discipline committee of the college of nurses of …€¦ · brenda lacroix ) registration no....

30
DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO PANEL: Lori McInerney, RN Chairperson Jim Attwood, RN Member Dennis Curry, RN Member Grace Isgro-Topping Public Member Joan King Public Member BETWEEN: ) GLYNNIS BURT for COLLEGE OF NURSES OF ONTARIO ) for College of Nurses of Ontario ) - and - ) CAROL STEPHENSON for ) Brenda Lee Lacroix ) ) BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on for hearing before a panel of the Discipline Committee on Monday, June 11, 2007 at the College of Nurses of Ontario (the “College”) at Toronto. The Allegations The allegations against Brenda Lacroix (the “Member”) as stated in the Notice of Hearing dated December 6, 2005 (Exhibit #1) are as follows: 1. You have committed an act or acts of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code in that you have been found guilty of an offence or offences relevant to your suitability to practise, in that you: (a) were convicted of breaking and entering the home of [A] in circumstances involving: (i) a physical assault by you of [A] involving a weapon, namely, a syringe; and/or (ii) [withdrawn];

Upload: others

Post on 27-Jun-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

DISCIPLINE COMMITTEE

OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: Lori McInerney, RN Chairperson

Jim Attwood, RN Member

Dennis Curry, RN Member Grace Isgro-Topping Public Member

Joan King Public Member

BETWEEN:

) GLYNNIS BURT for

COLLEGE OF NURSES OF ONTARIO ) for College of Nurses of Ontario

)

- and - ) CAROL STEPHENSON for

) Brenda Lee Lacroix

)

)

BRENDA LACROIX )

Registration No. 8200453 )

)

) Heard: June11-14, 2007

AMENDED DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee on Monday, June

11, 2007 at the College of Nurses of Ontario (the “College”) at Toronto.

The Allegations

The allegations against Brenda Lacroix (the “Member”) as stated in the Notice of Hearing dated

December 6, 2005 (Exhibit #1) are as follows:

1. You have committed an act or acts of professional misconduct as provided by subsection

51(1)(a) of the Health Professions Procedural Code in that you have been found guilty of

an offence or offences relevant to your suitability to practise, in that you:

(a) were convicted of breaking and entering the home of [A] in circumstances

involving:

(i) a physical assault by you of [A] involving a weapon, namely, a syringe;

and/or

(ii) [withdrawn];

Page 2: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

(b) were convicted of breach of a recognizance which required that you refrain from

communication with [A], among other things; and,

(c) were convicted of mischief in circumstances where you drove a motor vehicle

while impaired as a result of alcohol and drug ingestion.

2. You have committed an act or acts of professional misconduct as provided by subsection

51(1)(c) of the Health Professions Procedural Code and defined in paragraph 1.37 of

Ontario Regulation 799/93, in that on or about November 7, 2002, you engaged in

conduct or performed an act or 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) broke into the private home of [A] and [B]; and/or

(b) physically assaulted [A] in her home using your body; and/or

(c) physically assaulted [A] in her home using a weapon, namely, a syringe; and/or

(d) [withdrawn]; and/or

(e) [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 and defined in paragraph 1.37 of

Ontario Regulation 799/93, in that on or about December 15 and 16, 2002, you engaged

in conduct or performed an act or 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) communicated with [A] and/or [B] in circumstances where you were the subject

of a recognizance which required that you refrain from communication with them,

among other things; and/or

(b) you drove a motor vehicle while impaired as a result of alcohol and drug

ingestion.

College Counsel requested that allegations 1 (a) (ii) and 2 (d) and (e) of the Notice of Hearing be

withdrawn.

Page 3: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

Member’s Plea

The Member admitted the allegations set out in paragraphs #1, #2 and #3 in the Notice of

Hearing. The panel conducted a plea inquiry and was satisfied that the Member’s admission was

voluntary, informed and unequivocal. In addition the panel received a written plea inquiry,

signed by the Member (Exhibit # 2).

Procedural History

Counsel for the College and Counsel for the Member jointly made a motion for a partial

publication/broadcasting ban, specifically:

a) paragraph [ ] of the Agreed Statement of Facts with respect to Professional

Misconduct allegations, such that the words [ ] are redacted in the public version of

the Decision and Reasons; and

b) appendix A of the Agreed Statement of Facts with respect to professional misconduct

Allegations not be included in the public version of the Decision and Reasons.

The panel deliberated and made an order granting the relief sought by the parties because the

information concerned the Member’s health records and was of a confidential nature.

Agreed Statement of Facts

NOTE: References to exhibits and appendices were inserted by Counsel prior to the hearing and

do not reflect actual exhibit numbers assigned in the hearing.

Counsel for the College advised the panel that agreement had been reached on the facts and

introduced an Agreed Statement of Facts with Respect to Professional Misconduct Allegations,

as follows:

MEMBER’S BACKGROUND

1. The Member obtained her Diploma in Nursing from [ ] College in 1981 and her

registration at the College of Nurses of Ontario ("College of Nurses") that same year.

She has completed certificates in Nursing Assessment Skills and Critical Care and

Emergency Care, as well various courses in the Bachelor of Science in Nursing program

at the University of [ ].

2. Since 1981 the Member has worked at [the Hospital] where she continues to work to the

present. In 1984 she became a full time employee. Her work history can be summarized

as follows:

(a) from 1983 to 1994, the Member worked as a staff nurse in the Intensive Care

Unit and on a medical floor;

(b) from 1994 to August 2000, and then February 2001 to July 2001, the Member

worked as a staff nurse in the Intensive Care Unit and emergency department;

Page 4: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

(c) up until 2000, in addition to working full time at the Hospital, the Member was

also employed by 4 companies to perform insurance medical assessments;

(d) from September 2000 to January 2001, the Member was on a six month medical

leave of absence;

(e) from August 2001 until December 2003, the Member took a second medical

leave of absence.

3. From 1986 until going on medical leave in August 2001, the Member assumed the

following additional responsibilities at the Hospital:

(a) preceptor to nursing students, as well as a mentor/orientator of new staff to the

hospital unit;

(b) member of the following hospital committees from time to time: [ ];

(c) team leader of a four member team which served as instructors/mentors for the

new Cardiac-Telemetry Monitoring System;

(d) WHIMIS unit representative at the hospital;

(e) organiser of public relations and social events for [the Hospital] Staff

Association; and

(f) representative for her employer at the French Language Association of [ ].

4. In addition, from 1986 – 2000, the Member held the position of treasurer of the

local/bargaining unit of the Ontario Nurses' Association.

5. [ ]. She has been involved in [ ] community activities outside nursing [ ].

6. The Member has practised nursing for 25 years. During that time she has not had any

complaints made against her at the College, she does not have any history of discipline or

fitness to practise problems, and she has no prior criminal convictions prior to the events

giving rise to the present allegations.

EVENTS RELATING TO THE ALLEGATION

7. From September 2000 to February 2001, the Member took a six month leave of absence

from her duties at [the Hospital] due to [medical] and personal difficulties [ ].

8. In February 2001, the Member returned to work in the ICU and emergency department at

the Hospital. During this month the Member and her [spouse] legally separated after a

20-year marriage.

