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Murphy, Sandra, RN

Discipline order

Mar 23, 2018

​​CRNBC on March 23, 2018, suspended the registration of Sandra Murphy for six months, as per the decision of a Panel of the Inquiry Committee. This Panel met June 26 and 27, 2017 to examine Ms. Murphy’s conduct relating to her using and retaining specific documents (the "Documents at Issue"), which she had no authority to use or retain.

As set out in its verdict decision, a Panel of the Inquiry Committee found that Ms. Murphy had engaged in professional misconduct

a.

by disclosing the Documents at Issue to the Human Rights Tribunal without client consent and to advance her own complaints against Vancouver Island Health Authority (VIHA, now known as Island Health) and others, and

b.

by refusing to return unredacted versions of the Documents at Issue to VIHA.

Order of the Discipline Committee

The Committee orders the following:

1.

a written reprimand of Ms. Murphy;

2.

that Ms. Murphy's registration be suspended, effective the fifth calendar day after she actually or constructively receives notice of this order, until the later of all of the following events:

 

a.

Ms. Murphy meets all of the following return conditions relating to her returning the Documents at Issue:

 

 

(1)

Ms. Murphy delivers all of the Documents at Issue to VIHA; and

 

 

(2)

Ms. Murphy delivers an affidavit to VIHA and to the Registrar of the College confirming she has not retained within her possession or control any electronic or physical copy of the Documents at Issue, except for any copies that she lawfully obtained from VIHA under the Freedom of Information and Privacy Act;

 

b.

Ms. Murphy meets all of the following educational conditions:

 

 

(1)

Ms. Murphy successfully completes the online course, "Righting A Wrong: Ethics & Professionalism in Nursing" developed by the National Council of State Boards of Nursing, and provides a certificate of completion to the Registrar;

 

 

(2)

Ms. Murphy completes the College's online learning module, "Privacy & Confidentiality in Nursing Practice";

 

 

(3)

Ms. Murphy completes the College's online learning module, "Jurisprudence"; and

 

 

(4)

after completing the above-noted three courses, Ms. Murphy attends, at her own expense, three to five meetings with a practice consultant satisfactory to the Registrar, with the precise number of meetings and their duration to be at the practice consultant's discretion, to learn to apply what she has learned in various scenarios; and

 

c.

the expiry of a six-month suspension period, or the expiry of a five-month period if Ms. Murphy satisfies the Return Conditions within 30 calendar days of the College delivering the Panel's order;

3.

Ms. Murphy must, as a condition of practice,

 

a.

promptly provide to any and every person or institution that employs her, during the 24-month period following the end of her suspension, a copy of the Committee's reasons for decision and order, and

 

b.

promptly provide to the College, at the end of the 24-month period following the end of her suspension, the name and contact information of every person or institution that employed her during that period, and confirmation that she provided a copy of the Committee's reasons for decision and order to each of these persons or institutions.

4.

costs payable to the College in the amount of $34,251.14, to be paid by Sept. 1, 2018.

Background

On Aug. 21, 2013, CRNBC received a letter of complaint from the Director of Aboriginal Health, VIHA (now Island Health), regarding the actions of Ms. Murphy. The complaint alleged that while employed by VIHA between 2003 and 2012, Ms. Murphy took and retained, without authorization, VIHA documents, including documents referencing VIHA staff and patients that contained third-party information (“Documents”).

During the course of CRNBC’s investigation, it was determined that Ms. Murphy continued to retain Documents, without any legal right or authority to do so, following her termination by VIHA on May 4, 2012.

As of March 23, 2018, Ms. Murphy continued to retain Documents without legal right or authority, and, or in the alternative, has refused the requests made by VIHA for the return of the Documents. Ms. Murphy did not attend the hearings into her conduct despite receiving adequate notice, nor did she provide a response to this matter.

Decisions​​