The Member was not present or represented by legal counsel at the hearing. The hearing proceeded in her absence.
Facts
In the summer of 2021, the Member was employed as a Registered Practical Nurse (“RPN”) at a summer camp (the “Camp”) to provide health care services related to the camp’s COVID-19 protocols, including screening, nasal swabbing, and care of symptomatic staff and campers. On one occasion, the Member provided marijuana to a minor camp counsellor (the “Patient”) and engaged in sexual intercourse with him. The Patient had previously received care from the Member through a COVID-19 nasal swab.
Discipline Committee’s Findings
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 Panel made an order that included the following:
- an oral reprimand;
- a requirement that the Member reimburse the College up to $5,000.00 for funding provided for the patient under the programs required by s. 85.7 of the Health Professions Procedural Code (the “Code”), if the patient accesses the fund; and
- revocation of the Member’s certificate of registration.
Having concluded that the Member sexually abused the Patient, and that the sexual abuse included the sexual conduct listed in s. 51(5)(3) of the Code, the Panel was required at a minimum to reprimand the Member and to revoke her certificate of registration. The Panel concluded that the order will protect the public and send a strong message to members of the profession that there are serious consequences for patient abuse and boundary violations.