DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

Transcription

1 DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO PANEL: Dennis Curry, RN Chairperson Claudette Drapeau, RPN Member Rosalie Woods, RPN Member Grace Isgro-Topping Public Member Faira Bari Public Member BETWEEN: ANIL KAPOOR for COLLEGE OF NURSES OF ONTARIO College of Nurses of Ontario - and - NO REPRESENTATION for TIMOTHY ALLEN PHILLIPS Timothy Allen Phillips Registration No. IA09737 Heard: April 4, 2007 DECISION AND REASONS This matter came on for hearing before a panel of the Discipline Committee on April 4, 2007, at the College of Nurses of Ontario (the College at Toronto. The hearing commenced at 0900h as scheduled. The Member was not present at that time, and the panel allowed a half hour recess for the Member to arrive. At 0930h the Member was still not present. The panel satisfied itself that the Member received the Notice Hearing (Exhibit #1, as evidenced by the Affidavit of Service (Exhibit # 2 filed by College. The hearing proceeded in the Member s absence. The Allegations The allegations against Timothy Allen Phillips, [ ] (the Member as stated in the Notice of Hearing dated March 7, 2007, are as follows: 1. You have committed an act of professional misconduct as provided by section 51(1(a of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, in that on the following dates in proceedings listed below in the Ontario Court of Justice you were found guilty of the following offences that are relevant to your

2 suitability to practise, namely: a [Withdrawn] b [Withdrawn] c On June 23, 1999 uttering a death threat contrary to s.264.1(1(aof the Criminal Code; d On January 30, 2001 assault contrary to s.266 of the Criminal Code; e On January 30, 2001 resisting arrest contrary to s. 129(a of the Criminal Code; f On July 23, 2002 breach of undertaking contrary to s.145(5.1 of the Criminal Code; g On March 31, 2005 cause a disturbance contrary to s. 175(1 of the Criminal Code; and h On March 31, 2005 threaten to cause bodily harm contrary to s (1(b of the Criminal Code. 2. [Withdrawn] 3. You have committed an act 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(15 of Ontario Regulation 799/93 in that you signed or issued, in your professional capacity, a document that you knew or ought to have known contained a false or misleading statement, in that: a On or about December 7, 2001 you falsely certified in your 2002 Annual Payment Form that you had not been found guilty of a criminal offence since your initial registration with the College of Nurses of Ontario; and b On or about December 6, 2002 you falsely certified in your 2003 Annual Payment Form that you had no reporting requirements to the College of Nurses of Ontario. 4. You have committed an act 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(37 of Ontario Regulation 799/93 while employed at [the facility] in that you engaged in conduct or performed an act or acts relevant to the practise of nursing that, having regard to all of the circumstances would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, in that: a On May 23, 1996 you were found guilty of the offence of assault contrary to s.266 of the Criminal Code; b On June 14, 1999 you were found guilty of the offence of assault contrary to s.266 of the Criminal Code; c On June 23, 1999 you were found guilty of the offence of uttering a death threat contrary to s.264.1(1(aof the Criminal Code; d On January 30, 2001 you were found guilty of the offence of assault contrary to s.266 of the Criminal Code; e On January 30, 2001 you were found guilty of the offence of resisting arrest contrary to s. 129(a of the Criminal Code;

3 f On July 23, 2002 you were found guilty of the offence of breach of undertaking contrary to s.145(5.1 of the Criminal Code; g [Withdrawn] h [Withdrawn] i [Withdrawn] j [Withdrawn] k [Withdrawn] Counsel for the College advised that the College was withdrawing the allegations set out in paragraphs 1 (a & (b, 2, and 4 (g, (h, (i, (j & (k of the Notice of Hearing. Member s Plea The Member was not present at the hearing, nor was he represented by counsel, therefore the panel proceeded on the basis that the Member denied the allegations set out in the Notice of Hearing. Overview The Member has been registered with the College as a Registered Practical Nurse since The Member was employed as a Registered Practical Nurse at [the facility] during the time of the allegations. The Member has been convicted of several offences under the Criminal Code of Canada, which he falsely reported on his 2002 registration renewal with the College. The Member also failed to disclose information [as part of] his self reporting obligation with the College upon renewal in The panel considered the Member s numerous criminal convictions over the past decade, his lack of accountability, and failure to disclose such activity to the College. The Evidence Suitability to Practice The panel considered the following uncontested evidence with respect to the Member s suitability to practice, set out in allegations # 1 (c, (d, (e, (f, (g, (h of the Notice of Hearing. Exhibits # 5 through Exhibit # 9 to the hearing included Criminal Convictions Documentation that outlined the Member s convictions, which included uttering death threats, assault, resisting arrest and failure to comply. The panel reviewed evidence that the Member: (a uttered death threats to a police officer in an open court; (b assaulted [ ] by kicking [ ] repeatedly; and (c had to be pepper sprayed while resisting arrest. The Member also failed to comply with a court order after being found to have been intoxicated in a public place. The evidence was that many of the convictions arose from the Member s abuse of alcohol.

