On March 8, 2012, Fay Wheeler Registration No. 6894 (the “Respondent”) was found guilty of conduct deserving of sanction pursuant to the Registered Nurses Act. The Adjudication Tribunal ordered that the Respondent’s license remain suspended until she completes all conditions, including negative random blood toxicology screens, completion of learning modules and a paper on the code of ethics. Following her return to nursing practice the Respondent must provide an additional four negative blood toxicology screens and must provide a copy of the Order of the Adjudication Tribunal to any future employer and provide written confirmation from the employer that she has complied with this provision of the Order. In addition, the Adjudication Tribunal ordered the Respondent responsible for the partial costs of the ARNNL in its investigation and the hearing of the Application and Complaint in the amount of $12,500.
Decision Summary
In the matter of an Application made by the Association of Registered Nurses of Newfoundland and Labrador (ARNNL) and a Complaint against Fay Wheeler (the “Respondent”), Registration # 6894, and a hearing of the Application and Complaint pursuant to Sections 25 and 31 of the Registered Nurses Act, 2008 (the “Act”); an Adjudication Tribunal of the (ARNNL) in a Decision dated March 8, 2012 found the Respondent guilty of conduct deserving of sanction pursuant to the Act, in particular, the following sections:
- 18 (c )(iii) conduct unbecoming a Registered Nurse, in that the Respondent failed to comply with a previous order of an Adjudication Tribunal; and
- 18(c)(iii) conduct unbecoming a Registered Nurse, and 18 (c )(v) acting in breach of the code of ethics, in that the Respondent was dishonest in her dealings with both her employer and the ARNNL.
The conduct deserving of sanction occurred during the period of November 18, 2009; while the Respondent practiced in St. Anthony, Newfoundland and Labrador, and May, July and August 2010. The Complainant was Labrador-Grenfell Health and the ARNNL.
Pursuant to section 28(3) of the Act, the Adjudication Tribunal ordered the following:
- The Respondent’s license remain suspended until she completes conditions summarized as follows:
- submits to the ARNNL negative random blood toxicology screens over four consecutive month period;
- successfully completes learning modules in professional responsibilities, jurisprudence and ethics;
- successfully completes a paper on the code of ethics and other subject matter specified in the order; and
- The Respondent shall, following the return of her nursing license and her return to nursing practice, provide an additional four negative blood toxicology screens over a 12 month period.
- The Respondent shall provide a copy of the Order of the Adjudication Tribunal to any future employer and shall further provide written confirmation from any future employer to the Director of Professional Conduct Review that she has complied with this provision of the Order.
The Adjudication Tribunal ordered the Respondent responsible for the partial costs of the ARNNL in its investigation and the hearing of the Application and Complaint in the amount of $12,500.
On December 7, 2010, ARNNL Council suspended the practicing license of Fay Wheeler, Registration No. 6894, pending a decision of the disciplinary panel.
On June 26, 2009, the Adjudication Tribunal found Fay Wheeler, Registration No. 6984 (the “Respondent”) in breach of section 18(c) of the Registered Nurses Act. The Adjudication Tribunal ordered conditions for the Respondent to comply with and the Tribunal confirmed that the Order of the Professional Conduct Review Panel rendered March 13, 2008 with respect to the Respondent is still in full force and effect except where so modified by the present order.
On September 3, 2009, the practicing license of Fay Wheeler, Registration No. 6894 was reinstated.
On March 13 2008, Fay Wheeler, Registration No. 6894 (the “Respondent”) was found in breach of Sections 21 (2)(b) and (2)(d) of the Registered Nurses Act. The Panel who oversaw the hearing ordered suspension of the Respondent’s license until she has completed a nursing re-entry program. During the period in which the Respondent’s license to practice nursing is suspended, the Respondent is not to practice nursing in another jurisdiction. Following completion of the program a practicing license will be issued with conditions.