Committee: Discipline
Decision Date: 08 Apr 2015
Summary:
On April 8, 2015, the Discipline Committee found that Dr. Lowe committed an act of professional misconduct in that he has 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 disgraceful, dishonourable or unprofessional.
Dr. Lowe admitted that he breached an undertaking entered into with the College on November 19, 2012, by failing to complete an educational program in communications facilitated by the College.
In June 2011, the College received information from Dr. X, Chief of Staff, stating that he had suspended Dr. Lowe’s hospital privileges. The suspension arose out of staff concerns regarding Dr. Lowe’s communications and conduct. As a result, the College commenced an investigation into Dr. Lowe’s practice.
The Inquiries, Complaints and Reports Committee (ICRC) directed the negotiation of an undertaking that addressed their concerns about Dr. Lowe’s conduct and communication skills. In the undertaking, signed November 19, 2012, Dr. Lowe agreed to “to participate in and successfully complete”: (a) an educational program in communications facilitated by the College, to be completed within six months; and (b) the “Crucial Conversations” course offered by the OMA’s Physician Workplace Support Program on December 17 and 18, 2012.
Dr. Lowe attended the “Crucial Conversations” course on the dates he committed to in the undertaking. Following its completion, a College compliance monitor wrote to Dr. Lowe to provide him with the details of the College’s communications course with Dr. Y (Ph.D.). She informed him that he was “required to attend two individualized Physician-Patient Communication educational 3-4 hour sessions with Dr. Y…and one follow-up `reinforcement’ session approximately three months after your final educational session…”
In February 2013, Dr. Y informed the College compliance monitor that Dr. Lowe had still not contacted her to enrol in the sessions. Dr. Y also experienced problems in setting up appointments with Dr. Lowe. When Dr. Y responded to Dr. Lowe’s request for dates, he did not reply. Dr. Y also informed the compliance monitor that Dr. Lowe failed to show up for his scheduled appointment with her in June 2013.
In September 2013, Dr. Lowe was advised that his failure to comply with the order that he attend the College’s communications course would be considered by the ICRC. Subsequently, the ICRC referred allegations of professional misconduct to the Discipline Committee.
In November 2014, Dr. Y informed the College that Dr. Lowe had completed three, two-hour sessions. The only outstanding session was the one follow-up reinforcement session. Dr. Lowe emailed Dr. Y in October 2014, but did not respond to her request to meet on the dates she provided to him.
Dr. Lowe failed to attend the hearing scheduled to proceed before the Discipline Committee on November 19, 2014. At that time, Dr. Lowe did not provide an explanation for failing to attend and, as of the date of the hearing, had still not complied with the undertaking to successfully complete the course. The Discipline Committee adjourned the hearing on an indefinite basis, and as a term of the adjournment, made an order suspending Dr. Lowe’s certification of registration until such time as the Discipline Committee disposed of the matter.
In January 2015, Dr. Y informed the compliance monitor that Dr. Lowe had completed the “final session”.
Recently, although such events do not excuse his actions, Dr. Lowe informed the College that events in his personal life contributed to his significant delay in complying with the undertaking and being responsive to the College.
The Committee ordered and directed that:
• Dr. Lowe appear before the panel to be reprimanded.
• Dr. Lowe reimburse the College in the amount of $3,418.25 for services rendered to Dr. Lowe by Dr. Y. The amount is payable within twelve (12) months from the date of this Order.
• Dr. Lowe pay costs to the College in the amount of $8,920 within twelve (12) months from the date of this Order.