Facts
The Member admitted that he engaged in professional misconduct. On May 16 2019, while working as a Registered Practical Nurse in a nursing home, the Member failed to administer medications that had been ordered to several of his assigned patients while falsely documenting that the medications had been administered, and disposed of unused medications inappropriately. The Member was also charged with numerous offences contrary to the Criminal Code related to his conduct on May 16, 2019. In January 2022, the Member pleaded to and was found guilty of two counts mischief contrary to sections 430(1)(d) and 430(5) of the Criminal Code, and the balance of the charges were withdrawn. The Member did not report these charges or the findings of guilt to the College of Nurses of Ontario (“CNO””).
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:
- Had been found guilty of an offence relevant to his suitability to practise;
- contravened a standard of practice of the profession or failed to meet the standards of practice of the profession;
- falsified a record related to his practice;
- contravened a term, condition or limitation on his certificate of registration;
- contravened ss. 85.6.1 and 85.6.4 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.
Discipline Committee’s Order
The 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 [x]-month suspension;
- terms, conditions and limitations, including:
- attending [x] meetings with a Regulatory Expert;
- employer notification for [x] months; and
- no independent practice for [x] months.
- revocation of the Member’s certificate of registration.
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.
[Any other relevant considerations by the Panel, for e.g., “The Panel further noted that the order will send a clear message to the Member and the profession that benefit fraud towards employer-sponsored benefits will not be tolerated.”]