DISCIPLINE SUMMARIES
a member’s certificate of registration, and in that he
has engaged in conduct unbecoming a physician.
Dr. Allendes received his certificate of registration
authorizing postgraduate education from the Col-
lege on July 1, 2010, at which time he commenced
his residency in Emergency Medicine at McMaster
University. Dr. Allendes' certificate of registration
expired on June 30, 2014 in his fourth year of his
postgraduate program. He did not complete his resi-
dency training.
The Discipline Committee found that Dr. Allen-
des breached a term, condition, or limitation on his
certificate of registration and engaged in disgraceful,
dishonourable and unprofessional conduct when,
during his postgraduate studies, he prescribed medi-
cations including Lorazepam and sleeping pills to his
intimate partner, Mr. X, who would then fill the pre-
scriptions and give Dr. Allendes the medication. Dr.
Allendes also directed Mr. X to fill out prescriptions
in Dr. Allendes’ name so that Dr. Allendes could
later deny having written them, as well as to write
prescriptions for Lorazepam in the name of Dr. Y, a
colleague of Dr. Allendes. Dr. Allendes authorized
the prescriptions in breach of his terms, conditions,
and limitations which permitted him to prescribe
only as required for his postgraduate education or his
supervised practice in the Intensive Care Unit.
Dr. Allendes also breached his terms, conditions,
and limitations by prescribing to Dr. Y.
In March 2014, Dr. Allendes placed a 911 call
while waiting to get into a nightclub, alleging that a
person was having a medical emergency. Dr. Allendes
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 physician.
In law, the Discipline Committee must
accept a joint submission on penalty
unless it would be contrary to the
public interest and bring the adminis-
tration of justice into disrepute.
Contested Hearing
The physician denies the allegations.
The College must prove the allegations
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 disagree and a contested
penalty hearing takes place.
Aggravating, Mitigating
Circumstances
Aggravating and mitigating circum-
stances may be considered by the
Discipline Committee in determining
an appropriate penalty. Mitigating and
aggravating circumstances are con-
sidered by the Committee, so that the
penalty imposed is proportionate to
the gravity of the physician’s conduct,
and the degree of responsibility of the
physician. Mitigating circumstances
tend to reduce penalties, whereas
aggravating circumstances tend to
increase penalties.
Aggravating circumstances could
include: a high degree of vulnerability
of the person(s) affected by the physi-
cian’s conduct; a prior disciplinary
history with the College; and a lack of
insight by the physician into his or her
own misconduct.
Mitigating circumstances could
include: a clean disciplinary record; an
admission to the facts underlying the
allegations in advance of a hearing;
cooperating with the investigation; a
demonstration of remorse or regret
about the effects of the misconduct
on others; taking remedial steps on
the physician’s own initiative prior to a
finding or an order by the College.
ISSUE 1, 2019 DIALOGUE
45