discipline summaries tients commented in their victim impact statements that they never received any contact from Dr . James expressing regret for his actions .
Mitigating Factors The Committee took into account that Dr . James has no previous disciplinary history . By pleading no contest to the allegations , he accepted the facts and allegations made against him . This spared the College the time and expense of a contested hearing and avoided causing the emotional turmoil that his patients would suffer if they were required to testify as witnesses . Also , Dr . James cooperated with Toronto Public Health during its investigation and look-back process , as well as with the decolonization procedure . The evidence before the Committee is that there have been no further episodes of infection in the past three years since Dr . James returned to work . He has passed four further inspections between January 2013 and November 2015 , two of which were unannounced . Dr . James did not hide his status as a Staph carrier ; it is significant that he did not know he was one and he fully complied when he was informed of this . Dr . James has demonstrated insight . He has been amenable to remediation and has completed an online infection control course offered by Public Health Ontario in May 2015 . In addition , Dr . James recently moved to a practice in a new clinic , and has received a pass on infection control since his relocation .
In considering the revised joint submission of the parties , the Committee had regard to the legally mandated penalty principles and considered the nature and the circumstances of Dr . James ’ misconduct . The Committee determined that the sanctions and measures of protection in the proposed penalty satisfy the basic principles underlying penalty orders – public protection , maintenance of the integrity of the profession , public confidence in the profession ’ s ability to self-regulate in the public interest , specific and general deterrence , and rehabilitation of the member where possible The 10-month suspension is consistent with past decisions ; the duration of the suspension serves to express the repugnance of Dr . James ’ behaviour by the medical profession . By the reprimand , the Committee expresses publicly its abhorrence of the physician ’ s misconduct . In addition , the penalty permits remediation , which , in this case , involves the appointment of a clinical supervisor who meets monthly with Dr . James for a one-year period , and a preceptor targeting treatment of infection in Interventional Pain Medicine . The various courses required – ethics , communications , record keeping , and infection control – are also imposed with the goal of remediation in mind . The ethics course and the communications course have no time limit , and can be tailored to Dr . James ’ specific needs over time . The public is protected additionally by the requirement of the presence of a health-care practitioner who observes every injection that is administered , and by Dr . James ’ obligation to report any patient infections within seven days . The public is further protected by the requirement of the preceptor and of the clinical supervisor ; the ability to conduct announced and unannounced inspections ; and the planned reassessment of the practice within six months after the end of the suspension . Dr . James ’ undertaking , which addresses infection control procedures , adds to public safety . The fact that Dr . James will not be able to hold the position of Medical Director in any facility ensures he will be under an ongoing degree of clinical supervision . The penalty as a whole seeks to uphold the reputation of the profession and instills confidence in the public that the profession is capable of self-governance .
In summary , the Discipline Committee ordered : a 10-month suspension , terms , conditions and limitations on Dr . James ’ certificate of registration , including the appointment of a clinical supervisor ; a preceptorship ; the presence of a health-care practitioner to monitor and observe all injections ; educational courses in record-keeping , communications and ethics ; a reassessment of his practice ; and unannounced inspections . Dr . James is also prohibited from holding the position of Medical Director in any facility . If Dr . James becomes aware that a patient developed an infection following a procedure that he performed ,
Full decisions are available online at www . cpso . on . ca . Select Doctor Search and enter the doctor ’ s name .
Issue 1 , 2017 Dialogue 53