Adjudication Tribunal Decision - Elizabeth Penney (14273)

Elizabeth Penney

Newfoundland and Labrador Registration No. 14273

On March 14 and 15, 2013, an Adjudication Tribunal established under the Registered Nurses Act, 2008, held a hearing into Complaints by the Association of Registered Nurses of Newfoundland and Labrador and Western Health against Elizabeth Penney (the “Respondent”), a registered nurse whose license to practice nursing had been suspended by Council on February 8, 2013 pending a hearing of the Complaints.

The Adjudication Tribunal accepted an Agreed Statement of Facts in which the Respondent admitted that she had engaged in conduct deserving of sanction under the Registered Nurses Act, 2008, sections 18(c)(i) professional misconduct; 18(c)(iii) conduct unbecoming a registered nurse; and 18(c)(v) acting in breach of the Code of Ethics.

The Adjudication Tribunal found that the Respondent had engaged in conduct deserving of sanction. On May 2, 2013, the Adjudication Tribunal, ordered:

1. Suspension of the Respondent’s nursing license for a period of three years effective February 8, 2013.

2. The Respondent continue to avail of mental health services of a licensed mental health professional until and unless not recommended by her physician or psychiatrist.

3. The Respondent will be eligible to have her license to practice nursing returned on February 8, 2016 subject to the following terms and conditions being met to the satisfaction of the Director of Professional Conduct Review:

a) The Respondent shall provide the Director of Professional Conduct Review with a supportive mental health assessment with respect to her ability to return to the profession of nursing;

b) The Respondent shall prepare and present to the Association of Registered Nurses of Newfoundland and Labrador Regulatory Officer, orally and in writing, a presentation that demonstrates she has a thorough understanding of the Code of Ethics and boundaries within a therapeutic relationship with reference to the Registered Nurses Act (2008); and

c) Based on the outcomes of the medical assessments, if required, the Respondent’s satisfactory completion of a nursing re-entry program.

4. Upon restoration of the Respondent’s license to practice nursing, the following limitations shall apply:

a) The Respondent shall not work as a Psychiatric Nurse or in any counseling capacity;

b) The Respondent shall not work in Community Health or ‘Home Care’ and is restricted to working in an acute care setting. The Respondent may work in long term care if her employer is advised in writing with respect to the present complaints and its disposition.

5. The Respondent pay 25% of the costs incurred by the Association of Registered Nurses of Newfoundland and Labrador in the investigation and hearing of the Complaints.

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