DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO PANEL: Angela Verrier, RPN Nancy Sears, RN Kim Jinkerson, RPN John Bald Abdul Patel Chairperson Member Member Public Member Public Member BETWEEN: COLLEGE OF NURSES OF ONTARIO ) MATTHEW SAMMON for ) College of Nurses of Ontario - and - ) ) ANTHONY MORRIS ) NO REPRESENTATION for Registration No. IB12606 ) Anthony Morris ) ) ) ) ) Heard: November 22, 2010 DECISION AND REASONS This matter came on for hearing before a panel of the Discipline Committee on November 22, 2010 at the College of Nurses of Ontario ( the College ) at Toronto. The Allegations The allegations against Anthony Ian Morris (the Member ) as stated in the Notice of Hearing dated September 1, 2010, are as follows. 1. You have committed an act of professional misconduct, as provided by subsection 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.C. 1991, c.32, as amended, in that you have been found guilty of offences that are relevant to your suitability to practi[s]e, namely: (a) (b) In 1993, Theft and Mischief contrary to ss.334(b) and 430(4) of the Criminal Code of Canada; In 1996, Assault Causing Bodily Harm contrary to s.267 of the Criminal Code of Canada;
(c) (d) (e) In 1997, Assault contrary to s. 266 of the Criminal Code of Canada; In 1998, Theft contrary to s.334(b) of the Criminal Code of Canada; and/or In 2001, Assault (Spousal) and Fail to Comply with Recognizance contrary to ss. 266 and 145(3) of the Criminal Code of Canada. 2. 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 paragraph 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 you: (a) (b) failed to disclose criminal convictions on your 2002 Annual Membership Renewal Form; and/or failed to disclose criminal convictions on your 2003 Annual Membership Renewal Form. 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 paragraph 1(37) of Ontario Regulation 799/93, in [that] you have engaged in conduct or performed acts, 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) (b) failed to disclose criminal convictions on your 2002 Annual Membership Renewal Form; and/or failed to disclose criminal convictions on your 2003 Annual Membership Renewal Form. Member s Plea The Member admitted the allegations set out in paragraphs numbered 1(a), (b), (c), (d) and (e), 2 (a), (b) and 3 (a) and (b) in the 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. The Member, Anthony Ian Morris, registered with the College of Nurses (the College) as a Registered Practical Nurse ( RPN ) on June 26, 1992. His registration has been suspended for non-payment of fees on four occasions since then as follows:
a. From May 20, 1995 to October 10, 1999; b. From April 24, 2003 to June 16, 2003; c. From May 14, 2004 to September 11, 2008; and d. From April 14, 2009 until present. INCIDENTS RELEVANT TO ALLEGATIONS OF PROFESSIONAL MISCONDUCT Findings of Guilt Relevant to Suitability to Practi[s]e 2. The Member submitted a 2008 Annual Membership Renewal form ( AMR ) to the College on August 29, 2008. As the Member was suspended for non-payment of fees, the AMR included a reinstatement form and a copy of a criminal record check conducted by the [Police Service] on April 18, 2008. 3. The criminal record check indicated that since his initial registration as an RPN in 1992, the Member had been found guilty of seven offences under the Criminal Code in relation to five separate incidents. 4. On April 1, 1993, the Member was found guilty of: a. Theft under $1,000 contrary to section 344 of the Criminal Code. The Member was sentenced to pay a $350 fine plus a $52 surcharge, serve a five-day jail sentence and one year probation. b. Committing mischief by wilfully damaging property that was under $1,000 in value (cell wall). The Member was sentenced to pay a $50 fine and serve a fiveday jail sentence consecutively to the five-day jail sentence [for theft]. 5. On August 27, 1996, the Member was found guilty of assault causing bodily harm contrary to section 267 of the Criminal Code. The Member s sentence was suspended and he was ordered to complete one year of probation. 6. On February 24, 1997, the Member was found guilty of assault contrary to section 266 of the Criminal Code. The Member was sentenced to serve a 45-day jail sentence and complete 12 months of probation. An order was made for a five-year prohibition on the possession of firearms, ammunition and explosives. 7. On January 30, 1998, the Member pled guilty to stealing a quantity of merchandise of a value not exceeding $5,000 [ ] contrary to section 224(b) of the Criminal Code. The Member was sentenced to pay a $200 fine. 8. On November 5, 2001, the Member [pled] guilty to:
a. Assault (spousal) contrary to section 266 of the Criminal Code. The Member was sentenced to a 45-day jail sentence (of which four days were deducted for pre-trial custody), 12 months of probation and a five-year prohibition on the possession of firearms, ammunition and explosives. An order was also made requiring the Member to submit to the DNA data bank. b. Failing to comply with a recognizance contrary to section 145(3) of the Criminal Code. Specifically, the Member failed to comply with a condition of his recognizance requiring that he not to be within five metres of the assault victim s home. The Member was sentenced to a one-day jail sentence to be served concurrently with the 45-day jail sentence. Failure to Report Findings of Guilt 9. In 2002, the College added a self-reporting section to the Annual Membership Renewal Form ( AMR ), which required Members to self-report any findings of guilt since their initial registration with the College. 