9. In August 2001, the Member took another extended medical leave of absence from the

hospital due to depression. The Member was abusing alcohol but did not recognize her

Page 5: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

addiction at the time, and was having difficulty coping with the numerous stresses in her

life.

10. Throughout 2001 and 2002, the Member continued on her medical leave of absence from

work, and was under the care of physicians. She continued to suffer depression, abused

alcohol, and was unable to cope.

11. In late November 2001, the Member began an affair with a married man, [B]. The affair

ended for a brief period in February 2002 when [B’s spouse (A)] learned about it, but

resumed thereafter.

12. In November 2002, the Member was drinking heavily. If the Member were to testify, she

would say that she believed that [A] was suspicious that the affair with [B] was ongoing,

and feared that [A] had been involved in the Member's car being stolen, some items being

taken from her home and hang-up phone calls she had received.

13. On November 7, 2002, the Member went to the home of [A and B]. As a result of events

which occurred at the house that day the Member was arrested and charged with various

criminal offences as will be described in greater detail below.

14. At the Member's criminal trials, the Member did not dispute the following facts as

described by the Crown:

(a) On November 7, 2002, the Member went to the home of [A and B]. The

Member had previously made arrangements with [B] to meet him that morning

at an area motel. She knew that [B] planned to leave home at about 7:30 a.m.

(b) [A and B] lived in a reasonably remote, rural location about one kilometre from

the nearest town, at the end of a long driveway approximately one-half kilometre

in length. Their nearest neighbour was about ¾ of a kilometre away.

(c) The day before, the Member had marked a path to [A and B’s] house through

some nearby woods using marking tape.

(d) Sometime prior to 7:30 a.m. on November 7, 2002, the Member parked her car

on a nearby road and made her way along the path which she had marked

through the bush to the [ ] home.

(e) The Member had with her various items including camouflage cloth, plastic

handcuffs, latex gloves, syringes, two small bottles of Lorazepam, rope, a Swiss

Army knife, green flagging tape, medical supplies, pliers, a black handled filet

knife in a sheath, and a blue balaclava.

(f) The Member entered the [ ] house, which was unlocked. The Member was

wearing a Halloween mask. [A] saw the Member enter the house.

(g) The Member attempted to order [A] to the floor and to put her hands behind her

back. [A] refused.

Page 6: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

(h) The Member had a plastic toy gun which [A] grabbed. The plastic gun broke in

the struggle. [A] pulled off the Halloween mask and recognized the Member.

(i) A physical altercation between [A] and the Member ensued. [A] described the

Member as being extremely agitated, preoccupied, constantly looking over her

shoulder, and at times appearing distraught with a crazed look in her eyes during

the physical altercation. The physical struggle went on for approximately two

hours. During this struggle, the Member told [A], among other things, that she

had an accomplice who was cutting phone lines.

(j) Eventually, [A] agreed to sit on the floor and place her hands behind her neck.

The Member then tricked [A] into looking away, claiming she had brought some

videos with disturbing material on them. When [A] looked away, the Member

pulled a syringe from her bag and stuck [A] in the leg with it. [A] pulled the

syringe out of her leg and attempted to stab the Member with it, resulting in the

syringe breaking. The syringe contained a saline solution with trace amounts of

Lorazepam.

(k) [A] suffered various injuries from the struggle, which were not of a permanent

nature. The Member suffered physical injuries in the altercation as well.

(l) At approximately 9:20 a.m., someone knocked on the residence door to inquire

about buying a trailer. This diversion allowed [A] to call 911. The police

arrived. The Member was still present and was arrested.

(m) The Member was charged with various criminal offences and released on terms,

including a recognizance which prohibited her from communicating with [A and

B] and from being in [ ] unless accompanied by a family member.

(n) Blood tests performed on [A] revealed trace amounts of Lorazepam in [A’s]

blood.

(o) Approximately six weeks after the assault, on December 15, 2002, [B] received

a telephone call which he suspected was from the Member. The caller hung up,

but [B] called the number displayed on his telephone. The first time, the female

answerer said she didn’t believe she was speaking with [B] and that he was an

impostor and hung up. Given the bizarre nature of the first telephone call [B]

called back a second time. On this occasion, the male answerer identified

himself by his first name and said that the Member had just stepped out, or was

not there. He asked [B] to forget about the call.

(p) The next day, December 16, 2002, the Member telephoned [B] saying that she

wanted to explain the telephone call of the previous day. [B] told the Member

that she was not to call his residence and hung up. The Member then sent a fax

apologizing for any distress the call may have caused and said that it had been

placed by [ ] as a prank. [B] contacted the police. The police spoke with the

Member on the telephone that same morning and asked her to surrender herself

at the police station.

Page 7: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

(q) The police went to the residence where the Member was staying to check on her

well-being. She had been scheduled to attend in court and had not appeared.

The police found a note on a napkin on the table indicating she had gone to [ ]

expecting to be arrested.

(r) As the police left the residence they saw the Member’s vehicle travelling on the

road about three houses away from the residence. They turned to stop the

vehicle and saw it turn into the driveway of the residence. The police followed

the vehicle into the driveway. As they approached, the Member drove her

vehicle into the backyard area and stopped the car. The Member verbally

identified herself to the police. The police observed that the Member was very

disoriented and rummaging around inside the vehicle trying to retrieve her

wallet, papers, and her cigarettes. The Member would not look at the police.

(s) The police observed and retrieved an open bottle of wine from the centre console

of the car and arrested the Member. The Member did not want to exit her

vehicle despite numerous instructions to do so. The Member had difficulty

exiting the vehicle and had to be assisted in order to stand up. When they

searched the Member, the police found on her person a pill bottle and white pills

marked Lorazepam. The Member had to be assisted to walk to the police cruiser

because she was staggering. She had difficulty getting into the back of the

cruiser, and a strong odour of alcohol emanated from the back seat area. The

Member told police she had taken eight Lorazepam and five Percocet, as well as

alcohol. The police found two more pill bottles in the vehicle which the

Member indicated were Gravol.

(t) The police took the Member directly to [the Hospital] where she was seen by

someone from the Acute Mental Health section of the hospital because she said

she had intended to kill herself. The Member was very unsteady on her feet, her

eyes were bloodshot, and she had difficulty focussing. She appeared very

groggy and her speech was slurred. Following the Member’s assessment, the

police noted that she had been crying and had difficulty sitting up in bed. A test

for the Member’s blood alcohol level indicated a reading of 40 milligrams of

alcohol in 100 millilitres of blood. The Member was admitted to hospital.

15. As a result of the events of December 16, 2002, the Member was charged with breaches

of her recognizance and impaired driving.

16. The Member remained in [the Hospital] for four weeks from December 16, 2002 to

January 17, 2003. The Member was seen by a psychiatrist while at the Hospital and a

referral was made to the [a health centre].

17. The Member was held in detention following her discharge from [the Hospital].

18. The Member was admitted to [the health centre] on February 11, 2003 and was

discharged on May 13, 2003. At [the health centre] the Member was treated for

substance abuse and completed a three month residential treatment program. During this

admission, the Member received psychiatric treatment, rehabilitation and assessments,

Page 8: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

and participated in the addictions rehabilitation program. Her treating psychiatrist at [the

health centre] made a discharge diagnosis prognosis and recommended follow-up

aftercare and support. A copy of the discharge summary was attached as Appendix “A”

to the Agreed Statement of Facts with Respect to Professional Misconduct.

