Facts
The Member admitted that she engaged in professional misconduct. While employed as an RPN between April and September 2019, the Member misappropriated prescription medications from patients of long-term care homes at which she worked, for her own personal use. In some instances, the Member documented administering these prescription medications to patients when in fact she had misappropriated them. On one occasion, a patient experienced narcotic withdrawal symptoms as a result of the Member’s misappropriation of their medication. The Member admitted that she practiced as an RPN at a hospital while impaired by a narcotic in one instance.
The Member failed to keep patient personal health information confidential and secure when she removed medications from long-term care homes which included personal health information of patients, and stored them where they could be viewed by members of the public. In another instance, the Member and a colleague administered medications to a patient that were prescribed to a different patient, including a benzodiazepine. The Member and her colleague falsely documented that they had wasted the benzodiazepine, when in fact it had been administered to a patient in error. The Member failed to document administering the wrong medications, failed to contact a physician or the facility administrator, and failed to assess the patient until he was found unresponsive by another colleague.
In the fall of 2019, the Member was charged with a number of criminal offences, including possession of stolen property in connection with the misappropriated prescription medications. The Member pleaded guilty to some of the charges, while others were withdrawn. The Member failed to report the charges to the Executive Director of the College of Nurses of Ontario (“CNO”).
Thee Member was suffering from a substance abuse condition and personal life circumstances which contributed to her decision-making at the time of the incidents.
Discipline Committee’s Findings
Based on the Member’s admissions, a panel of the Discipline Committee of the College of Nurses of Ontario (the “Panel”) found that the Member:
- contravened a standard of practice of the profession or failed to meet the standards of practice of the profession;
- practiced the profession while her ability to do so was impaired by a substance or substances;
- misappropriated property from a patient or workplace;
- failed to keep records as required;
- falsified a record related to her practice;
- failed to report charges arising in any jurisdiction relating to any offence to the Executive Director of CNO;
- contravened s. 85.6.4 of the Health Professions Procedural Code by failing to report being charged with an offence and/or information about any bail condition or other restriction in connection with a charge to the Registrar of CNO; and
- engaged in conduct, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as dishonourable and unprofessional.
Discipline Committee’s Order
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; 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. The Panel accepted the submissions of both CNO and the Member that the proposed penalty reflected consideration of the significant mitigating factors in this case. The Panel also noted that the Member cooperated with the CNO and accepted responsibility by agreeing to the facts and a proposed order.