DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

Transcription

1 DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO PANEL: Denise Dietrich, RPN Nicole Florent, RN Michael Hogard, RPN Abdul Patel Bill Dowson Chairperson Member Member Public Member Public Member BETWEEN: ) MARIE HENEIN for COLLEGE OF NURSES OF ONTARIO ) College of Nurses of Ontario ) - and - ) NO REPRESENTATION for ) Libby Halawani ) LIBBY HALAWANI ) Registration No. II02610 ) ) Heard: April 7, 2009 DECISION AND REASONS This matter came on for hearing before a panel of the Discipline Committee on April 7, 2009 at the College of Nurses of Ontario ( the College ) at Toronto. The Allegations Counsel for the College advised the panel that the College was requesting leave to withdraw the allegation set out in paragraph 2(a) of the Notice of Hearing dated March 12, This allegation related to professional misconduct related to failure to repay a loan in December of The panel granted this request. The remaining allegations as set out in the Notice of Hearing are as follows. 1. You have committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(1) of the Ontario Regulation 799/93, in that between September 1, 2007 and March 30, 2008, while working as a Resident Service Manager at the [Facility] in [ ], Ontario, you contravened a standard or practice of the profession or failed to meet the standard of practice of the profession in that you:

2 (a) (b) breached the boundaries of the therapeutic nurse-client relationship with respect to [Client A], in that you: (i) (iii) (iv) disclosed to [Client A] personal details of your life, including your financial and/or family problems; and/or requested and accepted a loan in the amount of $2000 on or about December 11, 2007; and/or made phone calls to [Client A] s Power of Attorney, [the POA].; and/or requested and received from [the POA] a copy of the Agreement of Purchase and Sale of [Client A] s condominium; and/or breached the boundaries of the therapeutic nurse-client relationship with respect to [Client B], in that you: (i) contacted [the client s family] after [Client B] s death to inquire into whether you were named in [Client B] s will; and/or accepted a gift from [the client s family], a picture previously owned by [Client B]. 2. You have committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(8) of the Ontario Regulation 799/93, in that between September 1, 2007 and March 30, 2008, while working as a Resident Service Manager at [the Facility] in [ ], Ontario, you misappropriated and/or mishandled property from [Client A] and [Client C] in that you: (a) (b) (c) (d) (e) (f) [Withdrawn] stole, and/or forged, and/or cashed cheques belonging to [Client A] in the amount of: (i) $1000 on or about November 20, 2007; and/or $3000 on or about February 21, 2008; and/or stole [Client A] s credit card; and/or used [Client A] s credit card to make several purchases, by providing the card to [a friend], and instructing her to make fraudulent purchases totaling $2800; and/or stole [Client C] s credit card; and/or used [Client C] s credit card to make several purchases, by providing the card to [a friend], and instructing her to make fraudulent purchases totaling $ You have committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(10) of the Ontario Regulation 799/93, in

3 that between September 1, 2007 and March 30, 2008, while working as a Resident Service Manager at [the Facility] in [ ], Ontario, you provided information about a client to a person other than the client or his or her authorized representative without the client s consent, in respect of [Client A] and [Client C], in that you: (a) (b) stole [Client A] s credit card and provided the card to [a friend]; and/or stole [Client C] s credit card and provided the card to [a friend]. 4. You have committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(27) of the Ontario Regulation 799/93, in that between September 1, 2007 and March 30, 2008, while working as a Resident Service Manager at [the Facility] in [ ], Ontario, you influenced and/or requested that [Client B] change her will or other testamentary instrument, and/or upon [Client B] s death you contacted [Client B] s family inquiring if you were named in the will. 5. You have committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, c. 32, as amended, and defined in subsection 1(37) of the Ontario Regulation 799/93, in that between September 1, 2007 and March 30, 2008, while working as a Resident Service Manager at [the Facility] in [ ], Ontario, you engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional in that you: (a) in respect of [Client A]: (i) (iii) (iv) (v) (vi) (vii) disclosed to [Client A] personal details of your life, including your financial and/or family problems; and/or requested and accepted a loan in the amount of $2000 on or about December 11, 2007; and/or made phone calls to [Client A] s Power of Attorney, [ ]; and/or requested and received from [the POA] a copy of the Agreement of Purchase and Sale of [Client A] s condominium; and/or stole, and/or forged, and/or cashed cheques belonging to [Client A] in the amount of: A. $1000 on or about November 20, 2007; and/or B. $3000 on or about February 21, 2008; and/or stole [Client A] s credit card; and/or used [Client A] s credit card to make several purchases, by providing the card to [a friend], and instructing her to make fraudulent purchases totaling $2800; and/or

