Facts
The Member admitted that she engaged in professional misconduct. Between March and April 2020, while working as a Registered Practical Nurse at a hospital (the “Facility”), the Member misappropriated narcotics intended for patient administration for her own personal use on several occasions. In so doing, the Member falsified witness signatures on narcotics disposal forms. The Member also viewed a patient’s chart without authorization or clinical purpose on two occasions, who was outside of the Member’s circle of care. Between August and December 2021, when the Member was working at the Facility in a non-nursing role, the Member withdrew narcotics from the Facility’s automated dispensing machine on more than 100 occasions.
In January 2022, the Member was arrested and charged related to the theft of narcotics from the Facility and breach of trust. She pleaded guilty to theft under $5,000.00, and was given a suspended sentence of 12 months’ probation. The Member failed to report the charge or finding of guilt to the College.
Discipline Committee’s Findings
Based on the Member’s admissions and in respect of the first set of allegations of professional misconduct, 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;
- misappropriated from her workplace and/or patient;
- 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 have known contained a false or misleading statement;
- 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.
Based on the Member’s admissions and in respect of the second set of allegations of professional misconduct, the Panel found that the Member:
- was found guilty of an offence relating to her suitability to practise;
- contravened a term, condition or limitation on her certificate of registration as provided by sections 1.5(1)1(i) and 1.5(1)(1)(ii) of Ontario Regulation 275/94 of the Nursing Act, 1991 by failing to report a finding of guilt and criminal charges to the CNO;
- contravened a provision of the Nursing Act, 1991, the Regulated Health Professions Act, 1991, or the regulations under either of those Acts; 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 Member signed an undertaking to permanently resign as a member of the College of Nurses of Ontario (“CNO”) and agreed not to apply for membership with CNO at any time in the future.
In light of the Member’s undertaking, CNO and the Member jointly sought an order requiring the Member to appear before the Panel for an oral reprimand.
The Panel accepted the Joint Submission on Order, concluding that the proposed penalty was reasonable and in the public interest. The Member cooperated with CNO and accepted responsibility by agreeing to the facts and a proposed order.