CRIMINAL CONVICTIONS

19. On February 6, 2003 the Member pleaded guilty to break and enter, contrary to section

348(1)(b) of the Criminal Code of Canada (hereinafter "Criminal Code"), in respect of

the events of November 7, 2002, as described in paragraphs 14(a) to 14(l) herein.

20. On July 17, 2003, the Member pleaded guilty to breach of her recognizance, contrary to

section 145(3) of the Criminal Code, in respect of the events of December 15 and 16,

2003, as described in paragraphs 14(o) to 14(r) herein.

21. In respect of the convictions described in paragraphs 19 to 20, the Member received a

conditional sentence of 10 months imprisonment to be served in the community, seven

months of which she was confined to residence, and 24 months probation. Additional

conditions included a requirement that she attend and comply with a treatment program

for substance abuse and mental health issues.

22. In July 2003, court-imposed restrictions, which did not permit the Member to leave her

home unaccompanied, were varied to permit her to travel to receive treatment and

support.

23. On November 5, 2003, the Member pleaded guilty to mischief, contrary to subsection

430(4) of the Criminal Code, in respect of the December 16, 2002 incident when she was

stopped while driving under the influence of alcohol and drugs. She was sentenced to a

fine of $600.00 and 12 months probation.

24. The Member served the "house arrest" portion of her conditional sentence from

September 2003 to April 12, 2004. She complied with all of the terms of her Conditional

Sentence Order in respect of the convictions for break and enter and breach of

recognizance which ended July 11, 2004. The concurrent 12 month Probation Order in

respect of the conviction for mischief expired on November 4, 2004. The probation

order related to the convictions for break and enter and breach of recognizance expired on

July 11, 2006. The Member's Conditional Sentence Supervisor and Probation Officers

have confirmed that the Member has been compliant with all terms of her conditional

sentence and probation.

MEMBER’S RETURN TO WORK

25. In December 2003, the Member’s medical leave of absence from work ended and she

returned to work at the Hospital as follows:

(a) Commencing in December 2003 the Member worked on a medical floor for 5

months as a staff nurse in a temporary fulltime position;

Page 9: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

(b) In May 2004 she applied for her present position of "Clinical Care and

Discharge Resource Nurse" and was the successful candidate;

(c) In January 2007, the Member assumed the role of Clinical Resource Charge

Nurse for a newly created Geriatric Medical Unit at the Hospital, in addition to

her position as Clinical Care and Discharge Resource Nurse; and

(d) Since January 2006 the Member has acted as Wound Care Team Champion

(team leader) at the Hospital.

EXPERT OPINION

26. The College of Nurses of Ontario has had this matter reviewed by an expert, [ ]. [The

expert] obtained her Bachelor of Science in Nursing from [ ] and has been a member of

the College of Nurses of Ontario since January 1, 1965. [The expert] obtained her

Masters of Science in Nursing in 1983 from [ ], and her Ph.D. in 1989 from [ ]. [The

expert] began work as a staff nurse in the Psychiatric Unit at [a hospital] in 1965 and

ultimately became a Professor in the Department of Psychiatry and the Faculty of

Nursing at [ ].

27. If [the expert] were to testify, she would opine that, based on the facts set out above, the

Member’s criminal convictions for break and enter, breach of recognizance and mischief

are relevant to both the practice of nursing and to the Member’s suitability to practice

nursing, and that the Member has engaged in conduct in all of the circumstances that

would reasonably be regarded by members of the profession as disgraceful,

dishonourable or unprofessional. [The expert] would say that based on the facts set out

above, the Member’s behaviour represents a fundamental violation of the values

espoused by the nursing profession in that the Member’s conduct was, among other

things, violent and abusive.

MISCELLANEOUS

28. If the Member were to testify, she would express great remorse for her actions. In July

2003, she provided [A] with a written letter of apology, which she read to [A] in open

Court.

ADMISSIONS

29. The Member admits that she committed acts of professional misconduct as provided by

subsection 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991,

c. 32 as amended in that she was convicted of the following offences which are relevant

to her suitability to practice:

(a) on February 6, 2003, she was convicted of break and enter into the home of [B

and A] on November 7, 2002, contrary to section 348(1)(b) of the Criminal

Page 10: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

Code, in circumstances which involved a physical assault of [A] with both her

body and with a syringe which contained traces of Lorazepam;

(b) on July 17, 2003, she was convicted of breach of a recognizance which required

that she refrain from communication with [A] or any member of her immediate

family, contrary to subsection 145(3) of the Criminal Code; and

(c) on November 5, 2003, she was convicted of mischief, contrary to subsection

430(4) of the Criminal Code, in circumstances where she drove a motor vehicle

while impaired as a result of alcohol and drug ingestion.

30. The Member further admits that she committed acts of professional misconduct as

provided by subsection 51(c) of the Health Professions Procedural Code of the Nursing

Act, 1991, c. 32 as amended, in that she committed the following acts which would

reasonably be regarded by members of the profession as disgraceful, dishonourable or

unprofessional:

(a) on November 7, 2002 she broke into the private home of [B and A] and

physically assaulted [A], including an assault with her body and assault with a

syringe which contained traces of Lorazepam;

(b) on December 16, 2002 she communicated with [B] in breach of her

recognizance which required that she refrain from communication with him,

among other things; and

(c) on December 16, 2002 she drove a motor vehicle while impaired as a result of

alcohol and drug ingestion.

Decision

The panel deliberated and finds that the Member committed acts of professional misconduct in

that the Member has been found guilty of offences relevant to her suitability to practise, namely:

breaking and entering the home of [A] in circumstances which involved a physical

assault of [A] involving a weapon, namely a syringe;

breach of a recognizance which required that she refrain from communication with

[A], among other things; and

conviction of mischief, in circumstances where she drove a motor vehicle while

impaired as a result of alcohol and drug ingestion.

The panel further finds that the Member committed acts of misconduct, in that the Member

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, in that the Member:

Page 11: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

broke into the private home of [A] and [B];

physically assaulted [A] in her home using her body;

physically assaulted [A] in her home using a weapon, namely, a syringe; and

drove a motor vehicle while impaired as a result of alcohol and drug ingestion.

The panel further finds that the Member committed an act of misconduct, in that the Member

engaged in conduct relevant to the practice of nursing that, having regard to all the

circumstances, would reasonably be regarded by members as unprofessional, specifically, that

the Member:

communicated with [A] and/or [B] in circumstances where she was the subject of a

recognizance which required her to refrain from communicating with them .

The panel grants leave to the College to withdraw the allegations set out at paragraphs 1a(ii) and

2(d) and 2(e) of the Notice of Hearing.

The panel further orders that paragraph [ ] of the Agreed Statement of Facts with respect to

professional misconduct allegations, such that the words [ ] are redacted in the public version of

the Decision and Reasons; and that appendix A of the Agreed Statement of Facts with respect to

professional misconduct allegations not be included in the public version of the Decision and

Reasons.

