DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO PANEL: Margaret Tuomi Chairperson Zahir Hirji, RN Member Angela Verrier, RPN Member Lindsay Hyslop, NP Public Member Gino Cucchi Public Member BETWEEN: COLLEGE OF NURSES OF ONTARIO ) BONNI ELLIS for ) College of Nurses of Ontario - and - ) ) SHERRI MACKENZIE ) NO REPRESENTATION for Registration No. 9405499 ) Sherri MacKenzie ) ) ) ) Heard: June 23, 2011 DECISION AND REASONS This matter came on for hearing before a panel of the Discipline Committee on June 23, 2011 at the College of Nurses of Ontario ( the College ) at Toronto. Potential Conflict of Interest Mr. Hyslop identified that he was employed as a Registered Nurse working in a staff relief capacity at the facility in question during the time the allegations occurred. Neither College Counsel nor the Member had [an] objection to Mr. Hyslop remaining on the panel. The Allegations Counsel for the College advised the panel that the College was requesting leave to withdraw the allegations set out in paragraphs 2 (d)(e)(f) of the Amended Notice of Hearing dated June 22, 2011. The panel granted this request. The remaining allegations against Sherri Mackenzie (the Member ) as stated in the Amended Notice of Hearing dated June 22, 2011 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 paragraph 1.1 of Ontario Regulation 799/93, in that you contravened a standard of practice of the profession or failed to meet the standard of practice of the profession when you did the following in relation to [the Client]:
(a) obtained his [ ] credit card ending in the four digits [####]; (b) obtained his [ ] credit card ending in the four digits [####]; (c) obtained his bank access card ending in the four digits [####]; (d) (e) (f) used and/or attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances [ ]; used and/or attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances [ ]; and/or; used and/or attempted to use his bank access card [ ] between approximately July 2008 and January 2009 to make cash withdrawals,[ ]. 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 paragraph 1.8 of Ontario Regulation 799/93, in that you misappropriated property from [the Client] and, in particular, you: (a) misappropriated his [ ] credit card ending in the four digits [####]; (b) misappropriated his [ ] credit card ending in the four digits [####]; (c) misappropriated his bank access card ending in the four digits [####]; (d) (e) (f) [Withdrawn] [Withdrawn] [Withdrawn] 3. 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 paragraph 1.7 of Ontario Regulation 799/93, in that, between approximately July 2008 and January 2009, you abused [the Client] and, in particular, you: (a) obtained his [ ] credit card ending in the four digits [####]; (b) obtained his [ ] credit card ending in the four digits [####]; (c) obtained his bank access card ending in the four digits [####]; (d) (e) (f) used and/or attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; used and/or attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; and/or; used and/or attempted to use his bank access card [ ] between approximately July 2008 and January 2009, to make cash withdrawals, [ ].
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 paragraph 1.37 of Ontario Regulation 799/93, in that, between approximately July 2008 and January 2009, you engaged in conduct, relevant to the practice of nursing that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional and, in particular, you: (a) obtained [the Client s] credit card ending in the four digits [####]; (b) obtained his [ ] credit card ending in the four digits [####]; (c) obtained his bank access card ending in the four digits [####]; (d) (e) (f) used and/or attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; used and/or attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; and/or; used and/or attempted to use his bank access card [ ] between approximately July 2008 and January 2009, to make cash withdrawals, [ ]. 5. You have committed an act or acts of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, in that you were found guilty of an offence relevant to your suitability to practise and, in particular, on or about April 19, 2010, you were found guilty of defrauding [a financial institution] of money of a value exceeding $5,000 contrary to s. 380(1)(a) of the Criminal Code of Canada. 6. 