4 (b) (c) in respect of [Client C]: (i) stole [Client C] s credit card; and/or used [Client C] s credit card to make several purchases, by providing the card to [a friend], and instructing her to make fraudulent purchases totaling $ ; and/or in respect of [Client B]: (i) contacted [the client s family] after [Client B] s death to inquire into whether you were named in [Client B] s will; and/or accepted a gift from [the client s family], a picture previously owned by [Client B]. Counsel for the College advised the panel that the College would not be leading evidence in regards to allegation 1(a)(iii) and (iv); 1(b)(i) and ; 4; 5(a)(iii) and (iv) 5(c)(i) and. Member s Plea Libby Halawani (the Member ) admitted the allegations set out in paragraphs 1(a)(i) and ; 2(b),(c),(d),(e) and (f); 3(a) and (b); 5(a)(i),,(v),(vi),(vii), 5(b)(i), in the Notice of Hearing. The panel received a written plea inquiry which was signed by the Member. The panel also conducted an oral plea inquiry and was satisfied that the Member s admission was voluntary, informed and unequivocal. Agreed Statement of Facts Counsel for the College advised the panel that agreement had been reached on the facts and introduced an Agreed Statement of Facts which provided as follows. THE MEMBER 1. The Member, Libby Halawani ( the Member ), has been a member of the College of Nurses of Ontario ( the College ) since November 2, 1998, as a Registered Practical Nurse (RPN). 2. The Member was employed as the Resident Services Manager at [ ] ( the Facility ) from September 27, 2007, until her termination on March 14, As Resident Services Manager, the Member had contact with clients on a daily basis. The Member provided direct care to clients as needed and was the only RPN in the building during the day. The Member s typical hours of work were from 0800 to 1600 Monday to Friday. 3. The Member s employment was terminated as a result of the allegations set out below. THE FACILITY

5 4. The Facility is located in [ ], Ontario [ ]. At the time the allegations took place, there were [more than 100] clients living at the Facility. The majority of the clients are fairly independent. They freely come and go from the building. Meals are taken in the dining room. Each client has a key that allows them access to the building. THE CLIENTS 5. [Client A] has been a client of the Facility since September 4, At the time of [Client A] s interview with the College s investigator, in August of 2008, [Client A] was [ ] years old. [Client A] was admitted to the Facility with a history of Ischemic heart disease, hypothyroidism, osteoporosis, non-hodgkin s lymphoma, and the diagnosis of mild dementia. In June 2008, [Client A] was diagnosed with early Alzheimer s disease. [The POA] has been [Client A] s friend for approximately thirty years and was [Client A] s Power of Attorney (POA) at the time of the alleged incidents. 6. [Client C] has been a client of the Facility since May 16, [Client C] was admitted to the Facility with a history of hypertension, hypothyroidism, and has undergone a left hip arthoplasty. [Client C] uses a walker to ambulate and selfmedicates. [Client C] was [ ] years old at the time she was interviewed by the College s investigator (August 2008). INCIDENTS RELEVANT TO ALLEGATIONS OF PROFESSIONAL MISCONDUCT Allegations Involving Cheques from [Client A] 7. According to [the POA] and [Client A], the Member often visited with [Client A] in [Client A] s room. The Member discussed her marital and financial problems with [Client A]. [Client A] felt sorry for the Member. 8. [The POA] noticed that a cheque in the amount of $2000 dated December 11, 2007, had been cashed from [Client A] s bank account. The cheque was made out to cash and had loan written in the memo section. As POA for [Client A], [the POA] had to account for any funds leaving [Client A] s bank account to [Client A] s investment advisor. 9. [The POA] asked [Client A] about the cheque in the amount of $2000. [Client A] advised that she had given the money to the Member as a gift for the Member s son s Bar Mitzvah. 10. On or about March 7, 2008, [the POA] brought her concerns about the cheque to [the] General Manager of the Facility. [The POA] advised [the general manager] that she wished to report an incident to head office involving a breach of trust by the Member. [The POA] identified that [Client A] had given the Member one

