Committee: Discipline
Decision Date: 14 Dec 2017
Summary:
On December 14, 2017, the Discipline Committee found that Dr. Chee Choon Lee committed an act of professional misconduct, in that has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all of the circumstances, would reasonably be regarded by members as disgraceful, dishonorable, or unprofessional.
Patient A
Patient A saw Dr. Lee from approximately 2000 until July 2014. Patient A alleged that prior to July 2014, Dr. Lee had touched her shoulders and legs, which she did not feel was for a medical purpose. Patient A further alleged that when she thanked Dr. Lee, he responded by saying “How will you thank me?” which comment she believed was sexual in nature. Patient A also alleged that at an appointment in July 2014, Dr. Lee came close to her, put his hands on her shoulders and kissed her on the lips.
Given that Patient A had ongoing problems with rheumatoid arthritis which caused pain and swelling in her joints and the examinations recorded in Patient A’s medical record, the Discipline Committee was satisfied that Dr. Lee performed appropriate medical examinations, which would have involved touching of the shoulders and legs of Patient A.
The Committee was not persuaded that Dr. Lee uttered the words “How will you thank me?” in the manner described by Patient A. The Committee found no support in evidence to assign a sexual connotation to the alleged words.
The Committee found that Dr. Lee did not kiss Patient A on the lips. The Committee accepted that Dr. Lee was sufficiently close to Patient A that a movement of her head resulted in a lipstick smear on his cheek. The Committee found no support in the evidence that Dr. Lee wanted a sexual relationship with her. Given Dr. Lee’s management and involvement in Patient A’s medical problems over the years, the Committee found that Dr. Lee made a supportive gesture toward Patient A. A physician’s gesture of empathy or support was, in the view of the Committee, understandable in the circumstances.
Nevertheless, the Committee found that Dr. Lee came too close to Patient A for no medically justifiable reason, and in doing so, he behaved unprofessionally and made her feel uncomfortable. The Committee found that by being in such close proximity to Patient A for no medical purpose, Dr. Lee has engaged in an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
Patient B
On January 30, 2017, the Inquiries Complaints Reports Committee issued an Order requiring Dr. Lee to have a female monitor, who is a regulated health professional, present for all professional encounters with female patients. Dr. Lee did not arrange for a monitor; he modified his practice to see only male patients.
In May 2017, Dr. Lee saw Patient B when she attended with her husband and administered an injection of Prolia for osteoporosis.
Patient B received the first of two injections of Prolia for osteoporosis in November 2016 and has not seen Dr. Lee since that time. She was due to have a second injection in May, 2017. Although Dr. Lee’s office staff had called her residence a number of times to cancel the appointment, no-one answered the telephone. In May, 2017, she requested to have the shot administered, but this was refused by clinic staff.
Patient B’s accompanied her husband to see Dr. Lee for a follow up appointment. They saw the sign in the office indicating that Dr. Lee was not to see female patients without a monitor, but thought it was fine as she was with her husband. Patient B was upset and crying as she was concerned about not receiving the injection. Her husband begged Dr. Lee to give her the injection, which Patient B had brought with her. Dr. Lee deferred for a while, but then administered the injection in Patient B’s upper arm.
Dr. Lee neither submitted a billing for Patient B in May, 2017, nor did he make a note on her chart. Dr. Lee did not dispute that he administered an injection to Patient B and that this constituted a contravention of the ICRC Order dated January 30, 2017.
The Committee stated that while this particular transgression may appear minor, the College relies on the honesty and integrity of its members to abide by orders of its Committees to regulate the profession in the public interest. The ICRC orders and the orders of other College Committees are made to ensure safety of the public. When, as here, there is a failure by a member to adhere to such an Order, in a non-emergency circumstance, where reasonable treatment alternatives are available, and where care is not critical in terms of patient safety, this constitutes professional misconduct and sanction must follow.
The Committee found that Dr. Lee engaged in disgraceful, dishonourable or unprofessional conduct by breaching the Order of the ICRC dated January 30, 2017.
Disposition
On November 27, 2018, the Discipline Committee ordered that:
- The Registrar suspend Dr. Chee Choon Lee’s certificate of registration for a period of three (3) months, to commence 15 days from the date of this order.
- Dr. Lee is required to appear before the panel to be reprimanded.
- Dr. Lee pay to the College costs in the amount of $21,180.00 within 30 days of the date of this Order.
Decision: Download Full Decision (PDF)
Hearing Date(s): Third Party Records Motion: August 23, 2017
Hearing Dates:September 19-22, 2017
Penalty Hearing date: May 28, 2018