DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

Transcription

1 DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO PANEL: Jim Atwood, RN Chair Denise Dietrich, RPN Member Sheila Pendock, RN Member Bill Dowson Public Member Grace Isgro-Topping Public Member BETWEEN: ) LINDA ROTHSTEIN for COLLEGE OF NURSES OF ONTARIO ) College of Nurses of Ontario ) - and - ) NO REPRESENTATION for ) Sally Louise Cooper ) SALLY LOUISE COOPER ) Registration No ) Heard: September 12, 2006 DECISION AND REASONS This matter came on for hearing before a panel of the Discipline Committee on September 12, 2006 at the College of Nurses of Ontario (the College ) at Toronto. The hearing proceeded by way of teleconference with the Member who was in [another city] and was unable to attend in person. The Allegations The allegations against Sally Cooper (the Member ) as stated in the Notice of Electronic Hearing dated August 24, 2006, 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.O. 1991, c. 32, as amended, in that you have been found guilty of an offence or offences that are relevant to your suitability to practise, and in particular on May 1, 1995, in the Ontario Court of Justice in [ ], you were found guilty of one or more of the following offences: a. that on or about February 24, 1995, at the city of [ ], in the said Region, you did fraudulently personate [Victim A] with intent to gain advantage for yourself, contrary to Section 403(a) of the Criminal Code of Canada.

2 b. that on or about March 15, 1995, at the city of [ ], in the said Region, you did fraudulently personate [Victim B] with intent to gain advantage for yourself, contrary to Section 403(a) of the Criminal Code of Canada. c. that on or about March 15, 1995, at the city of [ ], in the said Region, you did fraudulently personate [Victim A] with intent to gain advantage for yourself, contrary to Section 403(a) of the Criminal Code of Canada. 2. 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.O. 1991, c. 32, as amended, in that you have been found guilty of an offence or offences that are relevant to your suitability to practise, and in particular on November 14, 2002, in the Ontario Court of Justice in [ ], you were found guilty of the following offence: a. that on or about sometime between June 26, 2002 at 19:30 hours and June 27, 2002 at 11:00 hours, in the city of [ ], in the said Region, you did commit an act of theft of less than five thousand dollars, in that you committed theft of petty cash in the amount of $300.00, theft from a resident s file in the amount of $110.00, and theft from a fundraiser file of $250.00, for a total amount of $660.00, contrary to Section 334(b) of the Criminal Code of Canada. 3. 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.O. 1991, c. 32, as amended, in that you have been found guilty of an offence or offences that are relevant to your suitability to practise, and in particular on January 19, 2004, in the Ontario Court of Justice in [ ], you were found guilty of one or more of the following offences: a. that on or about November 22, 2003, in the city of [ ], in the said Region, you did unlawfully by deceit, falsehood, or other fraudulent means, defraud [the department store] of money by means of a false exchange of merchandise in the amount of $63.19 and did thereby commit fraud, contrary to Section 380(1) of the Criminal Code of Canada. b. that on or about November 22, 2003, in the [ ], in the said Region, being a person bound by a probation order entered into before an Ontario Court Justice J.D. Greco on January 29, 2003, at [ ], you did unlawfully and wilfully fail to comply with a condition of that order, in that you failed to keep the peace and be of good behaviour, contrary to Section 733.1(1) of the Criminal Code of Canada, in that on or about November 22, 2003, in the city of [ ], in the said Region, you did unlawfully by deceit, falsehood, or other fraudulent means, defraud [the department store] of money by means of a false exchange of merchandise in the amount of $63.19 and did thereby commit fraud, contrary to Section 380(1) of the Criminal Code of Canada. c. that on or about May 2, 2003, in the city of [ ], in the said Region, you did unlawfully enter a dwelling, in that you entered the apartment situated at [ ] with