6 cheque in the amount of $2000. [The POA] had obtained a copy of the cheque that had been cashed and provided it to [the general manager]. 11. After receiving the information from [the POA], [the general manager] contacted the head office. A meeting was arranged with the Member. On or about March 10, 2008, [the] Vice President of Human Resources (HR), [a Human Resources representative], and [the general manager] met with the Member to discuss the allegations raised by [the POA]. 12. When asked about the cheque in the amount of $2000 given to her by [Client A], the Member advised that [Client A] had loaned her the money to be paid back in twenty years. The Member was further questioned and admitted to accepting $6000 in total from [Client A]. The Member claimed that some of the money she received from [Client A] was for her son s Bar Mitzvah. The Member did not accept any responsibility for her actions and made no other admissions. The Member was advised that she would be suspended with pay until head office had completed the investigation. 13. [The general manager] called the police to report the incident. They arrived at the Facility and spoke with [the general manager,] who advised that a client in the building, [Client A], had been defrauded of a large sum of money by a staff member. [The general manager] provided the Police with copies of the cashed cheques that she had received from [the POA]. On or about March 14, 2008, the Member s employment at the Facility was terminated. 14. [The POA] discovered [ ] another cheque from [Client A] s account dated February 19, 2008, made out to cash in the amount of $3000. [The POA] obtained a copy of the cheque from the bank. The words Bar Mitzvah mazal tov were written in the memo portion of the cheque. [The POA] found an additional cheque made out to [an individual], in the amount of $1000. Copies of all the cheques and relevant documents were provided to the police. 15. The police determined that [the name on the cheque] was, in fact, the name of the Member s son. When questioned by the police, [Client A] could not recall whether she wrote more than one cheque. [Client A] advised that she did not know the name of the Member s son. The police suspected that the two cheques (in the amounts of $3000 and $1000) may have been forged by the Member. 16. The Member was charged with two counts of fraud and two counts of uttering a forged document. Allegations Involving Credit Cards Belonging to [Client A] and [Client C] 17. During their investigation, [the POA] reported to the police that [Client A] s credit card had been taken from her suite. [ ] [The POA] noticed unusual account activity and approximately $2800 had been charged to [Client A] s [credit card].

7 [Client A] s [credit card] had been used at [two] stores [ ]. [Client A] s [credit card] was put aside in a drawer in a cabinet located in her sitting room when it went missing. [Client A] did not keep the credit card in her wallet. 18. According to [the POA], [Client A] only leaves the residence when [the POA] takes her out as she is unable to go out by herself due to her health conditions. [The POA] asked [Client A] if she had gone out and [Client A] advised [the POA] that she had not gone out with anyone else. The last time [Client A] had used her credit card was some time in March On or about February 26, 2008, [Client C] received a telephone call from the [bank] regarding her [credit card]. The [bank] advised [Client C] that her credit card appeared to have been used fraudulently at three different stores [ ]. The [bank] asked [Client C] if she knew where her credit card was and she advised that she had it with her. The caller asked [Client C] to check to make sure she had her credit card and that was when [Client C] discovered that her credit card was missing. 20. On February 27, 2008, [Client C] called the police to report that her credit card was missing. The police attended the Facility and interviewed [Client C]. [ ] [Client C] provided police with the credit card number. She advised the police that she had left the Facility at approximately 10:30 AM and was transported by ambulance to her doctor s office for a medical test. She had returned to the Facility shortly before dinner. 21. The police questioned the Member about [Client C] s missing credit card because the Member was the Resident Services Manager. This was prior to the police being made aware of the Member receiving monies from [Client A]. The Member informed police that [Client C] is often forgetful and has early stages of dementia. The Member confirmed that [Client C] did leave the residence for a doctor s appointment on February 26, The police contacted the security department for [the credit card company]. The employee at the security department confirmed that several purchases had been made using [Client C] s [credit card] on February 26, The police then met with security at the department stores where the purchases were made. Security provided surveillance videos to the police showing a woman using [Client C] s credit card. The same woman had also used the [credit card] belonging to [Client A] to make fraudulent purchases. 23. The police brought the photographs of the suspect using the credit card to the Facility. Staff at the Facility recognized the suspect as the Member s best friend and identified that she worked at [a] Hospital. The staff in the Human Resources Department at [the] Hospital identified the suspect [ ].

