On December 1, 2011, Brian Budden, Registration No. 16605, met the conditions of the Order of an Adjudication Tribunal of the ARNNL Disciplinary Panel dated November 4, 2011 such that his Registered Nurse License and Nurse Practitioner License were reinstated.
On November 4, 2011, Brian Budden, Registration No. 16605 (the “Respondent”) was found guilty of conduct deserving of sanction pursuant to the Registered Nurses Act, in particular Sections 18 (c)(i), (ii), (v). Pursuant to the Act, the Respondent’s Registered Nurse License and Nurse Practitioner License were suspended for a period of one month, effective October 21, 2011 and subject to terms and conditions, including additional education. The Adjudication Tribunal ordered that the Respondent pay costs to ARNNL in the amount of $4,200.
Decision Summary
In the matter of a Complaint against Brian Budden (the “Respondent”), Registration #16605, and a hearing of the Complaint pursuant to Section 25 of the Registered Nurses Act, 2008 (the “Act”); an Adjudication Tribunal of the Association of Registered Nurses of Newfoundland and Labrador (ARNNL) in a Decision dated November 4, 2011 found the Respondent guilty of conduct deserving of sanction pursuant to the Act, in particular, the following sections:
- 18 (c)(i) professional misconduct, 18 (c)(ii) professional incompetence, and 18 (c)(v) acting in breach of the Nurse Practitioner Regulations, in that on multiple occasions the Respondent prescribed medications that were unauthorized for Nurse Practitioner Practice under the Registered Nurses Act, Nurse Practitioner Regulations (1998) or (2009).
- 18 (c)(i) professional misconduct, 18 (c)(ii) professional incompetence, and 18 (c)(v) acting in breach of the Nurse Practitioner Regulations, in that on multiple occasions the Respondent prescribed medications that were not authorized under the Controlled Drugs and Substances Act (1996).
The conduct deserving of sanction occurred during the period of November 12, 2008 and November 17, 2009 while the Respondent practiced in St. John’s, Newfoundland and Labrador.
Pursuant to section 28(3) of the Act, the Adjudication Tribunal ordered suspension of the Registrant’s Registered Nurse License and Nurse Practitioner License for a one- month period, effective October 21, 2011 subject to terms and conditions summarized as follows:
- The return of the Respondent’s Registered Nurse License shall be conditional upon the Respondent preparing and presenting a written and oral presentation to ARNNL’s Nursing Consultant – Regulatory Services and Advanced Practice demonstrating that the Respondent has knowledge and understanding of the scope of Nurse Practitioner practice.
The return of the Respondent’s Nurse Practitioner License shall be conditional upon:
- the Respondent arranging with his employer for the ARNNL to conduct periodic chart audits for a period of one year;
- the Respondent arranging a meeting with a representative from ARNNL, his employer, his collaborating physician as well as others specified in the Order to review the Registrant’s practice concerns giving rise to the Complaint; and
- ARNNL’s Nursing Consultant – Regulatory Services and Advanced Practice being satisfied that the Respondent fully understands the scope of his Nurse Practitioner practice.
- The Adjudication Tribunal further ordered the Respondent to successfully complete the following courses:
- “Roles of Nurse Practitioners in Primary Health Care” at Memorial University; and
- “Documentation in Nursing” at Grant MacEwan University, Centre for Professional Nursing Education.
The Respondent’s failure to successfully complete the courses or failure to enroll in the courses (or alternate courses as designated by ARNNL) shall constitute a breach of the Order of the Adjudication Tribunal.
The Adjudication Tribunal ordered that the Respondent pay costs to ARNNL in the amount of $4,200.