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Kristy Dawn Mage, 9400532
The Member admitted she engaged in professional misconduct when she misappropriated oxycodone tablets from a patient she was providing homecare to and was found guilty of theft and breach of trust as a result, and failed to report the charges and findings of guilt to CNO. The Member also admitted that she failed to maintain the boundaries of the therapeutic nurse-client relationship with the patient by making unscheduled visits and smoking with the patient.
The Member was found guilty of the following:
- being found guilty of offences relevant to her suitability to practice;
- contravening a standard of practice of the profession or failing to meet the standards of practice of the profession;
- misappropriating property from a patient;
- failing to report charges and findings of guilt to the Executive Director of CNO; and
- engaging 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.
CNO and the Member presented the Panel with a Joint Submission requesting that the Panel make an order that included the following:
- an oral reprimand;
- a 5-month suspension;
- terms, conditions and limitations, including:
- attending 2 meetings with a Regulatory Expert;
- employer notification for 18 months; and
- no independent practice for 18 months.
Aggravating factors considered by the Panel included:
- the Member’s conduct related directly to her professional obligations, indicating a serious disregard for her accountabilities;
- the Member’s findings of guilt for theft and dishonesty occurred while she was practicing nursing;
- the Member’s conduct was intentional and repeated twice;
- the Member’s conduct in stealing pain medications was potentially medically harmful to the patient; and
- the Member’s conduct caused actual harm by altering the patient’s ability to trust nurses, which discredits the profession as a whole.
Mitigating factors considered by the Panel included:
- the Member cooperated with CNO, admitted to all allegations and has accepted responsibility for her actions;
- the Member pled guilty to her criminal charges;
- the Member has been compliant with treatment of a health condition that, at the time of the events, influenced her behaviour and judgment; and
- the Member expressed regret for her actions.
The Panel accepted the Joint Submission, concluding that the proposed penalty was reasonable and in the public interest.