10. The Member failed to disclose the seven findings of guilt that occurred since his registration with the College on his 2002 AMR. 11. The Member also failed to report the seven findings of guilt on his AMR in 2003, despite his continuing obligation to report any findings of guilt that had not already been reported to the College. ADMISSIONS OF PROFESSIONAL MISCONDUCT 12. The Member admits that he committed an act of professional misconduct as set out in allegation 1 of the Notice of Hearing, in that he was found guilty of offences that are relevant to his suitability to practi[s]e, namely: a. In 1993, theft and mischief contrary to ss. 334(b) and 430(4) of the Criminal Code of Canada; b. In 1996, assault causing bodily harm contrary to s. 267 of the Criminal Code of Canada; c. In 1997, assault contrary to s. 266 of the Criminal Code of Canada; d. In 1998, theft contrary to s. 334(b) of the Criminal Code of Canada; and e. In 2001, assault (spousal) and failure to comply with recognizance contrary to ss. 266 and 145(3) of the Criminal Code of Canada. 13. The Member admits that he committed an act of professional misconduct as set out in allegation 2 of the Notice of Hearing, in that he signed or issued, in his professional
capacity, a document that he knew or ought to have known contained a false or misleading statement in that he: a. Failed to disclose criminal convictions on his 2002 Annual Membership Renewal Form; and b. Failed to disclose criminal convictions on his 2003 Annual Membership Renewal Form. 14. The Member admits that he committed an act of professional misconduct as set out in allegation 3 of the Notice of Hearing, in that he engaged in conduct or performed acts, relevant to the practi[c]e of nursing that, having regard to all the circumstances, would reasonabl[y] be regarded by members as disgraceful, dishonourable [and] unprofessional, in that he: Decision a. Failed to disclose criminal convictions on his 2002 Annual Membership Renewal Form; and b. Failed to disclose criminal convictions on his 2003 Annual Membership Renewal Form. 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) and (e), 2 (a) and (b) and 3 (a) and (b) of the Notice of Hearing. The Member was found guilty of offences relevant to the suitability to practi[s]e nursing. Namely, he was found guilty of assault causing bodily harm and theft. He failed to disclose criminal convictions to the College on his annual renewal forms. The Member s conduct was disgraceful, dishonourable and unprofessional. Reasons for Decision The panel found that the Member s criminal convictions were relevant to his suitability to practi[s]e. He had seven convictions related to five different incidents. The Member failed to disclose his convictions to the College despite the close proximity of the convictions to the reporting period. The panel found the Member s conduct to be disgraceful, dishonourable and unprofessional as it compromised the integrity of the nursing profession. His actions go to the heart of the ability of the College to regulate its members and the profession. His conduct is beyond unprofessional and dishonourable and reaches the level of disgraceful. 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 asks this panel to 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 six (6) months. The Member is currently suspended for non-payment of fees. Therefore, the suspension shall take effect from the date upon which the Member obtains an active certificate of registration and shall continue to run without interruption so long as the Member remits his annual membership fees on time. If after obtaining an active certificate of registration, the Member fails to pay his annual fees and his certificate of registration becomes suspended for non-payment of fees during the course of the suspension, any portion of this suspension which has not yet been served shall be served commencing on the date that the Member obtains an active 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 his own expense, attend a remedial program (the Remedial Program ) with a Nursing Expert ( Expert ) that has expertise with self-regulation and College standards (the Expert ), as approved by the Director of Professional Conduct (the Director ). The Member shall attend two (2) sessions with the Expert. The first session shall be completed within three (3) months of the date that the Member obtains an active certificate of registration. The second session shall be completed within five (5) months of the date that the Member obtains an active certificate of registration. (b) Prior to the commencement of the meetings with the Expert referred to in paragraph 3 (a), the Member shall: (i) Provide the Expert with a copy of the Discipline Panel s Order, the Notice of Hearing, 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) Review the following College publications: Professional Standards (Revised 2002); Professional Conduct, Professional Misconduct Reference Document; Registration Annual Membership Renewal Form Fact Sheet; and Mandatory Reporting, A Guide for Employers, Facility Operators and Nurses. The Member shall complete a Reflective Questionnaire for each publication and bring a copy of the completed Reflective Questionnaires to his sessions with the Expert. (iii)complete the College s online learning module[ ] relating to Professional Standards. The Member shall complete the online participation form relevant to the module and bring a copy of the completed online participation form to his sessions with the Expert.
