Dialogue Volume 14 Issue 4 2018 - Page 67

DISCIPLINE SUMMARIES Selvan’s children alternated between Dr. Kaveri Sel- van and the family member in 2013. In March 2014, the court granted Dr. Kaveri temporary sole custody of the children. The court’s order remains in force. While Dr. Kaveri’s paramount concern at the time was the safety of his children, he acknowledges his actions should have respected the family member’s privacy in her personal health information. ORDER The Committee ordered: a two-month suspension on Dr. Kaveri Selvan’s certificate of registration; suc- cessful completion of a course on medical ethics; a reprimand; and payment to the College for costs in the amount of $5,500. For complete details, 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. Kaveri Selvan waived his right to an appeal and the Committee ad- ministered the public reprimand. DR. ATUL KESARWANI PRACTICE LOCATION: Toronto AREA OF PRACTICE: Plastic Surgery HEARING INFORMATION: Admission; Agreed Statement of Facts; Joint Submission on Penalty On January 5, 2018, the Discipline Committee found that Dr. Kesarwani committed an act of pro- fessional misconduct in that he engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as dis- graceful, dishonourable or unprofessional. Dr. Kesarwani is a physician practising plastic sur- gery in an out-of-hospital premises (OHP) and in a public hospital in Toronto. He received his specialist qualification in plastic surgery in 1987. Dr. Kesar- wani was certified as a specialist by the Royal College of Surgeons of Canada in 1988. Dr. Kesarwani has been the Medical Director of an OHP, Cosmedical Rejuvenation Clinic since it began operating in Toronto in 2006. Cosmedical provides facial plastic and cosmetic procedures, as well as other cosmetic surgeries. Mandatory standards for OHP premises are set out in Program Standards authorized under O. Reg. 114/94, made under the Medicine Act, 1991. As set out in Standards 2.1.2 and 2.2.4, any member planning to operate a premise as an OHP, or planning to move an existing OHP, must notify the College. The premises must be inspected and receive either a “Pass” or “Pass with conditions” from the College’s Premises Inspection Committee (PIC) prior to provid- ing OHP services to patients. This requirement applies without exception to all OHP premises. The only mechanism set out in the Standards for initiating this process is notification by a member to the College. Dr. Kesarwani moved his OHP in March 2016 and failed to notify the Program. When Program staff contacted his clinic in early August 2016 to schedule a five-year assessment, the clinic reported a different address than the one that had been inspected and approved by the Program. When further inquiries were made, Dr. Kesarwani mis- led Program staff on the telephone as to the date of the move, stating the OHP had only moved in August 2016. The Premises Inspection Committee (PIC) ordered an unannounced inspection. Dur- ing the unannounced inspection, Dr. Kesarwani admitted to the assessor that the clinic had moved in March 2016 but claimed that no OHP proce- dures had been performed since that time. A review of the clinic’s surgical logs revealed that, in fact, OHP procedures had been performed since March 2016, contrary to Dr. Kesarwani’s assertion, which he retracted. Following the inspection, the prem- ises received a Fail from PIC due to the failure to report the move and various technical deficiencies. A second inspection conducted in October 2016 also resulted in a Fail from PIC due to outstanding technical deficiencies. The premises received a Pass with Conditions in January 2017. The Committee noted that it is a very serious act of professional misconduct to mislead the College. The College relies on self-reporting in the OHP program and Dr. Kesarwani’s dishonesty impeded the Col- lege’s regulatory function. ISSUE 4, 2018 DIALOGUE 67