3 intent to commit an indictable offence, contrary to Section 349(1) of the Criminal Code of Canada. d. that on or about May 2, 2003, in the city of [ ], in the said Region, being a person bound by a probation order entered into before an Ontario Court Justice J.D. Greco on January 29, 2003, at [ ], you did unlawfully and wilfully fail to comply with a condition of that order, in that you failed to keep the peace and be of good behaviour, contrary to Section 733.1(1) of the Criminal Code of Canada, in that on or about May 2, 2003, in the city of [ ], in the said Region, you did unlawfully enter a dwelling, in that you entered the apartment situated at [ ] with intent to commit an indictable offence, contrary to Section 349(1) of the Criminal Code of Canada. 4. You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(8) of Ontario Regulation 799/33, in that on or about January 7, 2003, you misappropriated property from your workplace, in particular a sum of less than ten dollars from a desk at [the facility]. 5. 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(8) of Ontario Regulation 799/33, in that on or about January 24, 2003, that you misappropriated property from your workplace, in particular a sum of less than ten dollars from the Xerox room, at [the facility]. 6. You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and defined in subsection 1(15), in that on or about April 8, 2002 you signed and issued, in your professional capacity, a document that you knew or ought to have known contained a false or misleading statement, namely, your 2002 Annual Payment Form to the College of Nurses of Ontario. College Counsel informed the panel that the College would be proceeding with allegations # 1 through #5 and that allegation #6 was to be withdrawn. Member s Plea Sally Cooper admitted the allegations set out in paragraphs numbered 1,2,3,4, and 5 in the Notice of Electronic 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:

4 THE MEMBER 1. Sally Cooper ( the Member ) has been a Registered Nurse with the College of Nurses of Ontario ( the College ) since 1983, following her graduation from the RN diploma programme at [a community] College in [ ] in In 1987, the Member obtained her BSCN from [a university]. 2. In January 2003, the Member was a probationary part-time employee working as a Care Coordinator at [the facility]. 3. The Manager of Case Coordination at [the facility] noticed that small amounts of money had been disappearing over a period of time. As a result, [the Manager of Case Coordination] planted $10.00 in a desk in the Xerox room at the facility. 4. When some of the money went missing, the police were called in and spoke to the Member. The Member admitted taking the money to pay for her lunch. 5. By letter dated January 22, 2003, the Member submitted her resignation. That evening, however, she left a telephone message withdrawing the letter of resignation. 6. In a meeting on January 24, 2003, between the Member, [the Manager of Case Coordination] and [the Manager of Human Resources], the Member admitted taking approximately $9.00 from desks and approximately $5.00 from the Xerox room. She stated that she was only borrowing the money. 7. Subsequently, the Member rendered her resignation and it was accepted by [the facility]. CRIMINAL CONVICTIONS 8. On May 1, 1995, in the Ontario Court of Justice in [ ], the Member pled guilty and was convicted of three counts of personating with intent, contrary to s. 403(a) of the Criminal Code of Canada. In each case, the Member pretended to be a physician s secretary while phoning in pharmacy prescriptions to be dispensed to members of her own family, for her personal use. The Member was sentenced to probation and community service. 9. On November 14, 2002, in the Ontario Court of Justice in [ ], the Member pled guilty and was convicted of theft under $5,000, contrary to s. 334(b) of the Criminal Code of Canada. The Member had stolen a total of $660 from her place of employment, [a retirement home]. She stole $300 of petty cash from a filing cabinet, $110 from a

5 resident s file, and $250 from a fundraiser file. The court sentenced the Member to make restitution and was put on probation with community service. The Member has since made restitution. 10. On January 19, 2004, in the Ontario Court of Justice in [ ], the Member pled guilty and was convicted of three separate related counts. First, she was found guilty of: unlawfully entering a dwelling place, contrary to s. 349(1) of the Criminal Code of Canada. The Member admitted to entering her landlady s apartment and removing money from her strongbox. She was also found guilty of fraud and breach of probation (2 counts), contrary to ss. 380(1) and 733.1(2) of the Criminal Code of Canada, respectively. With respect the fraud count, the Member admitted that when she was at [the department store] store in [ ], she selected several items of clothing from the store, hid them in her bags, and them took them to the Customer Service counter where she exchanged them for a gift card. Police were called and she was arrested for the offence. Both of these offences were committed while she was on probation for the conviction of theft on November 14, ADMISSIONS 11. The Member admits that she is guilty of professional misconduct as set out in Allegations 1, 2 and 3 of the Notice of Hearing. 12. The Member admits that she is guilty of professional misconduct in that she misappropriated property as set out in allegations 4 and 5 of the Notice of Hearing. PRIOR DISCIPLINE 13. In April 1991, the Discipline Committee suspended the Member s certificate of competence for four months, the whole of the suspension to be remitted on condition that the Member fulfill certain conditions. The suspension was a result of findings of professional misconduct in relation to a conviction of fraud and uttering a forged document in May 1990, as well as in relation to obtaining or attempting to obtain Halcion by filling in blank signed prescription forms under fictitious patient names. Decision The panel considered the Agreed Statement of Facts and finds that the facts support a finding of professional misconduct.

