Facts
The Member admitted that she engaged in professional misconduct. While employed as a personal support supervisor for a homecare provider (the “Facility”), the Member was responsible for conducting initial client assessments and follow-up assessments and to produce a standardized Supervisor Report following each client visit.
The Facility’s electronic records system used software downloaded on employees’ cell phones to track when home visits were initiated and completed, which included GPS data to ensure that home visits had occurred at the geographical coordinates associated with clients’ homes. Since the Facility’s GPS software could record a client’s address inaccurately, Facility supervisors (including the Member) could log patient visits even when they were not physically at patients’ homes. On five occasions, the Member failed to upload any Supervisor Reports or document care provided to patients. On five other occasions, the Member logged visits after she had left clients’ homes, which changed the GPS locations associated with clients’ homes. The Member did not profit financially from doing so, but the Member acknowledged that her use of the Facility’s electronic records system resulted in the creation of false or incorrect records.
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;
- failed to keep records as required;
- falsified a record related to her practice;
- signed or issued, in her professional capacity, a document that she knew or ought to know contains a false or misleading statement; 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
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 3-month suspension;
- terms, conditions and limitations, including:
- attending a minimum of 2 meetings with a Regulatory Expert; and
- employer notification for 12 months.
The Panel accepted the Joint Submission on Order, concluding that the proposed penalty was reasonable and in the public interest. The Panel noted that the Member cooperated with the CNO and accepted responsibility by agreeing to the facts and a proposed order.