Facts
The Member admitted that she engaged in professional misconduct when she accessed a specific patient’s health record, without consent or other authorization, and without any clinical purpose, on 10 different dates between November 2017 and March 2018. The Member knew the patient personally.
Discipline Committee’s Findings
Based on the Member’s admissions, a panel of the Discipline Committee of the College of Nurses of Ontario (the “Panel”) found that the Member:
- contravened a standard of practice of the profession or failed to meet the standards of practice of the profession; and
- engaged in conduct, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as dishonourable and unprofessional.
Discipline Committee’s Order
The College of Nurses of Ontario (“CNO”) and the Member presented the Panel with a Joint Submission on Order requesting that the Panel make an order that included the following:
- an oral reprimand;
- a 2-month suspension; and
- terms, conditions, and limitations including:
- attending 1 meeting with a Regulatory Expert; and
- employer notification for 12 months;
The Panel accepted the Joint Submission on Order, concluding that the proposed penalty was reasonable and in the public interest.
The Panel noted that the Member cooperated with CNO and accepted responsibility by agreeing to the facts and the Joint Submission on Order. However, the Panel also found that the Member caused harm to a patient by inappropriately accessing personal health information without permission. The Panel stated that conduct by nurses that demonstrates a lack of integrity, dishonesty, abuse of power and authority, or disregard for the welfare and safety of members of the public is conduct that cannot be tolerated by the nursing profession.