6 In particular, the panel finds that the Member committed an act of professional misconduct as alleged in paragraphs #1, #2 and #3 of the Notice of Electronic Hearing in that the Member was found guilty of an offence relevant to her suitability to practice, in that: on May 1, 1995, she was found guilty of fraudulently impersonating individuals, on three occasions, with intent to gain advantage for herself. on November 14, 2002, she was found guilty of committing theft of petty cash at her place of employment. on January 19, 2004, she was convicted of defrauding [the department store] of money by means of false exchange of merchandise, failing to lawfully comply with a condition of her probation order and unlawfully entering a dwelling with the intent to commit an indictable offence. In addition, the panel finds that the Member committed the acts of professional misconduct alleged in paragraphs #4 and #5 of the Notice of Electronic Hearing in that: Reasons for Decision on or about January 7, 2003, she misappropriated property (a sum of less than ten dollars) from her workplace, [the facility]. on or about January 24, 2003 she misappropriated property (a sum of less than ten dollars) from her workplace, [the facility]. The panel reviewed the evidence presented in the Agreed Statement of Facts and found that the information supported the findings of professional misconduct as alleged in the Notice of Electronic Hearing. Penalty [ ] Counsel for the College advised the panel that a Joint Submission as to Penalty had been agreed upon. The Joint Submission as to Penalty provides as follows: Sally Cooper ( the Member ) and the College of Nurses of Ontario respectfully submit that, in view of the circumstances set out in the Agreed Statement of Facts and the Member s admissions of professional misconduct, the Panel of the Discipline Committee ( the Panel ) should make an Order as follows:

7 1) Requiring the Member to appear before the Panel of the Discipline Committee to be reprimanded, at a date to be arranged, but in any event within three months of the date that this order becomes final. 1 2) Directing the Executive Director to revoke the Member's Certificate of Registration. Counsel for the College submitted that the proposed penalty was appropriate [ ]. The Member s criminal misconduct was related to her employment and involved theft and illegally obtaining prescriptions for personal use. The Member s trustworthiness has been put in very grave doubt. The only way to ensure public protection is through revocation of the Member s certificate to practise. The Member [ ] stated that she accepts responsibility for her actions and that she agreed with the penalty of revocation. Penalty Decision The panel accepts the Joint Submission as to Penalty and accordingly makes a penalty order containing the following elements: 1) Requiring the Member to appear before the Panel of the Discipline Committee to be reprimanded, at a date to be arranged, but in any event within three months of the date that this order becomes final. 1 2) Directing the Executive Director to revoke the Member's Certificate of Registration. Reasons for Penalty Decision The panel concluded that the proposed penalty is reasonable and in the public interest. The Member has co-operated with the College and, by agreeing to the facts and a proposed penalty, has accepted responsibility for her actions. The panel reviewed the number of findings of professional misconduct, which occurred over a long period of time, and noted the Member s apparent failure and/or inability to amend her behaviour. Given the mandate of public protection, the only decision the panel could arrive at was to revoke the Member s Certificate of Registration. 1 It is not necessary that the Member travel to Toronto to be reprimanded. This may proceed by telephone conference within three months of the date that this order becomes final.

8 I, Jim Attwood, 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: Denise Dietrich, RPN Sheila Pendock, RN Bill Dowson, Public Member Grace Isgro-Topping, Public Member