Previous Hearings
Committee: Ontario Physicians and Surgeons Discipline Tribunal
Decision Date: 04 Mar 2024
Summary:
On March 4, 2024, the Tribunal found that Dr. Li:- Failed to maintain the standard of practice of the profession in relation to completing Accessible Parking Permit applications;
- Engaged in disgraceful, dishonourable or unprofessional conduct and contravened a term, condition or limitation on his certificate of registration by engaging in clinical encounters with female patients, including in relation to completing Accessible Parking Permit applications for female patients; and
- Engaged in disgraceful, dishonourable or unprofessional conduct by improperly accepting money in exchange for completing Accessible Parking Permit applications.
The Tribunal ordered that:
- Dr. Li attend before the panel to be reprimanded;
- the Registrar suspend Dr. Li’s certificate of registration for twelve (12) months commencing March 5, 2024 at 12:01 a.m.;
- the Registrar place terms, conditions and limitations on Dr. Li’s certificate of registration;
- Dr. Li pay the College costs in the amount of $6,000 by April 3, 2024.
More detail can be found in the reasons for decision linked below. OPSDT reasons are also available at www.opsdt.ca and https://www.canlii.org/en/on/onpsdt/. The exhibits, including the Agreed Statement of Facts and Admission and Plea of No Contest, can be obtained by contacting the Tribunal Office at [email protected].
Decision: Download Full Decision (PDF)
Hearing Date(s): Merits, Penalty, Reprimand; March 04, 2024
Committee: Discipline
Decision Date: 30 Jul 2007
Summary:
On July 30, 2007, the Discipline Committee found Dr. Li to have committed an act of professional misconduct in that he has engaged in conduct or an act or acts relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. The Committee ordered
1. The Discipline Committee directs the Registrar to suspend Dr. Li's certificate of registration for a period of three (3) months. The suspension shall be from today, July 30 until 12:01 a.m. on October 30, 2007.
2. The Discipline Committee directs Dr. Li to appear before the panel to be reprimanded.
3. The Discipline Committee orders Dr. Li to pay to the College costs in the amount of $2,500.00 within 30 days of the date of the order
4. The Discipline Committee directs the results of this proceeding to be included in the register.
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Jul 30, 2007
Committee: Discipline
Decision Date: 12 Jan 2006
Summary:
On January 12, 2006, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Heung-Wing Li committed acts of professional misconduct in that he failed to maintain the standard of practice of the profession and had engaged in conduct that would be regarded by members of the profession as disgraceful, dishonourable and unprofessional.
On October 2, 2006 and as clarified on April 17, 2007, the Discipline Committee ordered and directed that:
1. Dr. Li shall appear before the Committee to be reprimanded and the fact of the reprimand be recorded on the register.
2. The Registrar suspend Dr. Li's certificate of registration for a period of twenty four months.
The entire period of the suspension to be itself suspended due to the previous thirty four months that Dr. Li has been excluded from practice.
3. Dr. Li complete the College's Boundaries Course within the next twelve months at his
expense.
4. Dr. Li continue in the program of therapy arranged by Dr. X who will provide quarterly reports to the College until Dr. X recommends, and the Registrar agrees, that treatment is no longer necessary. Dr. Li shall ensure that Dr. X executes an undertaking acceptable to the College. If for any reason there is an inability for Dr. X to continue treating Dr. Li, then another psychologist, acceptable to the College, may be substituted.
5. The Registrar impose a term, condition and limitation on Dr. Li's certificate of registration that restricts him to practise as a surgical assistant for at least one year. During this period a physician will be identified in the hospital in which Dr. Li practices who will agree to monitor his performance and behaviour, report to the College every six months and execute an undertaking acceptable to the College.
6. After completion of the College's Boundaries Course and successful completion of therapy with the psychologist, Dr. Li may either continue with a certificate of registration restricted to practise as a surgical assistant or, upon Dr. Li's written request, the Registrar shall impose a permanent term, condition or limitation on his certificate of registration that his general practice is confined to male patients only. Dr. Li will have been out of such practice for four years and the Committee therefore orders that, before the imposition of the term, condition and restriction on his certificate restricting his practice to male patients only, Dr. Li must comply with the requirements of the Changing Scope of Practice policy of the College and submit a program of re education, training and supervision to the Registrar. The program must be approved by the Registrar and successfully completed before the issuance of a certificate of registration restricted to male patients only.
