Dialogue Volume 11 Issue 1 2015 | Page 52

discipline summaries sary internal examinations and lack of sensitivity to patients’ dignity and privacy are clear in the evidence after 2002 (Patients 3, 4, 8, 9, 10, 16, 17, 18, 19). Dr. Chung cited the same out-dated texts to this Committee that he had referred to in 2002 in support of his out-dated practices. The Committee considered the above to constitute a significant and compelling aggravating factor. The Committee also took into account that Dr. Chung had resigned from the College, no longer holds a certificate of registration and signed an undertaking with the College never to reapply in this or any other jurisdiction. This is a greater sanction than the Committee itself had jurisdiction to order. Accordingly, the Committee is satisfied that Dr. Chung will never again be in a position to provide medical care to patients. Given the current findings and the absence of change over 10 years, the Committee would be satisfied with no less in the circumstances of this case. Protection of the public is thus achieved. The findings and penalty in this matter should clearly inform the profession that such conduct will not be tolerated and that serious consequences will follow this type of behaviour. Order The Discipline Committee ordered and directed that: •  r. Chung appear before the panel to be repriD manded. •  r. Chung pay costs to the College in the amount D of $4,460 within 30 days from the date of this Order. At the conclusion of the hearing, Dr. Chung waived his right to appeal and the Committee administered the public reprimand. Full decisions are available online at www.cpso.on.ca. Select Doctor Search and enter the doctor’s name. 52 DR. ALVIN WAH WING LAU Practice Location: Sarnia Area of Practice: Family Medicine Hearing Information: Agreed Statement of Facts and Admission On December 2, 2013, the Discipline Committee found that Dr. Lau committed an act of professional misconduct, in that he engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. This 2013 finding relates to an earlier Discipline Committee order. On August 21, 2007, the Discipline Committee found that Dr. Lau had committed an act of professional misconduct and failed to maintain the standard of practice of the profession, in that he failed to conduct a physical examination of four obstetrical patients and did not take a history of three of those patients, but noted on the patient record that he had done so. The Discipline Committee ordered, among other things, that Dr. Lau’s certificate of registration be suspended for 12 months (four months of which suspension would itself be suspended if Dr. Lau completed College-approved courses in Ethics and Communications Skills) and that terms, conditions and limitations be placed upon Dr. Lau’s certificate of registration, including that he was required to have a monitor present for all patient encounters. At the discipline hearing on December 2, 2013, Dr. Lau admitted that he failed to comply with the terms, conditions and limitations imposed by the Discipline Committee on his certificate of registration on August 21, 2007, in that he permitted the monitor to be absent from the room in response to specific patient requests. (Dr. Lau testified that these were requests from male patients who had medical questions about their genitals or other sensitive areas.) Dr. Lau also admitted that he did not seek guidance or advice from the College regarding compliance with the 2007 Order of the Discipline Committee where a patient requested that the monitor not be present, and he did not apply to vary the terms of the Order of the Discipline Committee to address situations where a Dialogue Issue 1, 2015 Issue1_15.indd 52 2015-03-19 11:18 AM