The Standard, Winter 2012 - College of Nurses of Ontario

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Panel orderThe Panel accepted the jointsubmission as reasonable and inthe public interest. The Memberaccepted responsibility for his actionsand cooperated with the College byagreeing to the facts and proposedpenalty. The order addresses specificand general deterrence and protectsthe public.Mark Sondy9612664Allegations and pleaThe College alleged that the Memberwas found guilty of criminal offencesrelevant to his suitability to practise;was found to have committedprofessional misconduct in anotherjurisdiction; signed a document withfalse or misleading information;contravened a term, condition orlimitation on his certificate; andengaged in conduct that would beconsidered disgraceful, dishonourableor unprofessional.The Member admitted to theallegations, and the College andthe Member submitted a writtenstatement to the Panel in which theyagreed to the following facts.Agreed factsThe Member registered with theCollege in 1996. Shortly thereafter,he moved to the U.S., where heremained until returning to Canadain 2006. In 2002, he was foundby the New Mexico Board ofNursing to have committed an act ofprofessional misconduct by falsifyinga professional record and failing tomake or keep accurate and intelligibleentries in records. This would also beconsidered professional misconductin Ontario.Between 2002 and 2010, theMember pleaded guilty to and wasconvicted of 11 different criminalcharges in relation to six separateincidents. The offences includedriving under the influence ofalcohol, aggravated battery, falseimprisonment, uttering death threatsand breaching a probation order.The Member failed to report variouscriminal convictions to the College.The Member did not report thefinding of professional misconductfrom New Mexico, or the findingsof guilt from 2002 to 2009 whenthey occurred. He first reported thesefindings to the College in 2010 afterhis probation officer instructed himto do so.In 2010, the Member went on amedical leave of absence from hisworkplace and made a submissionto the College stating that he metthe definition of incapacity. Hevoluntarily surrendered his certificateafter an agreement with the College.He is currently enrolled in acomprehensive treatment programand remains on medical leave.FindingThe Panel found that the evidencesupported findings of professionalmisconduct as alleged. The Panelalso found that the Member’s failureto report would be considereddisgraceful, dishonourable andunprofessional. The offences arerelevant to his suitability to practise.His conduct placed the safety ofothers in peril and demonstrated alack of regard for the well-being ofothers, which is contrary to the valuesof the nursing profession.Submissions on orderIn light of the Member’s condition,the College and the Member soughtan oral reprimand and a five-monthsuspension. The Member would alsobe required to complete specifiedremediation activities in preparationfor a remedial program with anursing expert.Panel orderThe Panel accepted the jointsubmission as reasonable and inthe public interest. The Memberaccepted responsibility for his actionsand cooperated with the College byagreeing to the facts and proposedpenalty. The Panel relied on the factthat the Member has cooperatedfully with the College throughoutthe process, and that he has beendiagnosed with and is being activelytreated for a health condition toaddress the conduct that led to theconvictions.42 College of Nurses of Ontario the standard winter 2012
youpractiseReachingwhereyouOutreach Consultants can helpyou apply practice standards andaddress nursing practice issues inthe following sectors:• Academic• Acute Care–Adult• Community/Public health• Complex Continuing Care/Rehabilitation• Long-Term Care/Retirement homes• Mental health/Corrections• Nurses Newly Registered• Paediatrics• Palliative CareFor more information or to contact the consultant in your sector,visit www.cno.org/outreach.
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The Standard, Winter 2012 - College of Nurses of Ontario

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