Reasons for Decision

The Panel agrees that the facts related to the break and enter, the physical assault involving a

weapon, namely a syringe, and the impaired driving conviction are clear and uncontested and

that the Member’s conduct in this regard would reasonably be regarded by members as

disgraceful, dishonourable and unprofessional. As such, the Panel finds the Member committed

acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions

Procedural Code and defined in paragraph 1.37 of Ontario Regulation 799/93.

The Member’s intent regarding the communications with [A] and [B], detailed in allegation 3(a),

is not as clear. The panel finds that the fax sent by the Member was an effort to apologize and

therefore not disgraceful or dishonourable. However, the panel finds the Member’s actions

unprofessional in that she breached a court order to refrain from communicating with [A] and

[B].

Penalty

NOTE: References to exhibits and appendices were inserted by Counsel prior to the hearing and

do not reflect actual exhibit numbers assigned in the hearing.

The Member and the College made a Joint Submission as to Penalty as follows:

Page 12: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

MS LACROIX AND THE COLLEGE JOINTLY SUBMIT that, in view of Ms Lacroix’s

admissions of professional misconduct, the circumstances set out in the Agreed Statement of

Facts with respect to professional misconduct, and the circumstances set out in the Agreed

Statement of Facts with respect to penalty, the Panel of the Discipline Committee (“the Panel”)

should make an Order as follows:

1. Requiring the Member to appear before the Panel to be reprimanded at a date to be

arranged but, in any event, within three (3) months of the date this Order becomes

final.

2. Directing the Executive Director to suspend the Member’s Certificate of Registration

for five (5) months. The suspension shall take effect on the date that this Order

becomes final and shall run continuously without interruption.

3. Directing the Executive Director to impose the following terms, conditions and

limitations on the Member’s Certificate of Registration:

(a) Commencing immediately, and until such time as [Dr. A] is satisfied that the

Member does not pose a threat of safety to clients, and in any event for a

period of not less than eighteen months, the Member shall:

(i) only practice nursing for an employer where other registered nurses

are employed, and will not practice independently or in the

community; and

(ii) attend for forensic psychiatric treatment and monitoring with [Dr. A]

at such frequency as [Dr. A] deems appropriate, but in any event no

less than four times per year (once each quarter); and

(iii) personally bear the cost of the sessions with [Dr. A] (in the sense that

she will be personally responsible to ensure that [Dr. A] is paid for

the sessions referred to in paragraph 3.(a)(ii) herein, whether by

herself or by a third party, but in no event shall The College of

Nurses of Ontario be responsible for this cost); and

(iv) follow the treatment advice and direction of [Dr. A] and shall attend

for treatment and/or counselling by other healthcare professionals

should [Dr. A] consider it appropriate; and

(v) not abuse any substances and shall remain free of alcohol and any

controlled or mood altering drug unless such drug is prescribed by a

treating physician, and the Member shall only take such prescribed

drug after consultation with and the approval of [Dr. A]; and

(vi) consent to undergo random, supervised urine testing whenever

requested by her family physician, to occur not less than once per

month; and

Page 13: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

(vii) advise anyone responsible for the collection and testing of the urine

samples referred to in sub-paragraph 3(a)(vi) above, that:

A. all urine samples obtained should be immediately measured for

a body core temperature of 37 degrees and if not found to be

temperature specific then a directly witnessed urine sample

must be obtained to replace the sample originally given; and

B. all samples must be tested for all psycho-active substances,

including alcohol; and

C. a second test of the sample is to be done in the event of a

positive result; and

(viii) authorize the results of any random urine testing performed pursuant

to paragraph 3.(a)(vi) to be released to both the College, and the

Member’s family physician;

(b) provide to [Dr. A] copies of the following documents:

(i) [Dr. B]’s reports dated May 29 and July 11, 2003; and

(ii) [Dr. C]’s report dated March 13, 2006; and

(iii) transcripts of the 2003 criminal court proceedings for each of February

6, July 7, July 17, July 29, August 7, September 12, and November 5,

2003; and

(iv) a copy of the Member’s certificates of conviction; and

(v) the Panel’s Penalty Order with the attached Notice of Hearing, Agreed

Statement of Facts, Joint Submission on Penalty and any attachments to

those documents and, if available, the panel’s written Decision and

Reasons;

(c) the Member shall obtain and deliver to the Director of Investigations and

Hearings (“the Director”) of the College, within thirty (30) days from the day

the Member’s appeal rights end as a result of exhaustion, expiry or waiver, a

letter signed by [Dr. A]:

(i) confirming receipt of the documents referred to in 3(b) above; and

(ii) agreeing, during the time period set out in paragraph 3(a) above, to

notify the Director immediately, in writing, if:

A. in his opinion the Member’s health (mental, emotional or

physical) may interfere with her ability to practice nursing safely;

and/or

Page 14: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

B. in his opinion the Member has failed to comply with treatment

recommendations made by him; and/or

C. in his opinion or based upon information which he receives the

Member has failed to comply with any of the terms, conditions

and limitations imposed upon her certificate of registration;

and/or

D. in his opinion, the Member is showing signs of substance abuse;

and;

(iii) agreeing to cooperate with the College by providing such information as

the Director may require to ensure that the Member is complying with

the terms, conditions and limitations on her certificate of registration;

and

(d) the Member shall sign a Consent and/or a Release in the College’s favour to

enable the College to communicate with [Dr. A] regarding the Member’s

treatment and her compliance with the terms, conditions and limitations; and

(e) the Member shall not substitute another physician for [Dr. A] without first

obtaining the agreement of the Director to do so; and

(f) the Member shall advise the Director of the name of the Member’s family

physician; and

(g) the Member shall provide her family physician with copies of the following

documents:

(i) [Dr. B’s] reports dated May 29 and July 11, 2003; and

(ii) [Dr. A’s] report dated October 25, 2005; and

(iii) [Dr. C’s] report dated March 13, 2006; and

(iv) the panel’s Penalty Order with the attached Notice of Hearing, Agreed

Statement of Facts, Joint Submission on Penalty and any attachments to

those documents and, if available, the panel’s written Decision and

Reasons; and

(h) the Member shall obtain and deliver to the Director, within thirty (30) days

from the day the Member’s appeal rights end as a result of exhaustion, expiry

or waiver, a letter signed by the Member’s family physician:

(i) confirming receipt of the documents referred to in 3(g) above;

(ii) in which the Member’s family physician agrees to:

Page 15: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

A. request and conduct supervised urine tests from the Member to be

conducted once per month on a random basis; and

B. immediately test all urine samples obtained from the Member for a

body core temperature of 37 degrees and, if not found to be

temperature specific, then to obtain a directly-witnessed urine

sample from the Member to replace the sample originally given;

and

C. order a test for all urine samples obtained from the Member for all

psycho-active substances, including alcohol; and

(iii) order that a second test of the urine sample be performed in the event that

a positive result is obtained with the first sample; and

(iv) advise the Director within a reasonable time in the event:

A. any of the Member’s urine samples obtained pursuant to sub-

paragraphs 3(a)(vi) and 3(h)(ii) and (iii) above test positive for any

psycho-active substance or alcohol, and to advise on what date the

sample(s) was obtained and whether it tested positive for any

substance on one or two tests; and/or

B. in his or her opinion the Member’s health (mental, emotional or

physical) may interfere with her ability to practice nursing safely;

and/or

C. in his or her opinion the Member has failed to comply with

treatment recommendations made by him or her; and/or

D. in his or her opinion, the Member is showing signs of substance

abuse; and/or

E. in his or her opinion or based upon information which he receives

the Member has failed to comply with any of the terms, conditions

and limitations imposed upon her certificate of registration; and

(v) cooperate with the College by providing such information as the Director

may require to ensure that the Member is complying with the terms,

conditions and limitations on her certificate of registration; and

(i) the Member shall sign a Consent and/or a Release in the College’s favour to

enable the College to communicate with the Member’s family physician

regarding the Member’s treatment and her compliance with the terms,

conditions and limitations; and

(j) the Member shall not substitute another physician for the Member’s current

family physician as identified to the Director without first obtaining the

agreement of the Director to do so; and

Page 16: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

(k) for a period of eighteen months following completion of the suspension

imposed by the Discipline Committee:

(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. Notification shall be in writing and

sent by verifiable form of delivery, such as courier, the proof of which

delivery the Member shall retain; and

(ii) only practice nursing for an employer who agrees:

A. to receive, in advance of the Member accepting or resuming a

nursing position with that employer, the panel’s Penalty Order with

the attached Notice of Hearing, the Agreed Statement of Facts with

respect to Professional Misconduct (without appendices), copies of

the Certificates of Conviction pertaining to this matter (appendices

“B”, “C” and “D” to the previous document), the Agreed

Statement of Facts with respect to Penalty (without exhibits), the

Joint Submission on Penalty, and, if available, the panel’s written

Decision and Reasons; and

B. to write to the Director within 14 days of the Member commencing

employment to:

a) confirm the date the member’s employment commenced;

and

b) confirm the employer’s receipt and review of the

documents referred to in 3(k)(ii)A, above; and

c) acknowledge that the employer, and any staff the employer

deems necessary, are aware of the restrictions on the

Member’s certificate of registration; and

d) to notify the Director immediately upon receipt of any

reasonable information that the Member has failed to meet

the professional standards expected of her (including any

boundary violation) and/or has demonstrated any signs or

symptoms of substance abuse, including and in particular

any signs of unusual or repeated absenteeism and/or

lateness; and

(l) in the event the Director or his or her delegate receives information from

which she or he forms a reasonable belief that the Member’s health may be

affecting her ability to practice nursing safely or that she has failed to comply

with any of the terms, conditions and limitation imposed on her certificate of

registration, the Member shall consent to the Director or his or her delegate

contacting the Member’s employer(s) and/or [Dr. A] and/or the Member’s

Page 17: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

family physician to obtain information to determine whether the Member’s

health is affecting her ability to practice nursing safely; and

(m) the Member shall authorize employer(s) and/or [Dr. A] and/or the Member’s

family physician to speak freely with the Director or his or her delegate about

any issue or topic, including any issue or topic which would otherwise be

confidential; and

(n) the Member shall not do anything which would detrimentally affect her

employer’s or physicians’ ability to comply with the agreement(s) referred to

above.

In addition, College Counsel and the Counsel for the Member presented the following Agreed

Statement of Facts with Respect to Penalty (Exhibit #4 – Tab A).

Member’s After-Care & Recovery Program

1. Since her discharge from [the health centre] in May 2003, the Member has received the

following treatment and counselling:

(a) From July 2003, to approximately March 2004 the Member received individual

counselling with an addictions counsellor at [ ], initially on a bi-weekly basis,

and subsequently monthly;

(b) From July 2003 to approximately March 2004, the Member attended sessions

with a social worker on a bi-weekly basis until the fall of 2003 and subsequently

monthly;

(c) The Member has attended for family counselling;

(d) From July 2003 to April 2004, the Member attended every two weeks for

individual psychotherapy from [Dr. D], a physician who specializes in addiction

counselling for health professionals. Since May 2004, she continues to see [Dr.

D] as needed;

(e) From July 2003 to November 2006, the Member attended sessions of the [ ]

which provides group therapy restricted to health professionals. From July 2003

to April 2004, she attended weekly sessions, and thereafter bi-weekly sessions

until November 2006;

(f) Since July 2003, she has attended meetings of a substance abuse support group

on a regular basis, and continues to attend these meetings approximately three to

four times per week. She is currently very involved in the program and is active

in her group chairing meetings and speaking when asked at open meetings; and

(g) Since February 2006, the Member has attended counselling sessions with

psychiatrist [Dr. A] approximately once per month.

2. If [Dr. D] were to testify he would confirm the information and opinion he has

Page 18: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

provided in two letters dated April 15, 2004 and May 30, 2007. Copies of these letters

were attached to the Agreed Statement of Facts with Respect to Penalty as Exhibits “1” &

“2”, respectively.

The Member's Return to Work

3. By letter dated December 15, 2003, psychiatrist [Dr. E] provided his opinion that the

Member was stable enough from a psychiatric point of view to return to work. Attached

to the Agreed Statement of Facts with Respect to Penalty was Exhibit “3” is a copy of a

letter dated December 15, 2003, from [Dr. E].

4. On December 30, 2003, the Member resumed working at [the Hospital] as a staff nurse

on a medical floor in a temporary full time position. A performance appraisal by her

supervisor/manager dated April 26, 2004 confirmed she met all expectations in this

position.

5. In approximately May 2004, the Member applied for the position of Clinical Care and

Discharge Resource Nurse and was the successful candidate. In May 2004, she began

working in this position, which is a senior leadership position with focus on coordination

of care of medical patients, resource person for staff members and discharge planning of

patients. A performance appraisal by her supervisor dated March 26, 2006 confirmed she

met all expectations in this position. In addition, the Member is an active member on a

number of hospital committees, including medical committees.

6. [ ], the Member’s Manager at the Hospital since September 2004, has provided a letter

dated April 20, 2007, confirming that the Member is working within the standards

expected of her as a nurse since she returned to work in December 2003. A copy of that

letter, dated April 20, 2007, was attached to Agreed Statement of Facts with Respect to

Penalty as Exhibit “4”.

Member’s Apology Letter

7. The Member apologized to [A] during the course of the criminal proceedings in 2003.

Attached to the Agreed Statement of Facts with Respect to Penalty as Exhibit “5” was a

copy of the Member’s apology letter dated July 2003.

Member’s Probationary Period

8. The Member’s Probation Officers, [ ] and [ ], have confirmed that the Member has been

compliant with all terms of her conditional sentence and probation, and all probation

orders have now expired.

Expert Opinions

9. The Member was assessed by [Dr. A] on April 12 and May 12, 2005. [Dr. A] provided a

written opinion of his assessment of Ms Lacroix dated October 24, 2005. If [Dr. A] were

Page 19: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

to testify he would provide the opinion set out in a copy of his October 24, 2005 report

which was attached to the Agreed Statement of Facts with Respect to Penalty as Exhibit

“6”. A copy of [Dr. A’s] CV was attached as Exhibit “7”.

10. The Member’s conduct and the written opinion of [Dr. A’s] has been reviewed and

considered by [Dr. C]. If [Dr. C] were to testify he would provide his opinion set out in

his report dated March 13, 2006, a copy of which was attached to the Agreed Statement

of Facts with Respect to Penalty as Exhibit as “8”. A copy of [Dr. C]’s CV was attached

as Exhibit “9”.

