IN THE MATTER OF THE COLLEGE OF LICENSED PRACTICAL. N URSES OF BRITISH COLUMBIA (The "College")

Similar documents
DECISION AND REASONS

This summary of the Discipline Committee s Decision and Reason for Decision is published pursuant to the Discipline Committee s penalty order.

HEALTH PRACTITIONERS COMPETENCE ASSURANCE ACT 2003 COMPLAINTS INVESTIGATION PROCESS

AND IN THE MATTER OF discipline proceedings against GEORGINA MARIE GUYETT, a current member of the College of Early Childhood Educators.

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Catherine Egerton, Public Member Chairperson. Deborah Graystone, NP

Northern Ireland Social Care Council. NISCC (Registration) Rules 2017

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

Conduct and Competence Committee Substantive Order Review Hearing. 14 July Nursing and Midwifery Council, 61 Aldwych, London, WC2B 4AE

PROPOSED REGULATION - FOR CONSULTATION. Pharmacy Act, 1991 Loi de 1991 sur les pharmaciens ONTARIO REGULATION 202/94 GENERAL DRAFT

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Conduct and Competence. Substantive Order Review Hearing. 9 February Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. Terry Holland, RPN. Susan Roger, RN

Investigating Committee Substantive Hearing Fraudulent/Incorrect Entry 14 November Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE

Part(s) of the register: Registered nurse sub part 2 Adult nursing L2 October 1980 Registered nurse sub part 1 Adult nursing L1 Sept 1998

Overview of. Health Professions Act Nurses (Registered) and Nurse Practitioners Regulation CRNBC Bylaws

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Nancy Sears, RN Chairperson Cheryl Beemer, RN Member Tammy Hedge, RPN Member

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. Ingrid Wiltshire-Stoby, RN Member

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Michael Hogard, RPN Chairperson Samantha Diceman, RPN Member George Rudanycz, RN

Conduct & Competence Committee Substantive Meeting

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Assessment and Program Dismissal Virginia Commonwealth University Health System Pharmacy Residency Programs

FINANCIAL PLANNING STANDARDS COUNCIL 2017 ENFORCEMENT AND DISCIPLINARY REVIEW REPORT

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Health Professions Act BYLAWS. Table of Contents

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Spencer Dickson, RN Chairperson

25/02/18 THE SOCIAL CARE WALES (REGISTRATION) RULES 2018

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

18 Month Interim Suspension Order

Conduct and Competence Committee. Substantive Order Review Hearing. Tuesday 11 October 2016

25/02/18 THE SOCIAL CARE WALES (REGISTRATION) RULES 2018

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Grace Fox, NP Chairperson

Conduct and Competence Committee. Substantive Hearing. 22 May Nursing and Midwifery Council, 2 Stratford Place, London, E20 1EJ

Regulatory Council for Community Association Managers Telephone Conference Meeting Wednesday, December 6, 9:00 A.M. EST.

Part(s) of the register: RM, Registered Midwife (8 May 2014)

PRACTICE MANAGEMENT EDUCATION (PME) REGULATION

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Margaret Tuomi Chairperson Zahir Hirji, RN Angela Verrier, RPN

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

HEALTH PROFESSIONS APPEAL AND REVIEW BOARD. Heard August 27, 2013, at Toronto, Ontario, Ontario

Allegations of insufficient knowledge of English

Nursing and Midwifery Council: Fitness to Practise Committee Substantive Hearing 1-2 August 2017

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Public Minutes of the Investigation Committee

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Policies and Procedures for Discipline, Administrative Action and Appeals

COLLEGE OF PHYSICIANS & SURGEONS OF MANITOBA INQUIRY PANEL DECISION

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Catherine Egerton, Chairperson

CREDENTIALING PROCEDURES MANUAL MEMORIAL HOSPITAL OF SOUTH BEND, INC. SOUTH BEND, INDIANA

Nursing & Midwifery Council:

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Conduct and Competence Committee Substantive Hearing Held at Nursing and Midwifery Council, 13a Cathedral Road, Cardiff, CF11 9HA On 30 January 2017

THE DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO.

