DISCIPLINE SUMMARIES
would produce the records. Some back and forth cor-
respondence ensued between the firm and Dr. Botros
regarding his demands.
The firm felt that a $200 fee for the requested
medical records was unreasonable. The firm offered
$75 for photocopying, and requested a breakdown of
the hourly rate and time spent by the physicians in
reviewing the clinical notes.
Ms. Y testified that Dr. Botros telephoned her at
her office at this point. Ms. Y described Dr. Botros’
manner on the phone to be very rude, unprofession-
al, and unreasonable. Ms. Y found Dr. Botros to be
so intolerable that she wished no further communica-
tion with him.
The Committee found that Dr. Botros’ conduct in
relation to this issue was, at the very least, unprofes-
sional. His delay in producing the requested records
showed a disregard for the interests of his former
patient. His repeated haggling over small amounts of
money, and his evident irritation at having his posi-
tion questioned by the law firm, suggest an attitude
of unfettered entitlement which brings dishonour to
the profession. Dr. Botros’ manner of communica-
tion with the law firm, consisting of barely legible
scrawls returned by fax and one abusive telephone
call, are unacceptable.
ORDER
The Discipline Committee ordered: a four-month
suspension of Dr. Botros’ certificate of registration,
to run concurrently with respect to any unexpired
portion of the suspension imposed by the Discipline
Committee in its decision of February 22, 2016; a
reprimand; successful completion of a program on
individualized instruction on medical ethics; pay-
ment of a fine to the Minister of Finance in the
amount of $20,000; and payment to the College for
costs in the amount of $17,840.
For complete details of the Order, please see the
full decision at www.cpso.on.ca. Select Find a Doctor
and enter the doctor’s name.
At the conclusion of the hearing, Dr. Botros waived his
right of appeal and the Committee administered the
public reprimand.
50
DIALOGUE ISSUE 1, 2018
DR. WING-TAI FUNG
PRACTICE LOCATION: Scarborough
AREA OF PRACTICE: General Practice
HEARING INFORMATION: Admission, Agreed Statement of
Facts; Joint Submission on Penalty
On November 29, 2016, the Discipline Committee
found that Dr. Fung committed acts of professional
misconduct, in that he has been found guilty of an
offence that is relevant to his suitability to practise;
and in that the governing body of a health profes-
sion in a jurisdiction other than Ontario has found
that he committed an act of professional misconduct
that would, in the opinion of the panel, be an act of
misconduct as defined in the regulations.
Dr. Fung, a family physician, practised in Iowa
from 1992 to 2008. Following his retirement from
his Iowa practice in 2008, he returned to Ontario
where he worked until 2014.
On March 27, 2015, Dr. Fung pled guilty in the
District Court of Iowa in Shelby County to the
charge of Assault with Intent to Commit Sexual
Abuse and Indecent Contact with a Child.
On that day, he received a two-year suspended
sentence, was ordered to register as a sex offender, to
immediately surrender his license to practise medi-
cine, and to submit to DNA profiling. Dr. Fung was
also ordered to enter into a plan of restitution for the
payment of all court costs, fines, and victim restitu-
tion.
The factual basis of the plea and sentence was an
admission by Dr. Fung that he touched a 10-year-old
patient on her inner thigh, during a medical appoint-
ment in January 1999, with the purpose of arousing
himself. Dr. Fung was 66 years of age at the time of
the offence.
The Iowa State Board of Medicine took action on
the basis of the criminal finding. Dr. Fung agreed
to the voluntary surrender of his licence. The Board
delivered a citation and warning and imposed a
$10,000 civil penalty on Dr. Fung.