11. In considering [Dr. A]’s opinion, [Dr. C] also took into consideration the reports of [Dr.

B] dated May 29 and July 11, 2003, which reports were provided in the course of the

criminal proceedings with respect to Ms Lacroix’s criminal convictions. If [Dr. B] were

to testify he would provide his opinion set out in his reports dated May 29 and July 11,

2003, copies of which are attached to the Agreed Statement of Facts with Respect to

Penalty as Exhibits “10” and “11”, respectively.

12. [Dr. A] has provided two recent reports dated May 14 and May 15, 2007, respectively. If

[Dr. A] were to testify he would confirm the information and provide his opinion set out

in these two reports. Copies of these reports were attached to the Agreed Statement of

Facts with Respect to Penalty as Exhibits “12” and “13”, respectively.

Member’s Documents

13. Attached to the Agreed Statement of Facts with Respect to Penalty were the following

documents bearing “exhibit” numbers to that document as indicated:

14. i) Letters from Treating Professionals

Exhibit “14” Letter: [ ], Social Work Department, [ ]

Hospital.

March 23, 2004

Exhibit “15” [Addiction Treatment Services] Discharge

Summary for Case Base, [ ]

April 2, 2004

Exhibit “16” Letter: [ ], Family and Child Therapist January 15, 2007

15. ii) Letters from Probation Officers

Exhibit “17” Letter: [ ], Conditional Sentence Supervisor December 15, 2003

Exhibit “18” Letter: [ ], Conditional Sentence

Supervisor, Probation and Parole Officer

March 31, 2004

Exhibit “19” Letter: [ ], Probation and Parole Officer November 21, 2005

Exhibit “20” Letter: [ ], Probation and Parole Officer December 12, 2006

Page 20: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

iii) Documents from [the Hospital] (Performance Appraisals and/or Letters from

Colleagues and/or Other)

Exhibit “21” Letter: [Colleague A] August 4, 2003

Exhibit “22” Letter: [ ], Vice President, Clinical

Programs

April 2, 2004

Exhibit “23” Report of Performance Appraisal April 6, 2004

Exhibit “24” Letter: [ ], Clinical Director Medical

Program, [the Hospital]

November 24, 2005

Exhibit “25” Letter: [ ], Clinical Care and Discharge

Resource Registered Nurse, [the Hospital]

December 20, 2005

Exhibit “26” [Hospital] Certificate of Recognition (one

year perfect attendance record)

2005

Exhibit “27” Letter: [Colleague A] January 2, 2006

Exhibit “28” Letter: [ ], Vice President, Patient Services January 13, 2006

Exhibit “29” Performance Appraisal including Director’s

Performance Planning Worksheet and Self-

evaluation component (12 pages)

March 28, 2006

Exhibit “30” Memorandum: [ ] May 11, 2006

Exhibit “31” Letter: [ ], Clinical Manager – Medical

Program

November 9, 2006

Exhibit “32” Letter: [ ] February 5, 2007

Exhibit “33” Letter: [Colleague B] (nurse) March 5, 2007

Exhibit “34” Letter: [ ], Clinical Manager – Medical

Programs, [the Hospital]

April 28, 2007

Exhibit “35” [Hospital] Certificate of Recognition (two

years’ perfect attendance)

Fax date May 18, 2007

Exhibit “36” Letter (peer evaluation): [Colleague C],

Reg. N.

Undated

Exhibit “37” Letter: [Colleague C], R.N. Undated

iv) Member’s Professional Development

Page 21: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

Exhibit “38” Typed summary of Member’s professional

development activities in the years 2004 to

2007 and related certificates of attendance

2004 to 2007

Exhibit “39” Algonquin College transcript of Academic

Record and attached program description

for the Ontario Management Development

Business Management Skills Certificate

program.

May 26, 2006

v) Miscellaneous

Exhibit “40” Letter: [ ], Nursing Professor, [ ] College June 17, 2004

Exhibit “41” E-mail: Thank you to Brenda Lacroix re

treatment of [ ].

July 19, 2005

Exhibit “42” Letter: [client A] November 15, 2005

Exhibit “43” Letter: [client B] December 5, 2005

Exhibit “44” Letter: [client C] December 5, 2005

Exhibit “45” Thank you card: [client D] September 2006

Exhibit “46” Letter: [Client B] January 2007

Exhibit “47” Thank you letter: [ ] and [ ] March 2007

Exhibit “48” Card: Thank you to Brenda for caring for

[ ].

Undated

Exhibit “49” Handwritten note: Thank you to Brenda

while [ ] was in hospital.

Undated

Exhibit “50” Card: Thank you to Brenda and [ ] Undated

Exhibit “51” Thank you card: Family of [client F] Undated

It was the submission of College Counsel that the penalty provides specific deterrence to the

Member and general deterrence to the membership. It ensures protection of the public and

provides for remediation, rehabilitation and monitoring of the Member’s behaviour. College

Counsel submitted that the criminal acts the Member engaged in were egregious and contrary to

the ethics of nursing which are based on helping not hurting. Counsel referred to four previous

discipline decisions to demonstrate that the five month suspension was within the appropriate

range. College Counsel submitted the following aggravating factors for the panel’s consideration

in assessing the Joint Submission as to Penalty:

the events of Nov. 7, 2002 were pre-planned. The Member had marked a route through

Page 22: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

the woods to the [A and B’s] home the previous evening and had ensured that [B] would

be away from the house. She brought a number of items including a syringe and then

entered the house wearing a mask;

the attack on [A] was a violent, physical assault; and

the Member used a syringe, which she was able to access through her nursing workplace,

as a weapon.

College Counsel also submitted a number of mitigating factors for the panel’s consideration of

the Joint Submission as to Penalty, which included the fact that the Member:

had no previous criminal history or findings at the College;

the Member had admitted her professional misconduct and was cooperating fully with the

College;

the Member had shown remorse by her letter to [A] (Exhibit #4, tab 5);

the member had served her criminal sentence without incident;

continues to live with a measure of public scrutiny;

had made considerable efforts to rehabilitate (Exhibit #4, tab A); and

has returned to work at the hospital where she had worked for over 25 years and has had

3 ½ years with good performance appraisals, including a promotion.

Additionally, College Counsel submitted that this was a single incident involving the member

and at the time of the incident the Member suffered from depression and [substance abuse

issues].

College Counsel cautioned the panel against putting too much weight on the reference letters

which were included in Agreed Statement of Fact with Respect to Penalty (Exhibit #4). She

stated that letters of reference should legitimately speak to the Member’s character but not to the

penalty.

Counsel for the Member agreed that the penalty was appropriate for these particular

circumstances considering the Member’s background, personal circumstances at the time of the

event, mental health at the time of the events, and the treatment, counselling and remediation

undertaken by the Member. Counsel for the Member submitted that the experts’ opinions

regarding the Member’s current mental health and work performance should be considered by

the panel.

Counsel for the Member submitted mitigating factors should be taken into account by the panel

in considering the Joint Submission as to Penalty, such factors included the fact that the Member:

had no previous history with the College or the Courts;

has co-operated fully with the College;

was suffering from depression and [substance abuse issues] at the time of the event.