Nursing and Midwifery Council Fitness to Practise Committee Substantive Meeting 22 August 2018

DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO. - and -

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Jim Attwood, RN Chairperson Lori McInerney, RN Member Monica Seawright, RPN Member

INSTITUTION OF ENGINEERS RWANDA

Indexed as: Valencia (Re) THE DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO

SERVICE MEMBERS CIVIL RELIEF ACT

COMPLAINTS TO THE COLLEGE OF PSYCHOLOGISTS OF ONTARIO

Nursing and Midwifery Council Fitness to Practise Committee

30 September 2015 Nursing and Midwifery Council, 2 Stratford Place, Montfichet Road, London, E20 1EJ

Registration and Use of Title

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Occupational Safety and Health Council Hong Kong Safety and Health Certification Scheme

DISCIPLINE COMMITTEE OF THE COLLEGE OF CHIROPODISTS OF ONTARIO

Conduct and Competence Committee. Substantive Order Review Hearing. 11 December Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

REGULATED HEALTH PROFESSIONS ACT LICENSED PRACTICAL NURSE REGULATIONS

MEDICAL LICENSURE COMMISSION OF ALABAMA ADMINISTRATIVE CODE CHAPTER 545 X 6 THE PRACTICE OF MEDICINE OR OSTEOPATHY ACROSS STATE LINES

ALABAMA DEPARTMENT OF MENTAL HEALTH BEHAVIOR ANALYST LICENSING BOARD DIVISION OF DEVELOPMENTAL DISABILITIES ADMINISTRATIVE CODE

Provider Credentialing and Termination

REGISTERED DIETITIANS AND REGISTERED NUTRITIONISTS PROFESSION REGULATION

Nursing and Midwifery Council Fitness to Practise Committee. Substantive Order Review Meeting 2 July 2018

Nursing and Midwifery Council: Fitness to Practise Committee Substantive Hearing October 2017

Nursing and Midwifery Council Fitness to Practise Committee. Substantive Order Review Meeting. 16 October 2017

PHYSIOTHERAPY ACT STANDARDS AND DISCIPLINE REGULATIONS

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.

PUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal. Date: 07/11/2017. Medical practitioner s name: Dr Umashankar VELLAIAH DURAI

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Joanne Furletti, RN Chairperson Denise Dietrich, RPN Member Dennis Curry, RN Member

The Nursing and Midwifery Order 2001 (SI 2002/253)

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Michael Hogard, RPN Chairperson Miranda Huang, RN Member Susan Roger, RN

NC General Statutes - Chapter 90 Article 18D 1

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

NOTE: This document includes amendments, effective 3/20/15, to Regulations under COMAR 13A

Nursing and Midwifery Council: Fitness to Practise Committee. Substantive Order Review Hearing

Index No. Petitioner, : -against- : VERIFIED PETITION. Petitioner Scott McConnell, by his counsel undersigned, alleges as follows:

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

Termination of the Physician-Patient Relationship

Nursing and Midwifery Council Fitness to Practise Committee

Nursing and Midwifery Council Fitness to Practise Committee. Substantive Meeting 20 March 2018

PUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal. Dates: 28/02/ /03/2018

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 HOUSE DRH20205-MG-112 (03/24) Short Title: Enact Death With Dignity Act. (Public)

Fitness to Practise Committee Hearing March and 17 May NMC, 61 Aldwych, London, WC2B 4AE. (6 July 2000)

COMMUNITY HOWARD REGIONAL HEALTH KOKOMO, INDIANA. Medical Staff Policy POLICY #4. APPOINTMENT, REAPPOINTMENT AND CREDENTIALING POLICY

NC General Statutes - Chapter 90A Article 2 1

Mandatory Reporting A process

BETWEEN: Complainant COMPLAINANT. AND: College of Registered Nurses of British Columbia COLLEGE. AND: Nurse REGISTRANT

Conduct and Competence Committee Substantive Meeting

Transcription:

IN THE MATTER OF THE COLLEGE OF LICENSED PRACTICAL N URSES OF BRITISH COLUMBIA (The "College") AND IN THE MATTER OF A HEARING PURSUANT TO SECTIONS 33 OF THE HEALTH PROFESSIONS ACT (THE"ACT") INTO THE CONDUCT OF BRIGITTA PELCZ, REGISTRATION NO. 44857 ORDER OF THE DISCIPLINE PANEL (THE "PANEL") PURSUANT TO SECTIONS 39 AND 39.3 OF THE ACT Panel: Madelon Stevens, Chair Samantha Love David Rush Appearances: Tamara Hunter, for the College Brigitta Pelcz, on her own behalf Craig Munroe, for the Panel Hearing Dates: October 31 November 10, 2016, February 8, 2017 Background 1. The Panel conducted a hearing into the Amended Citation issued by the College, dated 28 September 2016 (the "Citation") from October 31 November 10, 2016. 2. With the agreement of the Parties, the Panel heard evidence and submissions on those dates with respect only to whether Ms. Pelcz engaged in the conduct set out in the Citation, and w hether that conduct amounted to breaches as described therein. 3. Also with the agreement of the Parties, the Panel rendered an interim determination and reasons on those questions on December 12, 2016 (the December 12 Determination), with the u nderstanding that the Panel, should it find that any of the alleged breaches occurred, would re-convene the matter to complete its deliberations and hear further from the parties with respect to any orders that the Panel should make pursuant to Section 39 of the Act. 4. As set out in the December 12 Determination, the Panel concluded that the College has established that some, but not all, of the allegations in the Citation have been proven. 5. Accordingly, the Panel re-convened the matter for hearing on February 8, 2017. The Parties had agreed in advance that neither would be leading any further evidence. Rather, both parties advised that they would be making their submissions with respect to the appropriate orders based on the record from the October 31 November 10, 2016 hearing days.

Established Breaches 6. We will not repeat the reasons and conclusions set out in the December 12 Determination, other than to confirm that the Panel is relying on those conclusions and reasons for the purpose of making the Orders set out herein. 7. We will, however, list very briefly the breaches that have been found by the Panel to have occurred (the "Breaches"): Discussion i. The "Staples" Incident Breach of CLPNBC Professional Standards of Practice 1.1.6, 1.1.9, 2.1.1, 2.2.1, 3.2.1, CLPNBC 2010 Practice Guideline: Documentation, i i. The Intramuscular Injection Incident Breach of CLPNBC 2010 Practice Guideline: Medication Administration iii. The Catheter Incidents Breach of CLPNBC 2010 Professional Standards of Practice 1.1.2, 1.1.6, 1.1_9, 2.3.1, 2.3.2, 3.2.2 and 3.3.1 iv. Charting Issues Breach of CLPNBC 2010 Practice Guideline: Documentation v. Administration of Sleeping Medication Incident Breach of CLPNBC 2010 Practice G uideline: Documentation vi. The Emesis Incident Breach of CLPNBC Professional Standards of Practice 2.1.1, 2.1.2, 2.2.1, 2.2.2, 2.3.1 and 2.3.3 vii. Telephone Call Regarding Resident Breach of CLPNBC 2010 Practice Guideline: Documentation viii. The Administration of Cipro Incident Breach of CLPNBC 2014 Professional Standards for LPNs: Standard 1, Standard 3, Standard 4, CLPNBC 2014 Practice Standard: Documentation, and CLPNBC 2014 Practice Standard: Medication Administration 8. The Panel has considered all of the evidence and the submissions made by the Parties. We do not intend to set out all of these submissions, however any failure to specifically refer to evidence or arguments tendered by the parties does not mean that they have not been considered. 9. The College submitted that the Panel has determined that Ms. Pelcz engaged in eight separate breaches of established standards for Licensed Practical Nurses, and that these eight incidents not only were failures to comply with standards pursuant to Section 39(1)(c), which gave rise directly to a need for the College to protect the public, but also taken together demonstrated that Ms. Pelcz has committed professional misconduct pursuant to Section 39(1)(c) and/or incompetently practiced nursing pursuant to Section 39(1)(d), making the need for protection of the public even more necessary. 10. The College also submitted that many of Ms. Pelcz's breaches also showed that Ms. Pelcz did not demonstrate basic skills that would be expected of a nursing graduate. 11. The College then sought certain orders pursuant to Section 39(2) on the basis of the above, as well as an order for costs pursuant to Section 39(5).

