Dialogue Volume 14 Issue 1 2018 - Page 50

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.