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Kristen McFarlane, 08341412
Facts
The Member admitted that she engaged in professional misconduct when she disclosed the personal health information of a patient to a nurse colleague outside of the patient’s circle of care, without the patient’s consent or authorization and without any clinical purpose. The patient was well known at the facility because they had worked at the facility for most of their career. The patient had expressed concerns about maintaining privacy, and registered staff, including the member, were provided with instructions to maintain the patient’s privacy.
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;
- gave information about a patient to a person other than the patient or his or her authorized representative except with the consent of the patient or his or her authorized representative or as required or allowed by law; and
- engaged in conduct or performed an act, 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 1-month suspension; and
- terms, conditions and limitations including:
- attending at least 1 meeting with a Regulatory Expert; and
- employer notification for 12 months.
The Panel accepted the Joint Submission on Order, concluding that the proposed order was reasonable and in the public interest. The Panel noted that the Member cooperated with the CNO and accepted responsibility by agreeing to the facts and a proposed order.
The Panel also noted that the order fell in the lower range of the scale because it was a single incident, and the member did not inappropriately access the personal health information and was part of the patient’s care team.