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 paragraph 1.37 of Ontario Regulation 799/93, in that you engaged in conduct, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional and, in particular, on or about April 19, 2010, you were found guilty of defrauding [a financial institution] of money of a value exceeding $5,000 contrary to s. 380(1)(a) of the Criminal Code of Canada. Member s Plea Sherri Mackenzie admitted the allegations set out in paragraphs numbered 1 (a)(b)(c)(d)(e)(f), 2 (a)(b)(c), 3 (a)(b)(c)(d)(e)(f), 4(a)(b)(c)(d)(e)(f), 5, and 6 in the Amended Notice of Hearing. The panel 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. Sherri MacKenzie (the Member ) is a Registered Nurse ( RN ). The Member received her diploma [ ] and has been registered with the College of Nurses of Ontario (the College ) since January 4, 1994. She is up-to-date with her annual fees. THE FACILITY 2. The Member began working in the Hemodialysis Unit at [the Facility] on or about February 15, 2000. 3. On May 6, 2009, the Member disclosed to the Facility that she had been criminally charged with fraud exceeding $5,000.00. The fraud, which resulted in losses to [a financial institution], was perpet[r]ated using the [credit] card belonging to a Client who had been frequenting the Hemodialysis Unit for several years and had been cared for by the Member on numerous occasions. The Facility placed the Member on a nondisciplinary suspension without pay on May 14, 2009 pending a police investigation. THE CLIENT 4. [The Client] had been receiving dialysis treatment at the Facility approximately four times per week since 2003. 5. The Member provided direct nursing care to the Client on numerous occasions throughout the years, for example, the Member provided care to the Client on at least 20 occasions in 2007 and on at least one occasion in 2008. 6. On July 14, 2008, the Client died [ ]. INCIDENTS RELEVANT TO ALLEGATIONS OF PROFESSIONA MISCONDUCT 7. The police initiated an investigation after learning that transactions continued to be posted to the Client s [credit] card after his death. 8. The police investigation revealed that the Member was in possession of the Client s [credit] card, which had been used with respect to 135 transactions after his death. They also learned that there had been multiple attempts to withdraw funds from the Client s bank account using his access card at various automated teller machines (ATMs) and to make purchases and cash advances on a second credit card. The attempted ATM withdrawals were unsuccessful because the individual did not have the correct Personal Identification Number (PIN) required to access the account whereas the attempted credit card purchases from the second card were declined because of the card s relatively
modest credit limit and because the PIN number used for the attempted cash advances was not correct. 9. Ultimately, the police laid one charge of fraud against the Member encompassing all of the fraudulent [credit card] transactions. The two largest transactions related to payments made in the amount of $6,000.00 on August 19, 2008 and $903.75 on September 4, 2008 for a [cosmetic] procedure [ ]. The clinic confirmed that the Member was the [individual] who underwent the procedure and made the payments by telephone using the Client s [credit card]. 10. A subsequent series of transactions related to the purchase of services and hair products at a beauty salon [ ] in the amount of $346.18 occurred on September 10, 2008 and $393.35 on November 14, 2008. The client profile at the beauty salon identified the Member as having purchased the services and products using the Client s [credit] card. 11. Another transaction related to the payment of a veterinary bill [ ] in the amount of $407.40 occurred on October 30, 2008. The animal hospital identified the Member as having ordered and paid for health care services for her dog using the Client s [credit] card. 12. A further transaction related to the purchase of a ladies blazer from a leather retail store [ ] in the amount of $337.87 took place on November 14, 2008. The receipt retained by the leather retail store identified the Member as the customer who purchased the ladies blazer using the Client s [credit] card. 13. The Client s [credit] card was also used to pay the Member s annual membership fee to the College on November 4, 2008. 14. The total of the 135 transactions was in excess of $47,000. Several of these transactions, however, were ultimately not approved and not all of the approved transactions, which totaled $27,286.21, were posted by the associated merchants. In the end, the total financial loss suffered by [the financial institution] as a result of the Member s fraudulent use of the Client s [credit] card amounted to $14,801.40. 15. The Member pled guilty to the charge of fraud exceeding $5,000.00 on April 19, 2010. 16. If the Member were to testify, she would say: (a) that she and the Client shared a friendship; (b) the Client gave his [credit] card to her for safe-keeping for several weeks at a time; and, (c) the Client gave her permission to use his [credit] card and she had used his card in the past.
