Facts
The Member admitted that she engaged in professional misconduct. While working as a Registered Practical Nurse at a mental health facility (the “Centre”), the Member engaged in a personal and/or romantic relationship with a patient (“Patient A”), which included engaging in sexual intercourse with Patient A. The Member continued a personal relationship with Patient A following the termination of her employment. The Member breached the privacy of another patient at the Centre (“Patient B”) by disclosing that Patient B had made allegations of unprofessional conduct against her to Patient A.
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;
- sexually abused a patient; 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 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;
- Requiring the Member to reimburse the CNO for funding provided to the Patient under the program required by s. 85.7 of the Health Professions Procedural Code, up to $5,000 if the Patient accesses the fund; and
- 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. Having concluded that the Member sexually abused Patient A, the Panel was required by s. 51(5) of the Health Professions Procedural Code, at minimum, to reprimand the Member and revoke her certificate of registration. The Panel noted that the Member cooperated with the CNO and accepted responsibility by agreeing to the facts and a proposed order.