Dialogue Volume 13 Issue 3 2017 - Page 71

DISCIPLINE SUMMARIES DR. SWARAN KAUR SYAN PRACTICE LOCATION: Brampton AREA OF PRACTICE: Family Medicine (Cosmetic Practice) HEARING INFORMATION: Agreed Statement of Facts, Admission, Joint Submission on Penalty On May 16, 2016, the Discipline Committee found that Dr. Syan committed an act of professional mis- conduct, in that she engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reason- ably be regarded by members as disgraceful, dishon- ourable, or unprofessional. Breach of the Order of the Discipline Committee At the relevant times with respect to the facts de- scribed below, Dr. Syan maintained a family and cosmetic practice in Sudbury, Ontario. In the past, she also took shifts at walk-in clinics. On April 14, 2015, a panel of the Discipline Com- mittee found that Dr. Syan had failed to maintain the standard of practice of the profession in respect of 20 patients. The Discipline Committee ordered that Dr. Syan’s certificate of registration be suspended for a period of two months, beginning on April 14, 2015. On May 4, 2015, Dr. Syan saw four patients in her cosmetic practice, and on May 5, 2015, she saw a further seven patients. Dr. Syan saw all of these patients in breach of the April 2015 Order of the Discipline Committee which had suspended her certificate of registration. The Committee in the present case found that, in breaching the April 2015 Order, Dr. Syan engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circum- stances, would reasonably be regarded by members as disgraceful, dishonourable, or unprofessional. REASONS FOR PENALTY The Committee concluded that a breach of an order of, or an undertaking to, the College is a serious transgression. Viewed through the lens of protecting both the public and the profession, this misconduct undermines the ability of the profession to self-regu- late in the public interest. The Committee was particularly concerned that this was the third time Dr. Syan had breached an undertaking or order. Her two other breaches were as follows: 1. In 2009, Dr. Syan entered into an undertaking with the College to cease practising mesotherapy. On July 25, 2012, the ICRC found that Dr. Syan had breached her undertaking by providing Lipodissolve, which is constitutionally similar to mesotherapy, from the time of her undertaking in 2009 until 2011. 2. Dr. Syan’s second breach of an undertaking oc- curred in 2013, after she had entered into an un- dertaking to undergo a preceptorship in cosmetic record-keeping for 12 months. Dr. Syan ceased meeting with her preceptor after only five months and did not notify the College. Dr. Syan resumed her preceptorship only after the College advised her that she must do so. Counsel for both the College and Dr. Syan agreed that her breach of the order suspending her cer- tificate of registration in May 2015 may have been unintentional. Dr. Syan had previously been subject to an interim (Section 37) order which required supervision of her family and walk-in practice. The interim order did not affect her cosmetic practice. It is plausible that Dr. Syan thought the order imposed by the Discipline Committee did not include her cosmetic practice. Although her breach may have been unintentional, the Committee considered that this did not negate the gravity of breaching an order of the Discipline Committee. The Committee found there were several mitigating factors in this case. Dr. Syan voluntarily disclosed her breach to her preceptor. After being informed that she could not see patients in her cosmetic practice, she ceased doing so, and instructed her counsel to in- form the College of the breach. Dr. Syan has admit- Full decisions are available online at www.cpso.on.ca. Select Doctor Search and enter the doctor’s name. ISSUE 3, 2017 DIALOGUE 71