17. During the criminal proceedings, the Member was unable to explain why the Client s [credit] card records did not demonstrate a period during which time the Client was not in possession of his [ ] card as suggested by the Member. The Member was also unable to explain why the spending patterns relative to the [card] prior to the Client s death were completely inconsistent with the spending patterns on the [card] after his death. ADMISSIONS OF PROFESSIONAL MISCONDUCT 18. The Member admits that she committed acts of professional misconduct as alleged in allegation 1 of the Notice of Hearing, in that she contravened a standard of practice of the profession and failed to meet the standards of practice of the profession when she did the following in relation to [the Client]: (a) obtained his [ ] credit card ending in the four digits [####]; (b) obtained his [ ] credit card ending in the four digits [####]; (c) obtained his bank access card ending in the four digits [####]; (d) (e) used and attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; and/or; (f) attempted to use his bank access card [ ] between approximately July 2008 and January 2009 to make cash withdrawals, [ ]. 19. The Member admits that she committed acts of professional misconduct as alleged in allegation 2 of the Notice of Hearing, in that she misappropriated property from [the Client] and, in particular, she: (a) misappropriated his [ ] credit card ending in the four digits [####]; (b) misappropriated his [ ] credit card ending in the four digits [####]; (c) misappropriated his bank access card ending in the four digits [####]. 20. The Member admits that she committed acts of professional misconduct as alleged in allegation 3 of the Notice of Hearing, in that, between approximately July 2008 and January 2009, she abused [the Client] and, in particular, she: (a) obtained his [ ] credit card ending in the four digits [####];
(b) obtained his [ ] credit card ending in the four digits [####]; (c) obtained his bank access card ending in the four digits [####]; (d) (e) used and attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; and/or, (f) attempted to use his bank access card [ ] between approximately July 2008 and January 2009, to make cash withdrawals, [ ]. 21. The Member admits that she committed acts of professional misconduct as alleged in allegation 4 of the Notice of Hearing, in that, between approximately July 2008 and January 2009 she engaged in conduct, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional and, in particular, she: (a) obtained [the Client s] credit card ending in the four digits [####]; (b) obtained his [ ] credit card ending in the four digits [####]; (c) obtained his bank access card ending in the four digits [####]; (d) used and attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; (e) attempted to use his [ ] credit card [ ] between approximately July 2008 and January 2009, to make purchases and/or cash advances, [ ]; and/or, (f) attempted to use his bank access card [ ] between approximately July 2008 and January 2009, to make cash withdrawals, [ ]. 22. The Member admits that she committed acts of professional misconduct as alleged in allegation 5 of the Notice of Hearing, in that she was found guilty of an offence relevant to her suitability to practise and, in particular, on or about April 19, 2010, she was found guilty of defrauding [a financial institution] of money of a value exceeding $5,000 contrary to s. 380(1)(a) of the Criminal Code of Canada. 23. The Member admits that she committed acts of professional misconduct as alleged in allegation 6 of the Notice of Hearing, in that she engaged in conduct, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable and unprofessional and, in particular, on or about April 19, 2010 she was found guilty of defrauding [a financial
institution] of money of a value exceeding $5,000 contrary to s. 380(1)(a) of the Criminal Code of Canada. [Removed: Lists of transactions and attempted transactions relating to the credit cards and bank access card] Decision 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 acts of professional misconduct as alleged in paragraphs 1 (a)(b)(c)(d)(e)(f), 2 (a)(b)(c), 3 (a)(b)(c)(d)(e)(f), 4 (a)(b)(c)(d)(e)(f), 5, and 6 of the Amended Notice of Hearing. Reasons for Decision The Agreed Statement of Facts was clear evidence to support findings of professional misconduct in that the Member misappropriated funds from a client, contravened standards of practice of the profession, abused a client, and was found guilty of an offen[c]e relevant to her suitability to practi[s]e. The panel also finds the Member engaged in conduct relevant to the practice of nursing that, having regard to all the circumstances, would reasonably be regarded by members of the profession to be disgraceful, dishonourable, and unprofessional. Penalty Counsel for the College advised the panel that a Joint Submission as to Order had been agreed upon. The Joint Submission as to Order requests that this panel make an order as follows: 1. Requiring the Member to appear before the Panel to be reprimanded on 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 five (5) months. This suspension shall take effect from the date of this Order and shall continue to run without interruption so long as the Member remits her annual membership fees on time. In the event that the Member fails to pay her annual fees and her certificate of registration becomes suspended for non-payment of fees, any portion of this suspension which has not yet been served shall be served commencing on the day that the Member obtains a new certificate of registration. 3. Directing the Executive Director to impose the following terms, conditions and limitations on the Member s certificate of registration:
(a) The Member shall, at her own expense, attend a remedial program (the Remedial Program ) with a Regulatory Expert ( Expert ), that has expertise with the College standards (the Expert ) as approved by the Director of Professional Conduct (the Director ). The number of sessions shall be determined by the Expert but, in any event, should include a minimum of three (3) sessions. The first session shall be completed within two (2) months of the date of the Order. The second and third sessions shall be completed within six (6) months of the date of the Order. If the Expert determines that a greater number of sessions are required for the successful completion of the Remedial Program, the Expert will advise the Member and write to the Director regarding the total number of sessions that are required and the length of time required to complete the additional sessions, but in any event all sessions shall be completed within twentyfour (24) months of the date of the Order. (b) Prior to the commencement of the meetings with the Expert referred to in subparagraph 3(a) above, the Member shall: (i) Provide the Expert with a copy of the Panel s written Decision and Reasons related to the Member s prior findings of professional misconduct, the Discipline Panel s Order, Notice of Hearing, Agreed Statement of Facts, Joint Submission on Order with any attachments, and, if available, a copy of the Panel s Decision and Reasons. 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 a copy of the Panel s Decision and Reasons within fourteen (14) days of it becoming available. (ii) Deliver to the Director a letter signed by the Expert confirming that the Expert has received and reviewed the documents referred to in subparagraph 3(c)(i) above and confirming the Expert s agreement to provide the Director with the report referred to in sub-paragraph 3(h) below. (iii)review the following College publications: Professional Standards (Revised 2002); Therapeutic Nurse-Client Relationship (Revised 2006); Ethics; Conflict Prevention and Management Practice Guideline. The Member shall complete a Reflective Questionnaire for each publication and bring the completed Reflective Questionnaires to her sessions with the Expert. (iv) Complete the College s Online Learning Modules relating to Therapeutic Nurse-Client Relationship, Professional Standards and Ethics and complete the Online Participation Form relevant to each Module. The Member shall print and bring a copy of the completed Online Participation Forms to her sessions with the Expert.
(v) Review and complete the College s self-directed learning package, One is One Too Many, at her own expense, including the self-directed Nurses Workbook, and bring the completed Nurses Workbook to her meeting with the Expert. (c) The materials referred to in 3(c)(iii) to (v) above, should be delivered to the Expert at least seven (7) days prior to her first session with the Expert. If the materials referred to in 3(c)(iii) to (v) above are not received by the Expert, the Expert can cancel the first session as scheduled. (d) The subject of the sessions with the Expert shall include the following: (i) The conduct for which the Member was found to have committed professional misconduct; (ii) An in-depth review of the materials referred to in sub-paragraphs 3(c)(iii) to (v) above; (iii) The Member s understanding of the materials referred to in sub-paragraphs 3(c)(iii) to (v) above; (iv) The potential consequences of that conduct to her clients, colleagues, profession and herself; (v) Her responsibilities as a member of a self-regulated profession; (vi) Strategies for preventing the unprofessional conduct from occurring again; and, (vii) The development of a learning plan. (e) During the first session with the Expert, the Member shall develop a learning plan in consultation with the Expert to address the subject of the meetings as set out in subparagraphs 3(e)(i) to (vii) above. (f) During the second and third sessions with the Expert, the Member and the Expert shall further discuss the subject of the meetings as set out in sub-paragraphs 3(e)(i) to (vii) above and the implementation of the learning plan. (g) Upon completion of all sessions with the Expert referred to in sub-paragraph 3(a) above, the Member shall request and make best efforts to ensure that the Expert forward a report
to the Director within forty-five (45) days of the completion of the meetings. The report from the Expert shall outline the dates of the Member s meetings with the Expert together with the Expert s assessment of the Member s insight into her behaviour. (h) For a period of eighteen (18) 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; (ii) Provide her employer(s) with a copy of the Panel s Order, Notice of Hearing, Agreed Statement of Facts, Joint Submission on Order, or, if available, the Panel s written Decision and Reasons, together with any attachments. If the Decision and Reasons are not available on the day the Member returns to nursing practice, the Member shall provide her employer(s) with a copy of the Decision and Reasons within fourteen (14) days of it becoming available; (iii)only practise for an employer who agrees to, and does, write to the Director, within fourteen (14) days of the commencement or resumption of the Member s employment in any nursing position, to provide the Director with the following: (a) Confirmation that the employer has received a copy of the documents referred to in sub-paragraph 3(i)(ii) above; (b) Confirmation that the Member is not employed in a capacity wherein she has or may have control over the finances of her employer and/or control over the finances of any clients; and, (c) 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. 4. For a period of eighteen (18) months following the date upon which the Member returns to the practice of nursing, the Member shall not engage in independent practise through an agency or practise independently in the community or otherwise and shall only practise nursing for an employer where other registered nurses are employed.