12. Ms. Pelcz submitted that she is competent to practice nursing and that the suspension should i mmediately be lifted. 13. Ms. Pelcz also submitted that the entire process leading up to the issuance of the Citation was u nfair to her, and she spent some time explaining that history and the impact it has had on her financial, emotional and physical health. 14. Ms. Pelcz submitted that, while she may have made some errors, these are not unusual for a novice nurse in her circumstances. Ms. Pelcz also appeared to continue to deny or minimize some of the facts found by the Panel in the December 12 Determination. 15. Finally, Ms. Pelcz repeatedly submitted that her suspension should be overturned and that she should be able to return to practice without penalty. However, Ms. Pelcz also appeared to submit that, while she would be prepared to undertake a competency assessment, she might have difficulty successfully passing the assessment due to the passage of time not being engaged in practice, along with the changing standards of practice. 16. Specifically, Ms. Pelcz submitted, as follows: And okay, the competency assessment test, okay, let's do it again. We need to take into account that it's been three years almost. I have no problem doing it, but 1 would like that to be taken into account please, that I was not able to practice for for that amount of time. It is a large huge amount of time. The standards of practice have changed since then. And it's I have no problem doing it, but it's it's something that it should not have taken this long, period. 17. If Ms. Pelcz is not confident that she can pass a competency assessment at this time, then the Panel finds it difficult to understand how it would be appropriate to return her to practice without limitation. 18. Ms. Pelcz referred somewhat obliquely at times to discipline cases involving other nurses to suggest that she was being singled out for overly harsh treatment, and at one point suggested that the Panel review "over 25 cases" on the College's website. However, Ms. Pelcz has not referred the Panel to any specific cases to establish that she has been treated differently and, accordingly, the Panel was not in a position to consider whether this was the case. 19. We agree with the College that the eight failures by Ms. Pelcz to comply with standards established by the College have given rise to a need to protect the public, and that certain orders are necessary pursuant to Section 39(2) in order to ensure that protection. 20. We do not agree that these incidents, taken together, amount to professional misconduct or the incompetent practice of nursing as set out in Section 39. 21. We also did not have any evidence about the standards of LPN training institutions upon which we could conclude that Ms. Pelcz's conduct failed to meet the basic expectations of any graduate LPN. 22. While College counsel suggested that the two LPN's on the Panel could rely on their own experiences in that regard, we were not convinced that this would be appropriate and, in any event, the two LPN Panel members could only rely on their experience at their own specific institutions which, in one case, was some time ago. (GLGPA-60130078;21

23. Accordingly, we do not make any findings with respect to whether Ms. Pelcz failed to meet basic expectations of a graduate LPN. 24. We have also not relied upon the history of Ms. Pelcz's interactions with the College prior to the issuance of the Citation, other than the fact that Ms. Pelcz has been suspended for a significant period of time, with consequences both to her registration status and her financial circumstances. 25. We have no doubt that Ms. Pelcz is sincere in her belief that she has been treated unfairly by the College, however we have concluded that most of the issues of fairness that she raised were not material to the questions before this Panel and many have been dealt with in another forum. 26. We have considered Ms. Pelcz's assertions that she is a competent nurse, that the suspension should be immediately lifted, and that all that might be necessary is some specific remedial work. 27. However, we are convinced that more is necessary in the circumstances and we agree with the College that the Breaches do require certain measures be ordered in order to properly protect the public. 28. This is not a case of a single error that can be addressed through remedial course work. Rather, we are convinced that the number of errors, along with their breadth of subject matter, require a more significant assessment and review of Ms. Pelcz's capabilities before we can be confident that she can safely return to practice. 29. Upon careful consideration of the Breaches, we do not consider it necessary to cancel Ms. Pelcz's registration or permanently prohibit Ms. Pelcz from returning to practice. 30. However, this same consideration does cause us to conclude that there is a risk to the public should Ms. Pelcz be permitted to return to her practice without any meaningful conditions, as Ms. Pelcz suggests. 31. It is our view that most of the orders sought by the College are proportionate to the breaches that have been found, respect the obligation of the College to serve and protect the public, yet a lso allow an opportunity for Ms. Pelcz to resume practice if it is determined that she is competent to do so. 32. Ms. Pelcz provided evidence and submissions to the Panel with respect to her passion for n ursing and her commitment to the patients in her care. It is our hope that Ms. Pelcz recognizes these events as an opportunity to re-commit herself to renewing and demonstrating her competencies so that she can return to practice. 33. In breaching the Professional Standards of Practice as set out above and in the December 12 Determination, Ms. Pelcz has, in the various ways described, not complied with a standard, limit or condition imposed under the Act, as identified in Section 39(1)(b) of the Act. 34. The Panel does not find that any of the other provisions of Section 39(1) apply. 35. For the foregoing reasons, we make the following determinations and orders.