Counsel made extensive reference to the opinions [Dr. A], a forensic psychiatrist, and

[Dr. D], an addictive disorders specialist;

has had a 25 year career at [the Hospital] although she was on leave at the time of the

event;

had acknowledged her guilt both to the Courts and the College;

Page 23: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

had served her sentence without incident; 10 month conditional sentence, 2 year

probation and $600 fine;

has engaged in a significant After-Care and Recovery Program; (Exhibit #4, Tab A);

has had 3 ½ years of successful work performance at [the Hospital] since the incident;

and

current health status, as reported in a letter dated May 30, 2007 from [Dr. D] in which he

found the Member fit to practise nursing responsibly, safely and ethically.

Additionally, Counsel for the Member submitted that the incident was out of character both

professionally and personally. Counsel referred the panel to letters written by [Colleague A] and

[Colleague B,] who have worked with the Member for over 25 years. As well, four and one-half

years have passed since the incident and the Member has maintained sobriety.

After considerable deliberation, the panel requested both Counsels to make further submission

respecting the appropriateness of the lengthy 5 month suspension proposed in the Joint

Submission as to Penalty

College Counsel stressed the seriousness of the offence, stating the importance of sending a

strong message, through penalty, to the Member and to the membership at large. She reminded

the panel that this was a Discipline, and not a Fitness to Practice, hearing. In her submission, she

submitted it would be the wrong approach to suspend all or part of a suspension for the reason

that a member suffered from mental illness at the time of the offence, but, by the time of the

hearing, had been rehabilitated. She said there was nothing in this penalty detrimental to the

Member’s recovery and that the Member would be able to continue her nursing career after

serving the suspension.

College Counsel drew the attention of the panel to the case of R. v. Dewald, [2001] O.J. No.

1716 (QL), in which the Ontario Court of Appeal considered the benchmark to be used when

considering changes to the terms of a Joint Submission as to Penalty. The key point made by the

Court in that case was at para. 29, “….Judges may reject a joint submission if accepting it would

be contrary to the public interest or would otherwise put the administration of justice into

disrepute.”

In summary, College Counsel reinforced the point that the Panel had a joint submission before it,

signed by the Member.

Counsel for the Member also reiterated that the penalty was submitted by both parties. However,

she did remind the members of the panel that they were to weigh all the facts when considering

the penalty.

With regard to the Dewald case, Counsel for the Member drew attention to a point made in

dissent by the Judge J.A. Carthy at para. 24:

“General deterrence becomes a modest concern because parents in

this state of depression do not think rationally about the

consequences of their acts. Rehabilitation becomes a more

Page 24: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

prominent concern than individual deterrence once the cause of the

crime is identified as a mental health problem”

Counsel for the Member then paraphrased [Dr. A]’s evidence, in which he opined that the

Member’s psychiatric “state” drove her behaviour.

Penalty Decision

The Panel has deliberated carefully and thoroughly, recognizing the seriousness of the

allegations and the proposed penalty.

The panel believes that the suspension of five months would more appropriately be suspended

but finds that the proposed penalty would not meet the bar of being contrary to the public interest

or otherwise bring the administration of justice into disrepute.

Therefore, the panel accepts the Joint Submission as to Penalty and makes an order:

1. That the member shall appear before the panel to be reprimanded at a date to be arranged

but, in any event, within three (3) months of the date this Order becomes final;

2. The Executive Director shall suspend the Member’s Certificate of Registration for five

(5) months. The suspension shall take effect on the date that this Order becomes final and

shall run continuously without interruption;

3. The Executive Director shall impose the following terms, conditions and limitations on

the Member’s Certificate of Registration:

a. commencing immediately, and until such time as [Dr. A] is satisfied that the Member

does not pose a threat of safety to clients, and in any event for a period of not less

than eighteen months, the Member shall:

i. only practice nursing for an employer where other registered nurses are

employed, and will not practice independently or in the community; and

ii. attend for forensic psychiatric treatment and monitoring with [Dr. A] at

such frequency as [Dr. A] deems appropriate, but in any event no less than

four times per year (once each quarter); and

iii. personally bear the cost of the sessions with [Dr. A] (in the sense that she

will be personally responsible to ensure that [Dr. A] is paid for the

sessions referred to in paragraph 3.(a)(ii) herein, whether by herself or by

a third party, but in no event shall The College of Nurses of Ontario be

responsible for this cost); and

iv. follow the treatment advice and direction of [Dr. A] and shall attend for

treatment and/or counselling by other healthcare professionals should [Dr.

A] consider it appropriate; and

Page 25: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

v. not abuse any substances and shall remain free of alcohol and any

controlled or mood altering drug unless such drug is prescribed by a

treating physician, and the Member shall only take such prescribed drug

after consultation with and the approval of [Dr. A]; and

vi. consent to undergo random, supervised urine testing whenever requested

by her family physician, to occur not less than once per month; and

vii. advise anyone responsible for the collection and testing of the urine

samples referred to in sub-paragraph 3.(a)(vi) above, that:

1. all urine samples obtained should be immediately measured for a

body core temperature of 37 degrees and if not found to be

temperature specific then a directly witnessed urine sample must

be obtained to replace the sample originally given; and

2. all samples must be tested for all psycho-active substances,

including alcohol; and

3. a second test of the sample is to be done in the event of a positive

result; and

viii. authorize the results of any random urine testing performed pursuant to

paragraph 3.(a)(vi) to be released to both the College, and the Member’s

family physician;

b. the Member shall provide to [Dr. A] copies of the following documents:

i. [Dr. B’s] reports dated May 29 and July 11, 2003; and

ii. [Dr. C’s] report dated March 13, 2006; and

iii. transcripts of the 2003 criminal court proceedings for each of February 6,

July 7, July 17, July 29, August 7, September 12, and November 5, 2003;

and

iv. a copy of the Member’s certificates of conviction; and

v. the Panel’s Penalty Order with the attached Notice of Hearing, Agreed

Statement of Facts, Joint Submission on Penalty and any attachments to

those documents and, if available, the panel’s written Decision and

Reasons;

c. the Member shall obtain and deliver to the Director of Investigations and Hearings

(“the Director”) of the College, within thirty (30) days from the day the Member’s

appeal rights end as a result of exhaustion, expiry or waiver, a letter signed by [Dr.

