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Alvin Davis, JE101775
The Member admitted that he engaged in professional misconduct when he was found guilty of knowingly using a forged document, as this is relevant to his suitability to practice. The Member failed to report the charge and finding of guilt to the College of Nurses of Ontario (“CNO”). The Member also admitted to providing inadequate care to four patients in that he: failed to respond appropriately when he was informed a patient was choking; administered medication to patients contrary to orders; failed to check a patient’s blood sugar in accordance with an order; and failed to appropriately document, report and follow-up.
Based on the Member’s admissions, the Panel found the Member:
- was found guilty of an offence that is relevant to his suitability to practice;
- 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;
- contravened a term, condition or limitation on his certificate of registration;
- contravened a provision of the Regulated Health Professions Act, 1991; 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.
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 6-month suspension;
- terms, conditions and limitations, including:
- attending a minimum of 2 meetings with a Regulatory Expert;
- employer notification for 18 months;
- 4 random spot audits;
- attending mentorship meetings with a Registered Nurse for a minimum of 12 months; and
- no independent practice for 18 months.
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 and pertained to multiple patients over a short time frame;
- the Member showed a cavalier attitude in regards to patient safety;
- the Member was a poor role model for colleagues and did not listen when they tried to assist;
- the Member had a persistent disregard for patients or accountability to them;
- the Member was charged and criminally convicted for forging the signature of another staff member from his place of employment. This was fundamentally dishonest and casts doubt on the Member’s ability to discharge his obligations; and
- the Member failed to report the criminal charge and conviction, thereby impeding CNO from discharging its responsibilities, and raising governability questions.
Mitigating factors considered by the Panel included:
- the Member had no prior discipline history with CNO;
- the Member accepted responsibility for his actions and pleaded guilty; and
- the Member participated in an uncontested hearing.