Dialogue Volume 14 Issue 2 2018 - Page 55

DISCIPLINE SUMMARIES to the University. In his response to the College investigation, Dr. Adams confirmed that the student is, in fact, his family member and confirmed that he had written the five medical notes provided to the College by the University. He also confirmed that had provided medical care to his family member. According to Dr. Adams’ family member’s patient charts dating from April 2010 to December 2013 and from April to July 2016, Dr. Adams provided medical treatment for his family member. In addi- tion, he has provided and billed OHIP for treatment for his family member on two occasions in May and July 2016. In his response to the College regarding the OHIP billings, Dr. Adams acknowledged that he ought not to have billed OHIP. Dr. Adams has repaid OHIP for this improper billing. The care that Dr. Adams provided to his fam- ily member violates professional boundaries and is contrary to professional obligations articulated in College policy, which prohibits physicians from pro- viding treatment for themselves or family members except: i) for a minor condition or in an emergency situa- tion, and ii) when another qualified health-care professional is not readily available. These conditions were not present when Dr. Adams What does this mean? We provide definitions for the legal terminology used in the discipline process Admission The physician admits that the facts alleged amount to professional mis- conduct and/or incompetence. Plea of No Contest The physician does not contest the facts. The College files a statement of facts as an exhibit at the hearing. The Discipline Committee can accept the facts as correct and make a finding of professional misconduct and/or incompetence. The physician does not admit to the facts or findings for the purpose of any other proceeding. Agreed Statement of Facts A statement of facts that are negoti- ated and agreed to by the College and the physician. It is filed as an exhibit at the hearing. Joint Submission on Penalty A penalty that is proposed to the Committee as an appropriate penalty by both the College and the physi- cian. In law, the Discipline Committee must accept a joint submission on penalty unless it would be contrary to the public interest and bring the ad- ministration of justice into disrepute. Contested Hearing The physician denies the allegations. The College must prove the allega- tions on a balance of probabilities (the civil standard of proof) by calling evidence such as witnesses. If one or more of the allegations is proved, a penalty hearing is scheduled. The College and the physician may agree and jointly propose a penalty to the Committee or they may disagr VRB6FW7FVBVGV&rFW26Rvw&fFr֗FvFp6&7V7F6W0vw&fFrB֗FvFr6&7VЧ7F6W2&R66FW&VB'FPF66ƖR6֗GFVRFWFW&֖p&&FRVG֗FvFpBvw&fFr6&7V7F6W2&P66FW&VB'FR6֗GFVR6F@FRVG6VB2&'FFPFFRw&fGbFR66( 26ЦGV7BBFRFVw&VRb&W76&ƗGbFR66֗FvFr6&7VЧ7F6W2FVBF&VGV6RVFW2vW&V2vw&fFr6&7V7F6W0FVBF7&V6RVFW2vw&fFr6&7V7F6W26V@6VFSvFVw&VRbgVW&&ƗGbFRW'62ffV7FVB'FRЧ66( 26GV7C&"F66Ɩ'7F'vFFR6VvSB6b6vB'FR66F2 W"v֗66GV7B֗FvFr6&7V7F6W26VBЦ6VFS6VF66Ɩ'&V6&CF֗76FFRf7G2VFW&ǖrFPVvF2Gf6RbV&s6W&FrvFFRfW7FvFFV7G&Fb&V'6R"&Vw&W@&WBFRVffV7G2bFR֗66GV7@FW'3Fr&VVF7FW2FR66( 2vFFfR&"FfFr"&FW"'FR6VvRक55TR"#DuTPS