8 24. [The suspect] provided a video statement to the police concerning the incident. According to the police report, [the suspect] confessed her involvement and that the Member had given her the credit cards. [The suspect] made purchases at different locations and the items purchased were turned over to the Member. [The suspect] was arrested and charged. 25. On or about April 23, 2008, the Member was arrested and charged with two counts of theft under $5000 and two counts of possession of property obtained by crime under. ADMISSIONS 26. The Member admits that she committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(1) of the Ontario Regulation 799/93, in that between September 1, 2007 and March 30, 2008, while working as a Resident Service Manager at the [Facility] in [ ], Ontario, she contravened a standard or practice of the profession or failed to meet the standard of practice of the profession in that she: (a) breached the boundaries of the therapeutic nurse-client relationship with respect to [Client A], in that she: i. disclosed to [Client A] personal details of her life, including her financial and/or family problems; and/or ii. requested and accepted a loan in the amount of $2000 on or about December 11, 2007; 27. The Member admits that she committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(8) of the Ontario Regulation 799/93, in that between September 1, 2007 and March 30, 2008, while working as a Resident Service Manager at [the Facility] in [ ], Ontario, she misappropriated and/or mishandled property from [Client A] and [Client C] in that she: (b) cashed cheques belonging to [Client A] in the amount of: i. $1000 on or about November 20, 2007; and/or ii. $3000 on or about February 21, 2008; and/or (c) stole [Client A] s credit card; and/or (d) provided the card to [a friend] to make fraudulent purchases totalling $2800; and/or (e) stole [Client C] s credit card; and/or

9 (f) provided the credit card to [a friend] to make fraudulent purchases totaling $ The Member admits that she has committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, c. 32, as amended, and defined in subsection 1(13) of the Ontario Regulation 799/93, in that between September 1, 2007 and March 30, 2008, while working as a Resident Service Manager at [the Facility] in [ ], Ontario, she provided information about a client to a person other than the client or his or her authorized representative without the client s consent, in respect of [Client A] and [Client C] in that she: (a) stole [Client A] s credit card and provided the card to [a friend]; and/or (b) stole [Client C] s credit card and provided the card to [a friend]. 29. The Member admits that she has committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, c. 32, as amended, and defined in subsection 1(13) of the Ontario Regulation 799/93, in that between September 1, 2007 and March 30, 2008, while working as a Resident Service Manager at [the Facility] in [ ], Ontario, she engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to all the circumstances, would be reasonably regarded by members as disgraceful, dishonourable or unprofessional in that she: (a) in respect of [Client A]: i. disclosed to [Client A] personal details of her life, including her financial and/or family problems; and/or ii. requested and accepted a loan in the amount of $2000 on or about December 11, 2007; and/or v. cashed cheques belonging to [Client A] in the amount of: A. $1000 on or about November 20, 2007; and/or B. $3000 on or about February 21, 2008; and/or vi. stole [Client A] s credit card; and/or vii. provided the card to [a friend] to make fraudulent purchases totalling $2800; and/or (b) in respect of [Client C]: i. stole [Client C] s credit card; and/or ii. provided the card to [a friend] to make fraudulent purchases totalling $ ; 30. The College calls no evidence on allegations 1(a)(iii), (iv), 1(b)(i), ; 4; 5(a)(iii), (iv) and 5(c)(i), as set out in the Notice of Hearing.

