened a standard of practice of the profession or failed to meet the standards of practice of the profession;
  • emotionally abused the patient;
  • misappropriated property from the patient;
  • contravened terms, conditions or limitations on her certificate of registration, imposed pursuant to sections 1.5(1)1.i and 1.5(1)1.ii of Ontario Regulation 275/94;
  • contravened a provision of the Regulated Health Professions Act, 1991, and in particular, section 85.6.1 of the Health Professions Procedural Code; 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 Panel made an order that included the following:

  • an oral reprimand;
  • a 12-month suspension;
  • terms, conditions and limitations, including:
    • a minimum of 2 meetings with a Nursing Expert;
    • a 24-month employer notification period; and
    • no independent practice for 24 months.

Aggravating factors considered by the Panel included:

  • the conduct is serious as it involved the Member engaging in criminal activity which was related to her nursing practice;
  • the Member flagrantly breached the CNO standards by breaching the nurse-client relationship;
  • the Member engaged in a breach of trust and dishonesty by repeatedly committing theft from a vulnerable patient;
  • the conduct was an intentional act which was for the Member’s own personal gain;
  • the Member’s conduct caused the patient significant mental anguish and emotional abuse;
  • the Member’s conduct demonstrated a serious disregard for her professional obligations to the patient; and
  • the Member’s conduct brought discredit to the profession.

The only mitigating factor considered by the Panel was that the Member had no prior discipline history with CNO.

 

Page last reviewed December 08, 2021