A]:

i. confirming receipt of the documents referred to in 3(b) above; and

Page 26: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

ii. agreeing, during the time period set out in paragraph 3(a) above, to notify

the Director immediately, in writing, if:

1. in his opinion the Member’s health (mental, emotional or physical)

may interfere with her ability to practice nursing safely; and/or

2. in his opinion the Member has failed to comply with treatment

recommendations made by him; and/or

3. in his opinion or based upon information which he receives the

Member has failed to comply with any of the terms, conditions and

limitations imposed upon her certificate of registration; and/or

4. in his opinion, the Member is showing signs of substance abuse;

and

iii. agreeing to cooperate with the College by providing such information as

the Director may require to ensure that the Member is complying with the

terms, conditions and limitations on her certificate of registration; and

d. the Member shall sign a Consent and/or a Release in the College’s favour to enable

the College to communicate with [Dr. A] regarding the Member’s treatment and her

compliance with the terms, conditions and limitations; and

e. the Member shall not substitute another physician for [Dr. A] without first obtaining

the agreement of the Director to do so; and

f. the Member shall advise the Director of the name of the Member’s family physician;

and

g. the Member shall provide her family physician with copies of the following

documents:

i. [Dr. B’s] reports dated May 29 and July 11, 2003; and

ii. [Dr. A’s] report dated October 25, 2005; and

iii. [Dr. C’s] report dated March 13, 2006; and

iv. the panel’s Penalty Order with the attached Notice of Hearing, Agreed

Statement of Facts, Joint Submission on Penalty and any attachments to

those documents and, if available, the panel’s written Decision and

Reasons; and

h. the Member shall obtain and deliver to the Director, within thirty (30) days from the

day the Member’s appeal rights end as a result of exhaustion, expiry or waiver, a

letter signed by the Member’s family physician:

i. confirming receipt of the documents referred to in 3(g) above;

Page 27: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

ii. in which the Member’s family physician agrees to:

1. request and conduct supervised urine tests from the Member to be

conducted once per month on a random basis; and

2. immediately test all urine samples obtained from the Member for a

body core temperature of 37 degrees and, if not found to be

temperature specific, then to obtain a directly-witnessed urine

sample from the Member to replace the sample originally given;

and

3. order a test for all urine samples obtained from the Member for all

psycho-active substances, including alcohol; and

iii. order that a second test of the urine sample be performed in the event that

a positive result is obtained with the first sample; and

iv. advise the Director within a reasonable time in the event:

1. any of the Member’s urine samples obtained pursuant to sub-

paragraphs 3(a)(vi) and 3(h)(ii) and (iii) above test positive for any

psycho-active substance or alcohol, and to advise on what date the

sample(s) was obtained and whether it tested positive for any

substance on one or two tests; and/or

2. in his or her opinion the Member’s health (mental, emotional or

physical) may interfere with her ability to practice nursing safely;

and/or

3. in his or her opinion the Member has failed to comply with

treatment recommendations made by him or her; and/or

4. in his or her opinion, the Member is showing signs of substance

abuse; and/or

5. in his or her opinion or based upon information which he receives

the Member has failed to comply with any of the terms, conditions

and limitations imposed upon her certificate of registration; and

v. cooperate with the College by providing such information as the Director

may require to ensure that the Member is complying with the terms,

conditions and limitations on her certificate of registration; and

i. the Member shall sign a Consent and/or a Release in the College’s favour to enable

the College to communicate with the Member’s family physician regarding the

Member’s treatment and her compliance with the terms, conditions and limitations;

and

j. the Member shall not substitute another physician for the Member’s current family

Page 28: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

physician as identified to the Director without first obtaining the agreement of the

Director to do so; and

k. for a period of eighteen months following completion of the suspension imposed by

the Discipline Committee, 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. Notification shall be in writing and

sent by verifiable form of delivery, such as courier, the proof of which

delivery the Member shall retain; and

ii. only practice nursing for an employer who agrees:

1. to receive, in advance of the Member accepting or resuming a

nursing position with that employer, the panel’s Penalty Order with

the attached Notice of Hearing, the Agreed Statement of Facts with

respect to Professional Misconduct (without appendices), copies of

the Certificates of Conviction pertaining to this matter (appendices

“B”, “C” and “D” to the previous document), the Agreed

Statement of Facts with respect to Penalty (without exhibits), the

Joint Submission on Penalty, and, if available, the panel’s written

Decision and Reasons; and

2. to write to the Director within 14 days of the Member commencing

employment to:

a. confirm the date the member’s employment commenced;

and

b. confirm the employer’s receipt and review of the

documents referred to in 3(k)(ii)A, above; and

c. acknowledge that the employer, and any staff the employer

deems necessary, are aware of the restrictions on the

Member’s certificate of registration; and

d. to notify the Director immediately upon receipt of any

reasonable information that the Member has failed to meet

the professional standards expected of her (including any

boundary violation) and/or has demonstrated any signs or

symptoms of substance abuse, including and in particular

any signs of unusual or repeated absenteeism and/or

lateness; and

l. in the event the Director or his or her delegate receives information from which she

or he forms a reasonable belief that the Member’s health may be affecting her ability

to practice nursing safely or that she has failed to comply with any of the terms,

Page 29: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

conditions and limitation imposed on her certificate of registration, the Member shall

consent to the Director or his or her delegate contacting the Member’s employer(s)

and/or [Dr. A] and/or the Member’s family physician to obtain information to

determine whether the Member’s health is affecting her ability to practice nursing

safely; and

m. the Member shall authorize employer(s) and/or [Dr. A] and/or the Member’s family

physician to speak freely with the Director or his or her delegate about any issue or

topic, including any issue or topic which would otherwise be confidential; and

n. the Member shall not do anything which would detrimentally affect her employer’s or

physicians’ ability to comply with the agreement(s) referred to above.

Reasons for Penalty Decision

The oral reprimand is a specific deterrent for the Member. The terms, limits and conditions are

general deterrents for both the Member and the membership. The monitoring and rehabilitation

of the Member will protect the public.

The issue of concern for the panel was the lengthy five month suspension. Considering the

circumstances of this case, including the length of time since the event, the completion of the

sentence from the Court, the Member’s successful rehabilitation, the Member’s three and one-

half years of productive work as an RN and the reports from the treating doctors, the panel

believed that a suspended five month suspension would have been sufficient to serve the goals of

general and specific deterrence. However, the panel recognised that this change to the Joint

Submission on Penalty would fall short of the judicial bar in that it would not be contrary to the

public interest or otherwise bring the administration of justice into disrepute.

Procedural History

After the panel’s decision was recorded, three motions were made regarding the

publication/broadcasting ban of some of the evidence, which had been before the panel.

First, Counsel for the College and Counsel for the Member jointly requested a

publication/broadcasting ban on Tabs 1, 2, 3, 6, 8, 10, 11, 12, 13, 14, 15, 16, 21, 27, 42, 43, 44,

45, and 46 of the Agreed Statement of Fact with Regards to Penalty (Exhibit #4). The documents

appearing in these tabs contained detailed health records. The motion was considered by the

panel and was granted under the authority of section 45(2)(b) of the Regulated Health

Professions Act, 1991, in that the Member’s right to confidentiality outweighed the public

interest in this instance.

Page 30: DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF …€¦ · BRENDA LACROIX ) Registration No. 8200453 ) ) ) Heard: June11-14, 2007 AMENDED DECISION AND REASONS This matter came on

Second, Counsel for the Member made a motion for numerous redactions from the Agreed

Statement of Facts with Respect to Penalty, Exhibit #4, and the redaction of names of Doctors

and counselling programs contained within the Index of Exhibit # 4 be made. The panel declined

the Member’s request as it did not believe that the Member’s right to privacy outweighed the

public’s right to access this information. However, there was one exception. The panel granted

the relief sought in connection with paragraph 1(f) of the Agreed Statement of Facts with

Respect to Penalty, as requested.

Third, Counsel for the College requested that the victim and the victim’s spouse be identified

only by initials. Counsel for the Member did not oppose this request. The motion was granted

under subsection 45(3) of the Regulated Health Professions Act, 1991.

I, Lori McInerney, 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:

Jim Attwood, RN

Dennis Curry, RN

Grace Isgro-Topping, Public Member

Joan King, Public Member