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Winter 2020 On Call – Discipline Summary

Note: This article was originally published in our Winter 2020 edition of our On Call newsletter, and has not been updated.

Hearing Information

The hearing was held on November 23, 2019 at the College’s office. The hearing was uncontested and proceeded by way of Agreed Statement of Facts and Joint Submission on Penalty.

Findings

The Discipline Committee found that Ms. Nasrin Bandari Vali committed acts of professional misconduct, in that she had failed to maintain a standard of practice of the profession, and engaged in an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as unprofessional.

 

Failure to Maintain Standard of Practice

It was found that Ms. Bandari Vali:

  • to conduct an in-person assessment of the Client following the Client’s reported concerns on certain dates;

By doing so, it was agreed that Ms. Bandari Vali engaged in conduct that, having regard to all the circumstances, would reasonably be regarded by members as unprofessional.

 

ORDER

The Discipline Committee ordered:

  • An oral reprimand;
  • A one-month suspension on Ms. Bandari Vali’s certificate of registration;
  • Terms, conditions or limitations that Ms. Bandari Vali complete:
    •  A course relating to the management of preterm labour, preterm pre-labour rupture of membranes and pre-labour rupture of membranes (PROM);
    • A 1,500 word reflective paper on the diagnoses and management of the intrauterine growth restriction and small-for-gestational-age fetuses, including a discussion on screening for risk factors;
    • Practise under indirect supervision for a period of six months, which includes consulting with an approved supervisor regarding any clients who report signs or symptoms of PPROM, PROM, preterm labour, or decreased fetal movement; and participating in regular chart reviews.
  • Pay costs to the College costs in the amount of $3,500.00.

At the conclusion of the hearing, Ms. Bandari Vali waived her right to appeal and the reprimand was administered

The Standards

This content is not meant to be a reflection of this Member’s conduct, but rather an opportunity to educate all members on the Standards of Practice relating to supervision.

Midwives often play a role in supervising or mentoring students.  All members are expected to act in accordance with College standards in circumstances where a student relationship is present.

A midwife does not have to be physically present for every client visit or test review, however, they are ultimately responsible and accountable for ensuring that students under their supervision are providing care in accordance with the standards of practice.

The College’s Standard on Record Keeping  sets out the minimum requirements for midwives practising in Ontario.  Midwives in a supervisory role must ensure that any documentation recorded by the student is complete, accurate and in accordance with this standard. This would include, but is not limited to documentation in every examination, all discussions with the Client related to client care, decision-making and any management plans.

The College’s Clinical Education and Supervision Standard sets out that midwives are accountable for the care their students provide. It also sets out that midwives must clearly communicate the student’s level of involvement in client care. It is important to remember that even when under indirect supervision midwives are accountable for the care their students provide and must be fully informed of any assessments, concerns, recommendations and follow-up plans provided to the client prior to the midwifery student concluding the visit.

The Professional Standards for Midwives sets out that all members in a supervisory role should act by role modelling integrity and leadership, facilitating a student’s learning, providing opportunities for consolidating knowledge, and providing honest and objective assessments of their competence.   

Definitions:

Agreed Statement of Facts:

A document negotiated by the College and the Member whereby the College and the Member agree to certain facts of the case. It is filed as an exhibit at the hearing and the content is referred to in the Decision document the Panel prepares.

Joint Submission:

This document is agreed upon by both the Member and College prior to the hearing and proposed to the Panel.  A Discipline panel must accept a joint submission on penalty unless it would be contrary to the public interest and bring the administration into disrepute.