(iv) The materials referred to in paragraphs 3(b)(i) to (iii) should be delivered to the Expert at least seven (7) days prior to his first meeting with the Expert. If the materials referred to in paragraphs 3(b)(i) to (iii) are not received by the Expert, the Expert can cancel the meeting as scheduled, even if that results in the Member breaching the terms, conditions or limitations on his certificate of registration, as set out in paragraph 3(a). (c) 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 paragraphs 3(b)(ii) and (iii); (iii) The Member s understanding of the materials referred to in paragraphs 3(b)(ii) and (iii) and in particular the materials outlining the obligation to self-report to the College and the materials outlining the relevance of criminal convictions to suitability to practi[s]e; (iv) The potential consequences of that conduct to his clients, colleagues, profession and himself; (v) Strategies for preventing the unprofessional conduct from occurring again; and, (vi) The development of a learning plan. (d) 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 paragraphs 3(c)(i) to (vi). (e) During the second session with the Expert, the Member and the Expert shall further discuss the subject of the meetings as set out in paragraphs 3(c)(i) to (vi) and the implementation of the learning plan. (e) (2) Once the Member has completed all of the sessions with the Expert, the Member shall ensure that the Director receives a report from the Expert within forty-five (45) days of the last session: (i) confirming that the Expert received and reviewed the documents referred to in paragraph 3(b)(i) to (iii); (ii) outlining the dates of the Member s participation in the sessions; (iii)outlining the Member s successful completion of the Remedial Program and the fact of his completion of the sessions; and
(iv) outlining the Expert s assessment of the Member s insight into his behaviour. (f) The Member shall not practise independently in the community until the College has received the Expert report referred to in paragraph 3(e)(2). (g) 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; (ii) Provide his 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 his employer(s) with a copy of the Decision and Reasons within fourteen (14) days of it becoming available; and, (iii) Only practi[s]e 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 and provides the following: (a) Confirmation that the employer has received a copy of the documents referred to in paragraph 3(g)(ii); 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. 4. 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 stated that a penalty should include specific deterrence, general deterrence, remediation and protection of the public. He stated that the proposed order was an appropriate and reasonable penalty to provide for the protection of public interest, having regard to [ ] all these objectives. The length of the suspension reflects the seriousness of the conduct and takes into account the Member s cooperation with the disciplinary process as well as the Member s expressed desire to remediate himself. The actions did not arise from his nursing practice and there is no evidence that the Member abused a [client] or threatened to do so. College Counsel indicated that the Member was remorseful, was willing to undertake rehabilitation and remediation, and admitted his misconduct and cooperated with the College
throughout these proceedings. The violent nature of some of the offences is of concern, as is the Member s failure to report. Therefore, a significant suspension is necessary for specific deterrence. There is no prior disciplinary history and there is an historical nature to some offences. Given these factors, this case does not warrant a revocation of registration. College Counsel submitted that the length of suspension strikes an appropriate balance, especially when viewed with the Member s current suspension for non-payment of fees. The monitoring and remedial conditions are sufficient to protect the public should he decide to reengage in the practice of nursing. He argued that in terms of general deterrence, the proposed penalty sends a message to members of the College that failure to disclose criminal convictions and misleading the College will not be tolerated. Further, it sends a message that criminal behaviour is unacceptable. With regard to specific deterrence and public protection, the extensive rehabilitation, remediation and monitoring are appropriate and fair. The Member was given an opportunity to comment on the proposed penalty and chose not to do so. Penalty Decision The panel accepts the Joint Submission as to Order and accordingly orders: 1. 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. The Executive Director to suspend the Member s certificate of registration for a period of six (6) months. The Member is currently suspended for non-payment of fees. Therefore, the suspension shall take effect from the date upon which the Member obtains an active certificate of registration and shall continue to run without interruption so long as the Member remits his annual membership fees on time. If after obtaining an active certificate of registration, the Member fails to pay his annual fees and his certificate of registration becomes suspended for non-payment of fees during the course of the suspension, any portion of this suspension which has not yet been served shall be served commencing on the date that the Member obtains an active certificate of registration. 3. The Executive Director to impose the following terms, conditions and limitations on the Member s certificate of registration: (a) The Member shall, at his own expense, attend a remedial program (the Remedial Program ) with a Nursing Expert ( Expert ) that has expertise with self-regulation and College standards (the Expert ) as approved by the Director of Professional Conduct (the Director ). The Member shall attend two (2) sessions with the Expert. The first session shall be completed within three (3) months of the date that the Member obtains an active certificate of registration. The second session shall be