10 31. The College seeks to withdraw allegation 2(a) as set out in the Notice of Hearing. Decision The panel considered the Agreed Statement of Facts and finds that the facts support findings of professional misconduct and, in particular, finds that the Member committed acts of professional misconduct as alleged in paragraphs 1(a)(i) and ; 2(b),(c) and (e); 3(a) and (b); 5(a)(i),,(v) and (vi), 5(b)(i) and in the Notice of Hearing. Partial findings were made in respect of allegations 2(d) and (f) and allegations 5(a)(vii) and 5(b). In respect of allegation 2(d) the panel found as a fact that the Member provided [Client A] s credit card to [a friend] to make fraudulent purchases totalling $2, In respect of allegation 2(f) the panel found as a fact that the Member provided [Client C] s credit card to [a friend] to make fraudulent purchases totalling $1, Similarly, with respect to allegation 5(a)(vii) the panel found as a fact that the Member provided [Client A] s credit card to [a friend] to make fraudulent purchases totalling $2, In respect of allegation 5(b) the panel found as a fact that the Member provided [Client C] s credit card to [a friend] to make fraudulent purchases totalling $ In respect of allegations 5(a)(i),,(v),(vi) and (vii) and 5(b)(i) and, the panel noted that the Member s actions would reasonably be regarded by members of the profession as disgraceful, dishonourable and unprofessional. As to allegations 1(a)(iii) and (iv), 1(b)(i) and ; 4; 5(a)(iii) and (iv), 5(c)(i) and, College Counsel advised that she was not calling any evidence in relation to these allegations. Accordingly, the panel dismisses allegations 1(a)(iii) and (iv), 1(b)(i) and ; 4; 5(a)(iii) and (iv), 5(c)(i) and in the Notice of Hearing. Reasons for Decision The panel was only able to make partial findings in respect of allegations 2(d) and (f) and 5(a)(vii) and 5(b) as there was no evidence presented that convinced the panel that the Member had used the credit cards to make fraudulent purchases and/or instructed [the friend] to make the fraudulent purchases. The panel was convinced by the Member s admissions in the Agreed Statement of Facts that the Member had given the cards to [a friend] to make fraudulent purchases. The panel determined that the Member s actions were not those that represented the professionalism of a nurse as expected by the public and other members of the profession. There was significant deceit and dishonesty in the Member s actions and the circumstances of this case have the potential to bring shame to the profession. The repeated nature of the offences and the fact that the Member used vulnerable elderly clients for financial gain represents a significant moral failing. Therefore the panel felt that the Member s actions would [ ] reasonably be regarded by members of the profession as disgraceful, dishonourable and unprofessional. Penalty

11 Counsel for the College advised the panel that a Joint Submission as to Penalty had been agreed upon. The Joint Submission as to Penalty provides as follows: WHEREAS, LIBBY HALAWANI ( THE MEMBER ) is subject to a Recognizance to Keep the Peace, signed by the Member on January 26, 2009, and requiring the Member to, for a period of twelve (12) months: a. Abstain from communicating, directly or indirectly, with [Client A], [the POA], [the general manager] or [Client C]; b. Not work with any member of the public sixty (60) years old and over; c. Not work in any retirement home, or any other senior citizens facility; and d. Report to the Ontario College of Nurses within thirty (30) days. LIBBY HALAWANI ( THE MEMBER ) AND THE COLLEGE JOINTLY SUBMIT that, in view of the circumstances set out in the Agreed Statement of Facts, the Member s admissions of professional misconduct and the Panel s findings of professional misconduct, the Panel of the Discipline Committee ( the Panel ) should make an Order as follows: 1. Requiring the Member to appear before the Panel to be reprimanded at a date to be arranged but, in any event, within three (3) months of the date of the Order. 2. Directing the Executive Director to suspend the Member s certificate of registration for a period of six (6) months. The suspension shall take effect on the date of the Order and shall continue to run without interruption. The suspension shall run continuously so long as the Member maintains a current registration. In the event that the Member fails to maintain a current registration, any portion of the suspension which has not yet been served, shall be served commencing on the day that the registration is renewed. 3. Directing the Executive Director to impose the following terms, conditions and limitations on the Member s certificate of registration: (a) Requiring the Member to return her current Annual Payment Card to the College within fourteen (14) days of the date of the Order so that a new Annual Payment Card, indicating that the Member s certificate of registration is subject to terms, conditions and/or limitations, can be issued upon completion of the suspension. The Member s Annual Payment Card shall be delivered to the College by a verifiable method of delivery, the proof of which the Member shall retain; (b) The Member shall meet with the Director of Investigations and Hearings ( the Director ), or the Director s designate at a date to be arranged, but, in any event, within three (3) months following the date of the Order, at the College to discuss:

12 (i) (iii) the conduct for which she was found to have committed professional misconduct; the potential consequences of that conduct to her clients, her colleagues, her profession, and herself; and the Member s responsibilities as a member of a self-regulated profession; (c) The Member shall attend two (2) meetings with an Expert with expertise in Nursing Boundaries and/or Ethics, who has received the prior approval of the Director (the Expert ). All costs associated with these meetings shall be borne by the Member. The meetings shall commence within three (3) months of the date of the Order. The second meeting shall take place within two (2) months of the first meeting and all two (2) sessions shall be completed within six (6) months of the date of the Order; (d) Before commencing any of the meetings with the Director referred to in paragraph 3(b) or the Expert referred to in paragraph 3(c), above, the Member shall: (i) provide the Expert with a copy of the Discipline Panel s Order, the Agreed Statement of Facts, the Joint Submission on Penalty, and the Panel s written Decision and Reasons, if available, delivered through the use of a verifiable method of delivery, the proof of which the Member shall retain. If the Panel s Decision and Reasons are not available prior to the Member s first meeting with the Expert, the Member shall deliver to the Expert, through the use of a verifiable method of delivery, the proof of which the Member shall retain, a copy of the Panel s Decision and Reasons, together with any attachments, within 14 days of their release; Review the following College Publications: Professional Standards (Revised 2002); Ethics; and Therapeutic Nurse-Client Relationship; (iii) (iv) Complete the College s online learning modules relating to Professional Standards and Therapeutic Nurse-Client Relationship, complete the online participation forms relevant to each module, and print and bring the completed online participation forms to her meetings with the Director and with the Expert; and Complete the College s self-directed learning package, One is One Too Many, at her own expense; (e) The subject of the sessions with the Expert will include the following:

13 (i) (iii) (iv) the conduct for which the Member was found to have committed professional misconduct; the consequences of this behaviour in the nursing context; the responsibilities the Member has as a regulated health professional; and strategies for making the inappropriate conduct unlikely to occur in the future. (f) Once the Member has completed all the meetings with the Expert referred to in paragraph 3(c), above, the Director shall receive from the Expert within thirty-five (35) days a report, delivered through the use of a verifiable method of delivery, proof of which the Expert shall retain, in which the Expert confirms: (i) (iii) (iv) that the Member has attended the meetings with the Expert; that the subject of the meetings were the Member s inappropriate conduct, the consequences of this behaviour in the nursing context, the responsibilities the Member has as a regulated health professional, and the strategies for making the inappropriate conduct unlikely to occur in the future; her/his assessment of the Member s insight into her behaviour; and that she/he received copies of the Discipline Panel s Order, the Agreed Statement of Facts, the Joint Submission on Penalty, and, if available, the Panel s Decision and Reasons; (g) Until such time as the conditions specified in paragraphs 3(a), (b), (c), (d), (e) and (f) have been successfully completed, and the Director receives a report from the Expert, delivered through the use of a verifiable method of delivery, the proof of which the Expert shall retain, the Member will only practi[s]e nursing for an employer where other registered nurses are employed and will not practi[s]e independently or in the community; (h) The Member shall refrain from practi[s]ing nursing in a retirement residence or any other setting involving individuals over the age of sixty (60) years, until January 25, 2010; (i) For a period of twenty-four (24) months following the date upon which the Member returns to the practice of nursing, the Member shall: (i) notify the Director of the name, address, and telephone number of all employer(s) within fourteen (14) days of commencing or resuming employment in any nursing position. Notification shall