Determinations and Orders Suspension & Assessment 36. Given the Panel's determination under Section 39(1), the Panel makes the following Orders under Section 39(2): Costs a. Pursuant to Section 39(1) of the Act, the Panel declares and determines that Ms. Pelcz has not complied with the identified standards imposed under the Act; b. Ms. Pelcz' registration is suspended pursuant to Section 39(2)(c) of the Act (the "Suspension"); c. The Suspension shall remain in place pursuant to Section 39(8) until Ms. Pelcz undertakes a Licensed Practical Nurse competency assessment with an independent College-approved assessor, incorporating the following elements: i. The content of the competency assessment will cover the College's Standards of Practice and the Entry to Practice Competencies for Licensed Practical Nurses; ii. The assessor will prepare a report of Ms. Pelcz's nursing skills, knowledge, judgment and attitude as well as her nursing strengths, weaknesses and any gaps as they relate to the assessment and submit this report to the College and to Ms. Pelcz; iii. The cost of the assessor will be borne equally by the College and Ms. Pelcz; iv. The College may provide information to the assessor that the assessor advises is necessary for the purpose of the assessment; and, v. The assessor will provide an opinion to the College and to Ms. Pelcz with respect to whether Ms. Pelcz meets the Standards of Practice and Entry to Practice Competencies for a Licensed Practical Nurse, as well as any recommendations that the assessor may have with respect to meeting these requirements. d. Upon completion of the assessment, as well as successfully completing any remediation recommendations made by the assessor, Ms. Pelcz may apply to the College's Registration Committee for reinstatement of her registration. If the. Registration Committee determines that Ms. Pelcz should be granted reinstatement, then the Suspension shall expire on the date of that determination. 37. The College has sought costs pursuant to Sections 39(5) and (7) of the Act in the amount of 40% of legal fees and 75% of disbursements. Other than these figures, we were not provided with the actual fees and disbursements and so were unable to determine with any degree of certainty the magnitude of this request. 38. We recognize the appropriateness of a costs award in certain circumstances, including these, but are of the view that costs in the amount sought by the College, even without an accurate understanding of actual figures, are excessive, taking into account all of the circumstances of these matters. 39. We view costs in the amount of $3000, inclusive of legal fees and disbursements, payable by Ms.

Pelcz to the College to be appropriate. However, a unique factor in this case is the prior offer of the College to pay Ms. Pelcz's competency assessment costs in the amount of $3000 relating to certain events that occurred between the parties prior to the Citation being issued. 40. Accordingly, we consider it appropriate, and so order, that the costs award of $3000 be set off by the $3000 that the College had previously offered, with a resulting net costs award of zero. Public Notification 41. Pursuant to Section 39.3(1) of the Act, and not being advised of any exceptions pursuant to Section 39.3(3) or (4), we direct the College's registrar to notify the public pursuant to Section 39.3(7) of the information set out in Section 39.3(2). Right of Appeal 42. Ms. Pelcz has the right to appeal this order to the Supreme Court. For greater clarity, this right of appeal applies to the entire decision of the Panel with respect to the Citation, including both the orders and reasons set out herein and the December 12 Determination. 01 Aa/LCA 20 /' M adelon Stevens, Chair Date (on behalf of the Panel) {GLGM-00130078;21