completed within five (5) months of the date that the Member obtains an active certificate of registration. (b) Prior to the commencement of the meetings with the Expert referred to in paragraph 3 (a), the Member shall: (i) Provide the Expert with a copy of the Discipline Panel s Order, the Notice of Hearing, 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) Review the following College publications: Professional Standards (Revised 2002); Professional Conduct, Professional Misconduct Reference Document; Registration Annual Membership Renewal Form Fact Sheet; and Mandatory Reporting, A Guide for Employers, Facility Operators and Nurses. The Member shall complete a Reflective Questionnaire for each publication and bring a copy of the completed Reflective Questionnaires to his sessions with the Expert. (iii)complete the College s online learning module[ ] relating to Professional Standards. The Member shall complete the online participation form relevant to the module and bring a copy of the completed online participation form to his sessions with the Expert. (iv) The materials referred to in paragraphs 3(b)(i) to (iii) should be delivered to the Expert at least seven (7) days prior to his first meeting with the Expert. If the materials referred to in paragraphs 3(b)(i) to (iii) are not received by the Expert, the Expert can cancel the meeting as scheduled, even if that results in the Member breaching the terms, conditions or limitations on his certificate of registration, as set out in paragraph 3(a). (c) 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. iii. iv. An in-depth review of the materials referred to in paragraphs 3(b)(ii) and (iii); The Member s understanding of the materials referred to in paragraphs 3(b)(ii) and (iii) and in particular the materials outlining the obligation to self-report to the College and the materials outlining the relevance of criminal convictions to suitability to practi[s]e; The potential consequences of that conduct to his clients, colleagues, profession and himself;
v. Strategies for preventing the unprofessional conduct from occurring again; and, vi. The development of a learning plan. (d) 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 paragraphs 3(c)(i) to (vi). (e) During the second session with the Expert, the Member and the Expert shall further discuss the subject of the meetings as set out in paragraphs 3(c)(i) to (vi) and the implementation of the learning plan. (f) Once the Member has completed all of the sessions with the Expert the Member shall ensure that the Director receives a report from the Expert within forty-five (45) days of the last session: i. confirming that the Expert received and reviewed the documents referred to in paragraph 3(b)(i) to (iii); ii. iii. iv. outlining the dates of the Member s participation in the sessions; outlining the Member s successful completion of the Remedial Program and the fact of his completion of the sessions; and outlining the Expert s assessment of the Member s insight into his behaviour. (g) The Member shall not practise independently in the community until the College has received the Expert report referred to in paragraph 3(e)(2). (h) 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; (ii) Provide his 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 his employer(s) with a copy of the Decision and Reasons within fourteen (14) days of it becoming available; and, (iii) Only practi[s]e 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 and provides the following: (a) Confirmation that the employer has received a copy of the documents referred to in paragraph 3(g)(ii); 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. 4. 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 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 his actions. The panel found that the penalty was fair to the Member and sends the right message to the membership and to the public. The penalty allows for specific deterrence in that it provides for an oral reprimand, suspension, rehabilitation and remediation. The penalty also provides for general deterrence in that it sends a clear message to the membership that these actions and behaviours will not be tolerated. With regard to public protection, the panel finds that this penalty order is sufficient in that it provides for both remediation and a 24 month monitoring period following his suspension. I, Angela Verrier, 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: Kim Jinkerson, RPN Nancy Sears, RN John Bald, Public Member Abdul Patel, Public Member