4 Misleading Statements With respect to the allegations that the Member signed or issued, in his professional capacity, a document that he knew or ought to have known contained a false or misleading statement, as set out at allegations # 3 (a and (b of the Notice of Hearing, the panel heard evidence from [ ], Coordinator, Registration and Exams at the College. [The Co-ordinator] testified that, as of 2002, all registrants of the College had a self reporting obligation to report any criminal convictions since their initial registration. [The Co-ordinator] confirmed the authenticity the Member s Annual Payment form for 2002, signed December 7, 2001 (Exhibit #10 and the Member s Annual Payment form for 2003, signed December 2, 2002 (Exhibit #11. Exhibit # 10 clearly shows that the Member falsely reported by indicating that he had no previous criminal convictions. The evidence presented to the panel demonstrated multiple criminal convictions dating back more than a decade. Exhibit # 11 clearly shows that the Member failed to report any previous criminal convictions in his 2003 Annual Payment form. The panel considered the testimony of [the Co-ordinator] and found his testimony to be factual and detailed in his explanations of the documents. [The Co-ordinator] had no personal interest in the outcome of the hearing. The documents supported his testimony. Disgraceful, Dishonourable or Unprofessional Conduct When considering the evidence relevant to allegation # 4 (a, (b, (c, (d, (e & (f, related to disgraceful, dishonourable or unprofessional conduct, the panel reviewed Exhibit # 4 and Exhibit # 5 which confirmed the guilty verdicts relating to the Member. The panel also considered the evidence presented in allegations #1 (c-h and #3 (a-b, set out above. Decision The College bears the onus of proving the allegations in accordance with the standard of proof which the panel is familiar with, set out in Re Bernstein and College of Physicians and Surgeons of Ontario ( O.R. (2d 447. The standard of proof applied by the panel, in accordance with the Bernstein decision, was a balance of probabilities with the qualification that the proof must be clear and convincing and based upon cogent evidence accepted by the panel. The panel also recognized that the more serious the allegation to be proved, the more cogent must be the evidence.

5 Having considered the evidence and the onus and standard of proof, the panel finds that the Member committed acts of professional misconduct as alleged in paragraphs 1 (c, (d, (e, (f (g & (h and 3 (a and (b of the Notice of Hearing. In particular, the Member committed acts professional misconduct in that the Member was convicted of numerous criminal offences which the Member falsely reported, and then failed to report, on the Annual Renewal forms for the Member s College registration. The panel further finds that the criminal conduct of the Member, evidenced by the criminal convictions referred to at paragraphs 4 (1, (b, (c, (d, (e and (f of the Notice of Hearing, would reasonably be regarded by members as disgraceful, dishonourable and unprofessional. Reasons for Decision The panel considered the submissions by College Counsel, the exhibits presented as well as the evidence presented, and is satisfied that the Member had pleaded guilty and was convicted on various charges under the Criminal Code of Canada. Given the nature of these convictions, the panel finds the conduct of the Member demonstrates that the Member is unsuitable to the practice of nursing. Futhermore, the Member signed a document that contained a false or misleading statement when completing his Annual Payment form. Evidence presented by the College proved that the Member failed to disclose his past criminal convictions on one occasion and provided false information on another. Therefore, on careful consideration of the evidence, and in the absence of the Member or the Member s testimony or evidence to the contrary, the panel finds the Member committed the acts of professional misconduct as alleged in the Notice of Hearing. Penalty Counsel for the College made submissions with respect to penalty, and recommended that the Member s Certificate of Registration by revoked immediately. Penalty Decision The panel deliberated and unanimously accepted counsel s recommendation and directs the Registrar of the College to revoke the Member s Certificate of Registration, effective immediately. Reasons for Penalty Decision The panel deliberated and agreed that the Member by his actions was ungovernable. The Member s actions violate the cornerstones of the nursing profession, those being honesty, integrity and trustworthiness. The panel noted that the Member did not to appear at the hearing, and there is no evidence that the Member has accounted for his actions. The Member s absence at this hearing, the failing to comply charge and numerous convictions, over 10 years, shows the Member s disrespect for both the law and the process of this College.

6 The penalty of revocation is fair and appropriate in the circumstances in that it protects the public and sends a strong message to the membership that this type of behaviour will not be tolerated. This conduct is not suitable for a registered member of the College and does not inspire confidence with the public, as Nurses are held to a higher standard of conduct. It matters how one is perceived by the public. I, Dennis Curry, RN 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: Claudette Drapeau, RPN Rosalie Woods, RPN Grace Isgro-Topping, Public Member Faira Bari, Public Member