DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

Transcription

1 DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO PANEL: Karen Breen-Reid, RN Chairperson Margaret McGinn, RN Member Cheryl McMaster, RPN Member Gino Cucchi Public Member Margaret Tuomi Public Member BETWEEN: COLLEGE OF NURSES OF ONTARIO NICK COLEMAN for College of Nurses of Ontario - and - WANDA ELAINE PANKHURST Registration No TIMOTHY HANNIGAN for Wanda Elaine Pankhurst Heard: March 18, 2009 DECISION AND REASONS This matter came on for hearing before a panel of the Discipline Committee on March 18, 2009 at the College of Nurses of Ontario (the College at Toronto. The Allegations The allegations against Wanda Pankhurst (the Member as stated in the Notice of Hearing dated January 16, 2009, are as follows. 1. 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(1 of Ontario Regulation 799/93, in that, while employed as a Registered Nurse at [the agency] in [ ], Ontario, you contravened a standard of practice of the profession or failed to meet the standards of practice of the profession with respect to engaging in a personal and/or sexual relationship with the [Client] in or about February-October, You have committed an act of professional misconduct as provided by sub-section 51(1(c of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and sub-section 1(7 of Ontario Regulation 799/93 in that, while

2 employed as a Registered Nurse at [the agency] in [ ], Ontario, you abused a client, verbally, physically or emotionally with respect to engaging in a personal and/or sexual relationship with the [Client] in or about February-October 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, in that, while employed as a Registered Nurse at [the agency] 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 of the profession as disgraceful, dishonourable or unprofessional with respect to engaging in a personal and/or sexual relationship with the [Client] in or about February-October You have committed an act of professional misconduct as provided by subsection 51(1(b.1 of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, in that, while employed as a Registered Nurse at [the agency] in [ ], Ontario, you sexually abused a [Client] in or about February-October Member s Plea Wanda Pankhurst admitted the allegations set out in paragraphs numbered 1, 2, 3, and 4 in the Notice of Hearing. The panel conducted a 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, dated March 18, 2009 which provided as follows. THE MEMBER 1. Wanda Elaine Pankhurst ( the Member registered with the College of Nurses of Ontario ( the College as a Registered Nurse ( RN in The Member is presently employed with [the agency] in [ ], Ontario. THE FACILITY 3. [The agency] is a homecare agency that provides home and community health care services throughout Canada. It has over 35 homecare offices and offers a range of services covering both short and long-term personal health care needs. The [Facility] is one of the [ ] care offices. THE CLIENT 4. The Client was a client of the Facility from January 11, 2005 to October 20, The Client was a burn victim who required daily community health care by way of nursing care from Registered Nurses hired by the Facility. At the time that the

3 allegations took place, the Client resided in [ ], Ontario. THE ALLEGATIONS 5. On January 11, 2005, the Member attended the Client s home to provide [ ] nursing care. This was the first time the Member met the Client. The Member advised the Client that she was assigned [ ] to provide [ ] nursing care. 6. From January 11, 2005 until February 22, 2005, the Client was provided with nursing care twice a day, seven days a week. The Member provided most of that care, approximately 4-5 days a week on average. 7. On or about February 22, 2005, the Client was admitted to [the] Hospital for surgery. The Client remained at [the] Hospital until mid-april During this period of time, the Member did not provide the Client with nursing care. 8. Upon being discharged from [the] Hospital in April 2005, the Client returned [home]. As the Client still required nursing care, the nursing care visits resumed, once a day, seven days a week. As before, the Member provided most of that care. 9. In or around mid-april 2005, the Member and the Client began to go for coffee together on occasion after the Member provided the Client with nursing care. The Member s nursing care visits with the Client were often her last working appointments of the day. 10. On May 5, 2005, the Member and the Client went on a picnic together. During this picnic, the Client told the Member that [the Client] was falling in love with her. Thereafter, the Member and the Client had other picnics together. During this time, the Member continued to provide daily nursing care to the Client. 11. On or about July 2005, while on a picnic together, the Member hugged and kissed the Client correspondence between the Member and the Client began on or about August 16, These electronic communications were exchanged between the Member and the Client on a daily basis and involved the Member sharing her feelings of affection and sexual interest towards the Client and included the Member using the word love towards the Client. 13. On the evening of August 19, 2005, after celebrating a friend s birthday party at a local bar, the Member and the Client went back to the Client s residence. On this evening, the Member and the Client engaged in various sexual acts, including kissing and touching each other s genitals, but not sexual intercourse. The following day, the Member and the Client saw each other again and engaged in further sexual activity, but not sexual intercourse. 14. On or about September 5, 2005, the Client moved [ ] and rented [an] apartment in [ ], Ontario. The Client continued to receive nursing care services once daily,