5. All deliveries and notifications to be given by or on behalf of the Member to the College, the Expert and the employer(s) pursuant to these terms are to be made by verifiable method of delivery, the proof of which the Member shall retain. Penalty Submissions College Counsel submitted to the panel that the Member s actions engaged five of the definitions of professional misconduct: Failure to meet the standards of the profession; Misappropriation of funds; Abuse of a client (financial abuse); Findings of guilt relevant to the Member s suitability to practi[s]e; and Disgraceful, dishonourable, and unprofessional Conduct College Counsel submitted that the Joint Submission on Order was appropriate and included an oral reprimand; a five-month suspension; terms, conditions, and limitations; a remedial program; and an 18-month period of employer monitoring and notification. Counsel also submitted that the penalty is in the public interest, in the range of other orders, and addresses the main purposes of remediation, specific deterrence, general deterrence, and public protection. Penalty Decision The panel accepts the Joint Submission as to Order and accordingly orders as follows. 1. The Member shall appear before the Panel to be reprimanded on a date to be arranged but, in any event, within three (3) months of the date of the Order. 2. The Executive Director is directed to suspend the Member s certificate of registration for a period of five (5) months. This suspension shall take effect from the date of this Order and shall continue to run without interruption so long as the Member remits her annual membership fees on time. In the event that the Member fails to pay her annual fees and her certificate of registration becomes suspended for non-payment of fees, any portion of this suspension which has not yet been served shall be served commencing on the day that the Member obtains a new certificate of registration. 3. The Executive Director is directed to impose the following terms, conditions and limitations on the Member s certificate of registration: (a) The Member shall, at her own expense, attend a remedial program (the Remedial Program ) with a Regulatory Expert ( Expert ) that has expertise with the College standards (the Expert ) as approved by the Director of Professional Conduct (the Director ). The number of sessions shall be determined by the Expert but in any event, should include a minimum of three (3) sessions. The first session shall be completed
within two (2) months of the date of the Order. The second and third sessions shall be completed within six (6) months of the date of the Order. If the Expert determines that a greater number of sessions are required for the successful completion of the Remedial Program, the Expert will advise the Member and write to the Director regarding the total number of sessions that are required and the length of time required to complete the additional sessions, but in any event all sessions shall be completed within twenty-four (24) months of the date of the Order. (b) Prior to the commencement of the meetings with the Expert referred to in sub- paragraph 3(a) above, the Member shall: (i) Provide the Expert with a copy of the Panel s written Decision and Reasons related to the Member s prior findings of professional misconduct, the Discipline Panel s Order, Notice of Hearing, Agreed Statement of Facts, Joint Submission on Order with any attachments, and, if available, a copy of the Panel s Decision and Reasons. 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 a copy of the Panel s Decision and Reasons within fourteen (14) days of it becoming available. (ii) Deliver to the Director a letter signed by the Expert confirming that the Expert has received and reviewed the documents referred to in sub-paragraph 3(c)(i) above and confirming the Expert s agreement to provide the Director with the report referred to in sub-paragraph 3(h) below. (iii) Review the following College publications: Professional Standards (Revised 2002); Therapeutic Nurse-Client Relationship (Revised 2006); Ethics; Conflict Prevention and Management Practice Guideline. The Member shall complete a Reflective Questionnaire for each publication and bring the completed Reflective Questionnaires to her sessions with the Expert. (iv) Complete the College s Online Learning Modules relating to Therapeutic Nurse- Client Relationship, Professional Standards and Ethics and complete the Online Participation Form relevant to each Module. The Member shall print and bring a copy of the completed Online Participation Forms to her sessions with the Expert. (v) Review and complete the College s self-directed learning package, One is One Too Many, at her own expense, including the self-directed Nurses Workbook, and bring the completed Nurses Workbook to her meeting with the Expert. (c) The materials referred to in 3(c)(iii) to (v) above, should be delivered to the Expert at least seven (7) days prior to her first session with the Expert. If the materials referred to in 3(c)(iii) to (v) above are not received by the Expert, the Expert can cancel the first session as scheduled.