14 be in writing and through the use of a verifiable method of delivery, the proof of which the Member shall retain; (iii) provide her employer(s) with a copy of the Panel s Penalty Order together with the Notice of Hearing, Agreed Statement of Facts, Joint Submission on Penalty and, if available the Panel s written Decision and Reasons, together with any attachments. If the Decision and Reasons are not available on the day that the Member returns to practice, the Member shall provide her employer with a copy of the Decision and Reasons within fourteen (14) days of it becoming available; only practi[s]e for an employer(s) who agrees to, and does write to the Director, within fourteen (14) days of the commencement or resumption of the Member s employment and provide the Director with the following: A. confirmation that the employer(s) has received a copy of the documents referred to in paragraph 3(i) above; and B. confirmation that the employer agrees to notify the Director immediately upon receipt of any reasonable information that the Member has breached the standards of practice of the profession. Penalty Submissions Counsel for the College advised that the main objective of any penalty is public protection. She stated that the proposed penalty strikes the correct balance as it has elements of specific deterrence, general deterrence and rehabilitation. The proposed penalty sends a message to nurses that there are serious consequences to this type of behaviour. The rehabilitation component of the penalty protects the public while allowing the Member to return to the profession. Counsel for the College identified as an aggravating factor that the Member s actions represented a serious breach of trust which involved vulnerable and mentally deficient clients. She submitted that the Member had taken advantage of these clients to better herself financially and that this behaviour cannot be excused. In terms of mitigating factors, Counsel for the College submitted that the Member had no prior discipline history and fully cooperated with the College and admitted her guilt. The panel was encouraged to accept the penalty as presented. The Member advised the panel that she agreed with the proposed penalty and she added that her actions had caused a backlash from the community, family and colleagues. She advised the panel that she felt she could be rehabilitated.

15 The panel questioned whether restitution had been made to the victims and the Member advised that borrowed funds had been fully repaid. Penalty Decision The panel accepts the Joint Submission as to Penalty and accordingly orders: 1. The Member to appear before the Panel to be reprimanded at a date to be arranged but, in any event, within three (3) months of the date of the Order. 2. The Executive Director to suspend the Member s certificate of registration for a period of six (6) months. The suspension shall take effect on the date of the Order and shall continue to run without interruption. The suspension shall run continuously so long as the Member maintains a current registration. In the event that the Member fails to maintain a current registration, any portion of the suspension which has not yet been served, shall be served commencing on the day that the registration is renewed. 3. The Executive Director to impose the following terms, conditions and limitations on the Member s certificate of registration: (a) Requiring the Member to return her current Annual Payment Card to the College within fourteen (14) days of the date of the Order so that a new Annual Payment Card, indicating that the Member s certificate of registration is subject to terms, conditions and/or limitations, can be issued upon completion of the suspension. The Member s Annual Payment Card shall be delivered to the College by a verifiable method of delivery, the proof of which the Member shall retain; (b) The Member shall meet with the Director of Investigations and Hearings ( the Director ), or the Director s designate at a date to be arranged, but, in any event, within three (3) months following the date of the Order, at the College to discuss: (i) the conduct for which she was found to have committed professional misconduct; the potential consequences of that conduct to her clients, her colleagues, her profession, and herself; and (iii)the Member s responsibilities as a member of a self-regulated profession; (c) The Member shall attend two (2) meetings with an Expert with expertise in Nursing Boundaries and/or Ethics who has received the prior approval of the Director (the Expert ). All costs associated with these meetings shall be borne by the Member. The meetings shall commence within three (3) months of the date of the Order. The second meeting shall take place within two (2) months of the first meeting and all two (2) sessions shall be completed within six (6) months of the date of the Order; (d) Before commencing any of the meetings with the Director referred to in paragraph 3(b) or the Expert referred to in paragraph 3(c), above, the Member shall:

16 (i) provide the Expert with a copy of the Discipline Panel s Order, the Agreed Statement of Facts, the Joint Submission on Penalty, and the Panel s written Decisions and Reasons, if available, delivered through the use of a verifiable method of delivery, the proof of which the Member shall retain. If the Panel s Decisions and Reasons are not available prior to the Member s first meeting with the Expert, the Member shall deliver to the Expert, through the use of a verifiable method of delivery, the proof of which the Member shall retain, a copy of the Panel s Decisions and Reasons, together with any attachments, within 14 days of their release; Review the following College Publications: Professional Standards (Revised 2002); Ethics; and Therapeutic Nurse-Client Relationship; (iii) Complete the College s online learning modules relating to Professional Standards and Therapeutic Nurse-Client Relationship, complete the online participation forms relevant to each module, and print and bring the completed online participation forms to her meetings with the Director and with the Expert; and (iv) Complete the College s self-directed learning package, One is One Too Many, at her own expense; (e) The subject of the sessions with the Expert will include the following: (i) the conduct for which the Member was found to have committed professional misconduct; the consequences of this behaviour in the nursing context; (iii)the responsibilities the Member has as a regulated health professional; and (iv) strategies for making the inappropriate conduct unlikely to occur in the future (f) Once the Member has completed all the meetings with the Expert referred to in paragraph 3(c), above, the Director shall receive from the Expert within thirty-five (35) days a report, delivered through the use of a verifiable method of delivery, proof of which the Expert shall retain, in which the Expert confirms: (i) that the Member has attended the meetings with the Expert; that the subject of the meetings were the Member s inappropriate conduct, the consequences of this behaviour in the nursing context, the responsibilities the Member has as a regulated health professional, and the strategies for making the inappropriate conduct unlikely to occur in the future; (iii)her/his assessment of the Member s insight into her behaviour; and

17 (iv) that she/he received copies of the Discipline Panel s Order, the Agreed Statement of Facts, the Joint Submission on Penalty, and, if available, the Panel s Decisions and Reasons; (g) Until such time as the conditions specified in paragraphs 3(a), (b), (c), (d), (e) and (f) have been successfully completed, and the Director receives a report from the Expert, delivered through the use of a verifiable method of delivery, the proof of which the Expert shall retain, the Member will only practi[s]e nursing for an employer where other registered nurses are employed and will not practi[s]e independently or in the community; (h) The Member shall refrain from practi[s]ing nursing in a retirement residence or any other setting involving individuals over the age of sixty (60) years, until January 25, 2010; (i) For a period of twenty-four (24) months following the date upon which the Member returns to the practice of nursing, the Member shall: (i) notify the Director of the name, address, and telephone number of all employer(s) within fourteen (14) days of commencing or resuming employment in any nursing position. Notification shall be in writing and through the use of a verifiable method of delivery, the proof of which the Member shall retain; provide her employer(s) with a copy of the Panel s Penalty Order together with the Notice of Hearing, Agreed Statement of Facts, Joint Submission on Penalty and, if available the Panel s written Decision and Reasons, together with any attachments. If the Decision and Reasons are not available on the day that the Member returns to Practice, the Member shall provide her employer with a copy of the Decision and Reasons within fourteen (14) days of it becoming available; (iii)only practi[s]e for an employer(s) who agrees to, and does write to the Director, within fourteen (14) days of the commencement or resumption of the Member s employment and provide the Director with the following: A. confirmation that the employer(s) has received a copy of the documents referred to in paragraph 3(i) above; and B. confirmation that the employer agrees to notify the Director immediately upon receipt of any reasonable information that the Member has breached the standards of practice of the profession. Reasons for Penalty Decision The panel concluded that the proposed penalty is reasonable and in the public interest. The Member has cooperated with the College and, by agreeing to the facts and a proposed penalty, has accepted responsibility for her actions.

18 The panel noted that this penalty has a significant number of different components, all of which are necessary to protect the public. The Member s actions were noted by the panel to be far outside the realm of any acceptable nursing behaviour and demonstrated a significant lack of judgment and total disregard for [client] welfare. The panel finds that the suspension of six months sends a strong message to the profession that this type of behaviour has no place in nursing practice. Requiring the Member to notify employers of this decision for a twenty-four month period after her return to practice serves to safeguard the public. There was some concern that the length of this reporting requirement should be increased but after careful deliberations, the panel determined that twenty-four months was within the acceptable range of reporting requirements in similar cases. When these factors were coupled with the rehabilitation required of the Member, the panel was satisfied that the penalty as a whole will protect the public. I, Denise Dietrich, RPN sign this decision and reasons for the decision as Chairperson of this Discipline panel and on behalf of the members of the Discipline panel as listed below: Chairperson Date Panel Members: Nicole Florent, RN Michael Hogard, RPN Abdul Patel, Public Member Bill Dowson, Public Member