4 several days a week. The Member continued to act as the Client s primary nurse. 15. On or about September 6, 2005, the Member and the Client had sexual intercourse together for the first time. At this time, the Member was still providing regular nursing care to the client. 16. From September 6, 2005 and onwards, the Member s personal relationship with the Client continued to develop. The Member and the Client took a number of short trips together for the Client s medical appointments or for other personal reasons. 17. The Client continued to receive nursing care from the Member until October 20, 2005, when the Client was discharged from the Facility. 18. During their relationship, the Member and the Client exchanged numerous gifts. The Client gave the Member jewelry and four bottles of perfume. The Member gave the Client slippers, a wallet, gloves, a scarf, and a compact disk. ADMISSIONS OF PROFESSIONAL MISCONDUCT 19. The Member admits to the following acts of professional misconduct, as described in paragraphs 5-18 above: a The Member admits that she 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(1 of Ontario Regulation 799/93, in that, while employed as a Registered Nurse at [the agency] in [ ], Ontario, she contravened a standard of practice of the profession or failed to meet the standards of practice of the profession with respect to engaging in a personal and sexual relationship with the [Client] in or about February-October, (b that she 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 sub-section 1(7 of Ontario Regulation 799/93 in that, while employed as a Registered Nurse at [the agency] in [ ], Ontario, she abused a client, verbally, physically or emotionally with respect to engaging in a personal and sexual relationship with the [Client] in or about February-October (c that she 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, in that, while employed as a Registered Nurse at [the agency] in [ ], Ontario, she 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 of the profession as disgraceful,

5 Decision dishonourable and unprofessional with respect to engaging in a personal and sexual relationship with the [Client] in or about February-October (d that she committed an act of professional misconduct as provided by subsection 51(1(b.1 of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, in that, while employed as a Registered Nurse at [the agency] in [ ], Ontario, she sexually abused a [Client] in or about February-October The panel considered the Agreed Statement of Facts and finds that the facts support a finding of professional misconduct and, in particular, finds that the Member committed an act of professional misconduct as alleged in paragraphs 1, 2, 3, and 4 of the Notice of Hearing in that the Member engaged in a personal and sexual relationship with [the Client] during the time she provided nursing care to [the Client]. Reasons for Decision The panel find that for Allegation #1, facts #9, 10, 11, 12, 13, 15, 16, and 18 in the Agreed Statement of Facts support the finding of professional misconduct. For Allegation #2, facts # 5, 6, 9, 10, 11, 12, 13, 15, 16 and 18 support the finding that the Member abused a client by engaging in a personal and sexual relationship with the [Client]. For Allegation #3, facts #5 to 18 support the finding that the Member engaged in conduct that would reasonably be regarded by members of the profession as disgraceful, dishonourable and unprofessional. For Allegation #4, facts #5, 6, 11, 12, 13, and 15, support the finding that the Member sexually abused a [client]. Penalty Submissions Counsel for the College advised the panel that a Joint Submission as to Penalty had been agreed upon. The Joint Submission as to Penalty requests this panel to 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 March 18, 2009; and 2 requiring the Executive Director to revoke the Member s certificate of registration, effective immediately. Counsel for the College submitted that the Panel has no choice in this situation but to accept the penalty in that revocation and a reprimand are required by section 51(5 of the Health Professions Procedural Code (the Code. Counsel submitted that the panel does not need to look beyond the language of the Code, as the Member agreed to the facts and accepted that she engaged in a sexual and personal relationship with a [client]. Nothing in addition to this penalty is required in this case. The personal relationship between the Member and the [Client] was consensual. The penalty addresses all concerns and sends a clear message to the Member, the public, and to the profession at large that sexual and personal relationships between a member and a [client] will not be tolerated.

6 Counsel for the Member submitted that the Member has been a dedicated member of the profession for over twenty years and was named nurse of the year by her employer in She has provided, up to this point, excellent service to her [clients]. She takes this matter seriously, has chosen to accept the facts, and acknowledges her wrong-doing. She prevented a long hearing and did not require the [client] or other witnesses to testify. The penalty is consistent with the serious manner in which the College and the legislation view this conduct. It provides a specific deterrence to the Member, general deterrence to the profession, and satisfies the College s mandate to communicate that there is a serious penalty for this conduct. The automatic penalty mandated in the legislation is appropriate and the only one necessary. 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 March 18, the Executive Director to revoke the Member s certificate of registration, effective immediately. Reasons for Penalty Decision The panel accepted that the proposed penalty is appropriate and in the public interest. Revocation of the Member s certificate of registration and an oral reprimand are the minimum penalty requirements of the Code when there is a finding of professional misconduct with respect to sexual abuse of this nature. The Member has cooperated with the College and, by agreeing to the facts and the proposed penalty, has accepted responsibility for her actions and has avoided a lengthy hearing. The penalty provides specific deterrence to the Member and general deterrence to the membership in that it sends a strong message that the Member s behaviour shall not be tolerated. Personal and sexual relationships between members and their clients contravene the standards of practice for the profession. The penalty ensures that the public trust in the profession is maintained. I, Karen Breen-Reid, 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: Margaret McGinn, RN

7 Cheryl McMaster, RPN Gino Cucchi, Public Member Margaret Tuomi, Public Member