Facts
The Member admitted that he engaged in professional misconduct. While employed as a Registered Nurse in the Emergency Department (“ED”) of a hospital, the Member provided care to a 27-year old female patient who was brought to the ED after being found unresponsive due to severe alcohol intoxication. While in the patient’s room, the Member complimented the patient on her smile, gave the patient a pink paper with his personal phone number on it from a hospital prescription pad, and said “this is what the doctor ordered”, or words to that effect. A kiss occurred between the Member and the patient. After the Member left the patient’s room, the patient removed her IV and attempted to leave the hospital by asking a security guard to call her a taxi. The patient told the Member’s colleague that the Member had kissed her and given her his phone number.
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:
- sexually abused a patient;
- contravened a standard of practice of the profession or failed to meet the standards of practice of the profession; 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;
- a 7-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 12 months.
- requiring the Member to reimburse 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.
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.