CNO Lawyer | Nurse Lawyer

Registration

Applying for a certificate of registration at a college can be a rather complex process.

To become a registered nurse in Ontario, you must meet the following requirements:. 

1. Successful completion of a nursing education program.
2. Proof of recent nursing practice.
3. Successful completion of the registration examination.
4. Successful completion of either the RN/RPN Jurisprudence Examination.

After submitting your application, it undergoes a review by the Registrar, who may:

• Grant a registration certificate.
• Issue a registration certificate with specific terms, conditions, or restrictions.
• Issue a registration certificate upon the applicant’s successful completion of designated training or additional examinations.
• Refuse to issue a registration certificate.

Our office can help you compile the necessary information and provide legal guidance on any concerns you may have. If you plan to apply for a certificate from the CNO, please contact us for assistance.

Complaints Process

The College of Nurses of Ontario (“CNO”) receives information regarding a nurse’s professional practice from various sources, including:

• Members of the public.
• Patients of nurses.
• Employers of nurses.
• Colleague nurses.
• Law enforcement.
• Media.
• Anonymous informants.

There are two distinct types of investigations that the College may conduct when information about a nurse is received: Complaints Investigations and Executive Director Investigations.

Complaints investigations are initiated when members of the public report concerns about a nurse’s practice to the College.

When a complaint is received, the College follows these steps:

1. Confirm receipt of the complaint with the complainant, explain the complaints process, and identify the complainant’s concerns.
2. Inform the nurse named in the complaint about the filed complaint and explain the complaints process.
3. If appropriate, attempt to resolve the complaint through an alternative dispute resolution process.
4. If the matter cannot be resolved through alternative dispute resolution, it proceeds to the investigation stage.
5. The College’s investigator gathers information regarding the issues raised in the complaint.
6. Once the investigation is completed, the nurse is provided with copies of the obtained documents and given 30 days to respond with written submissions.
7. The Inquiries, Complaints, and Reports Committee (ICRC) reviews all documents and issues a decision.

Executive Director Investigations are initiated if the College has reasonable grounds to believe that a nurse has engaged in professional misconduct or is incompetent.

The Executive Director will assess whether an investigation is warranted. If not, the College may still provide advice to the nurse or require a meeting with a practice consultant.

Members of the College must report if they believe another member has sexually abused a patient, is incompetent, or incapacitated during their practice.

If the Executive Director determines that a formal Investigation is necessary, the College follows these steps:

1. Confirm receipt of the Report with the source of the information and explain the investigation process.
2. Notify the nurse named in the report about the investigation and explain the process.
3. The College’s alternative dispute resolution process is not available for Executive Investigations.
4. The College’s investigator gathers information about the issues raised in the complaint, which may include interviews with witnesses and compilation of documentation, such as client health records.
5. Following the investigation, the member has the opportunity to respond to the complaint with written submissions.
6. The Inquiries, Complaints, and Reports Committee (ICRC) reviews the information gathered by the investigator, the member’s response, and issues a decision.

The potential outcomes for decisions by the ICRC are consistent for Complaints Investigations and Executive Director Investigations, including:

• Determining that no further action against the registrant is necessary.
• Issuing advice to the nurse about practice standards and conduct.
• Requiring the nurse to appear before the ICRC for a caution.
• Requiring the nurse to complete a Remediation Program.
• Referring the registrant to the Discipline Committee or Fitness to Practise Committee.

These outcomes can have significant financial and personal implications for members. If you have received a complaint from the CNO, please contact us for assistance.

Discipline Committee If the ICRC deems a complaint to be “high risk,” it may be referred to the Discipline Committee.

Before proceeding to a hearing at the Discipline Committee, a pre-hearing may be arranged. A pre-hearing offers the College and the member an opportunity to present their case informally.

In our experience, a college pre-hearing can be useful to:

• Reduce the allegations against a member.
• Reduce the penalties sought against a member.
• Address important legal issues before a trial.

During a Discipline Committee hearing, witnesses may be called, and evidence is presented.

Outcomes from Discipline Committee hearings can include:

• Requiring the nurse to complete remedial education.
• Mandating that the nurse appears in person for a reprimand.
• Requiring the nurse to pay a fine to the Ontario Government.
• Imposing conditions and restrictions on a nurse’s practice.
• Temporarily suspending the nurse from working for a specified period.
• Revoking a nurse’s membership in the College.

These outcomes have substantial public consequences. If your case has been referred to or may be referred to the Discipline Committee, please contact us for assistance.

Member’s Fitness Concerns about a nurse’s fitness to practise can be addressed through various means:

• Referral to the Fitness to Practise Committee.
• The Nurses Health Program.
• Health Inquiry.

The Fitness to Practise Committee specializes in cases where a member’s conduct may be influenced by an ongoing physical or mental health condition.

In our experience, referring a case to the Fitness to Practise Committee can offer several benefits to members because:

• Complaints are typically resolved more discreetly.
• The focus is on ensuring the member’s health.

The Nurses Health Program is a voluntary program for nurses facing substance use and/or mental health disorders that could affect their ability to practice

Work with a Leading CNO Lawyer

In order to ensure you achieve the best possible outcome in your discipline hearings, it’s highly advisable to seek legal advice and representation from professional discipline defence lawyers. 

The team of CNO lawyers at Unified LLP have years of experience performing a variety of tasks critical to protecting your rights and ability to practice, including: 

• Reviewing medical records
• Representing clients before the Health Professions Appeal and Review Board (HPARB)
• Working with expert witnesses to build your defence
• Walking you through every step of the complaint process
• Building a strong defence that leverages all relevant legal and CNO resources

If you’ve been faced with allegations of professional misconduct, contact a team of leading nurse lawyers and professional discipline lawyers today to begin building your defence.

CNO Lawyers and Nurse Lawyers FAQ

Remember, consulting with a qualified CNO lawyer or nurse lawyer is essential when dealing with legal matters related to nursing practice in Ontario. Their expertise and support can be invaluable in protecting your nursing career and professional reputation.