On August 7, 2015, Mr. Imbai signed a consent order agreeing that he would not apply to CRNBC for registration for three years from the date of the order.
Mr. Imbai's registration was cancelled on June 18, 2015 (see notice of cancellation below).
Background
On August 2, 2012 Mr. Imbai entered into a consent agreement with the College agreeing that he would convert his registration to suspended non-practising and would not engage in the practice of nursing as long as the consent agreement was in effect. He failed to inform CRNBC that he obtained new employment in a private home health care provider as the Manager of Clinical Practice the month prior. He continued working as a nurse despite no longer having registration, contrary to law and in violation of the terms of his consent agreement. In February 2013 the Employer learned Mr. Imbai was not eligible to practice. The employer terminated Mr. Imbai’s employment and reported to CRNBC.
The Inquiry Committee issued a citation for a hearing on July 3, 2013 in regards to Mr. Imbai practising as a nurse while under an agreement that he would not practice. The resolution of the citation was that Mr. Imbai proposed to the Inquiry Committee that he would not apply for registration with CRNBC for a period of three years.
The Inquiry Committee accepted the proposal, rescinded the citation, and issued a consent order that prevents Mr. Imbai from applying to CRNBC for registration for a period of three years from the date of the consent order, i.e. August 7, 2018.
The Consent order proposal signed by Mr. Imbai and College counsel sets out the admissions made by Mr. Imbai (page 2).
The documents below indicate that the Registrant obtained employment as a nurse after converting to suspended non-practising registration status. It has since been identified and confirmed that the Registrant obtained new employment prior to converting to suspended non-practising registration status but failed to later remove himself from practise as required by law.
Notice of cancellation
On June 18, 2015, the CRNBC Inquiry Committee directed the CRNBC Registrar to cancel the registration of Abihudi Imbai of Maple Ridge, B.C. (Registration No. 0921770). This decision was issued under section 33(2) of the Health Professions Act.
CRNBC’s primary responsibility is to protect the public. The Criminal Record Review Program (CRRP) determined that Mr. Imbai poses a risk of sexual abuse to vulnerable adults. The CRRP determination of risk was based on Mr. Imbai’s criminal convictions for sexually assaulting two female patients.
As required by section 33(2) of the Health Professions Act the Inquiry Committee conducted an investigation into the CRRP’s determination of risk regarding Mr. Imbai. Upon conclusion of the investigation the Inquiry Committee provided Mr. Imbai with the opportunity to provide his submissions, prior to making their decision about what action to take, if any, under section 33(2).
In reaching its decision and similar to the CRRP, the Inquiry Committee placed emphasis on the fact that Mr. Imbai has not admitted to the sexual misconduct with his patients, despite the criminal conviction, and there has not been any meaningful rehabilitation. As such the Inquiry Committee concurs with the CRRP’s finding that Mr. Imbai poses a risk of sexual abuse to vulnerable adults.
The CRNBC Inquiry Committee determined that there was nothing in Mr. Imbai’s submission that provided them with any confidence that Mr. Imbai understood the magnitude of his conduct and the impact it had on his patients. This lack of self-awareness is inconsistent with the requirements of being a self-regulated professional such as a registered nurse.
Given the existence and nature of the risk posed by Mr. Imbai, simply taking no action would be completely inconsistent with the College’s mandate to protect the public. The CRNBC Inquiry Committee considered whether a limit or condition on practice would be appropriate; however given Mr. Imbai’s lack of insight and lack of rehabilitation, it is the Inquiry Committee’s view that limits or conditions would be insufficient to protect the public interest.
In addition, the varied manner in which nurses practise their profession render conditions or limits on practice requiring chaperoning or direct supervision impractical and, in many circumstances, impossible. The Inquiry Committee also considered the appropriateness of a suspension but concluded that given Mr. Imbai’s lack of insight and rehabilitation, once the suspension was over there would be no ability to protect the public from potential misconduct by Mr. Imbai. As such the Inquiry Committee decided that cancellation of Mr. Imbai’s registration was the appropriate action to take in order to protect the public.