(d) The subject of the sessions with the Expert shall include the following: (i)the conduct for which the Member was found to have committed professional misconduct; (ii)an in-depth review of the materials referred to in sub-paragraphs 3(c)(iii) to (v) above; (iii)the Member s understanding of the materials referred to in sub-paragraphs 3(c)(iii) to (v) above; (iv)the potential consequences of that conduct to her clients, colleagues, profession and herself; (v)her responsibilities as a member of a self-regulated profession; (vi)strategies for preventing the unprofessional conduct from occurring again; and, (vii)the development of a learning plan. (e) During the first session with the Expert, the Member shall develop a learning plan in consultation with the Expert to address the subject of the meetings as set out in subparagraphs 3(e)(i) to (vii) above. (f) During the second and third sessions with the Expert, the Member and the Expert shall further discuss the subject of the meetings as set out in sub-paragraphs 3(e)(i) to (vii) above and the implementation of the learning plan. (g) Upon completion of all sessions with the Expert referred to in sub-paragraph 3(a) above, the Member shall request and make best efforts to ensure that the Expert forward a report to the Director within forty-five (45) days of the completion of the meetings. The report from the Expert shall outline the dates of the Member s meetings with the Expert together with the Expert s assessment of the Member s insight into her behaviour. (h) For a period of eighteen (18) months following the date upon which the Member returns to the practice of nursing, the Member shall: (i) Notify the Director of the name, addresses, and telephone number of all Employer(s) within fourteen (14) days of commencing or resuming employment in any nursing position; (ii) Provide her employer(s) with a copy of the Panel s Order, Notice of Hearing, Agreed Statement of Facts, Joint Submission on Order, or, if available, the Panel s written Decision and Reasons, together with any attachments. If the Decision and Reasons are not available on the day the Member returns to nursing practice, the Member shall provide her employer(s) with a copy of the Decision and Reasons
within fourteen (14) days of it becoming available; (iii) Only practise for an employer who agrees to, and does, write to the Director, within fourteen (14) days of the commencement or resumption of the Member s employment in any nursing position, to provide the Director with the following: (a) Confirmation that the employer has received a copy of the documents referred to in sub-paragraph 3(i)(ii) above; (b) Confirmation that the Member is not employed in a capacity wherein she has or may have control over the finances of her employer and/or control over the finances of any clients; and, (c) 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. 4. For a period of eighteen (18) months following the date upon which the Member returns to the practice of nursing, the Member shall not engage in independent practi[c]e through an agency or practise independently in the community or otherwise and shall only practise nursing for an employer where other registered nurses are employed. 5. All deliveries and notifications to be given by or on behalf of the Member to the College, the Expert and the employer(s) pursuant to these terms are to be made by verifiable method of delivery, the proof of which the Member shall retain. Reasons for Penalty Decision The panel considered the following aggravating and mitigating factors in this case. Aggravating Factors the volume of the transactions; the number of attempted transactions; the amount of money involved, $14, 000; the vulnerability of the client - the client was deceased and unable to protect himself; the nature of the purchases- unnecessary vanity items, and payment of her CNO Annual Fees. Mitigating Factors no disciplinary history with the College; she admitted her conduct, saving the College significant time and resources, as well as eliminating the stress for witnesses of having to testify at a contested hearing; she has already suffered repercussions through the criminal proceedings; she has made full restitution to [the financial institution];
the Member admitted to Counsel that these proceedings have had a profound and significant impact on her; the Member has not been employed in nursing since May 2009. 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. I, Margaret Tuomi, Public Member, 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: Zahir Hirji, RN Angela Verrier, RPN Lindsay Hyslop, NP Gino Cucchi, Public Member