On October 30, 2006, Dr. Li appealed the decision of the Discipline Committee to the Divisional Court.
On July 28, 2008, the Divisional Court allowed Dr. Li's appeal regarding the permanent restriction that his general practice is confined to male patients only in paragraph 6 of the Order. The Divisional Court held that the Discipline Committee has no jurisdiction to order a permanent restriction pursuant to its authority under s.51(2)3 to impose a term, condition and limitation for a specified or indefinite period of time and, therefore, set aside this aspect of the Committee's order. The remainder of the Order is in effect, such that upon Dr. Li's written request, the Registrar shall impose a term, condition or limitation on his certificate of registration that his general practice is confined to male patients only, such term, condition or limitation to remain in effect unless and until varied by the Discipline Committee.
Decision: Download Full Decision (PDF)
Appeal: Decision Altered
Appeal Decision Date: 2008-07-28
Hearing Date(s): Sep 26, 2005
Committee: Discipline
Decision Date: 19 Dec 2002
Summary:
On December 19, 2002:
1. The Discipline Committee found that Dr. Li committed acts of professional misconduct,
a) under clause 51(1)(b.1) of the Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18 (the Code) in that he has sexually abused three female patients; and
b) under paragraph 27.29 of Ontario Regulation 448/90 made under the Health Disciplines Act, R.S.O. 1980 (O.Reg. 448) in that he engaged in sexual impropriety with a patient.
2. The Discipline Committee directs the Registrar to revoke Dr. Li's certificate of registration, such revocation to take effect immediately.
3. The Discipline Committee requires Dr. Li to attend before this panel to be reprimanded.
4. The Discipline Committee requires Dr. Li to post security satisfactory to the College in the amount of $30,000.00, to be held by the College in trust, to guarantee the payment of any amount the College may pay out in respect of funding for therapy and counselling pursuant to section 85.7 of the Code.
5. The Discipline Committee requires Dr. Li to pay part of the costs to the College, fixed in the amount of $20,000.00.
6. The Discipline Committee directs the results of this proceeding to be included in the register.
On January 13, 2003, Dr. Heung-Wing Li filed a notice of appeal to the Division Court, from the findings and decision of the Discipline Committee of December 19, 2002.
On October 1, 2004, the Divisional Court overturned the decision of the Discipline Committee.
Appeal: Decision Overruled
Appeal Decision Date: 2004-10-01
Hearing Date(s): 19 Dec 2002
Committee: Discipline
Decision Date: 21 Jun 1996
Summary:
In June 1996, Dr. Li pleaded guilty to a charge of professional misconduct, in that he failed to maintain the standard of practice of the profession, as defined in s. 27(21) of Ontario Regulation 448/80, as amended, and s. 29(22) of Ontario Regulation 548/90, as amended. The Discipline Committee accepted this plea, and found Dr. Li guilty of professional misconduct.
Consequently, the Committee imposed the following penalty:
a) Dr. Li was to appear before this panel of the Committee to be reprimanded on a date to be directed by the panel;
b) Dr. Li s certificate of registration was to be suspended for a period of three (3) months commencing on July 28, 1996;
c) During the term of the aforementioned suspension or at the earliest opportunity following the completion of the suspension, Dr. Li was to comply with the following:
(i) attend and pay for a mentoring programme on breast health and examinations of up to five days in length with a physician specified by the Discipline Committee who is an expert on breast health and breast disease, and who would design a specialized programme for Dr. Li to address his deficiencies in breast examination;
(ii) attend and pay for a three-day communications skills course specified by the Discipline Committee;
(iii) attend and pay for a one-day record-keeping course specified by the Discipline Committee;
(iv) attend and pay for an assessment at the Physician Review and Enhancement Programme (PREP); and
(v) the three courses referred to in items c (i)(ii)(iii) were to have been completed before PREP if practicable.
(vi) complete all remediation that was identified as being required following completion of the PREP assessment; and
(vii) make arrangements to have forwarded to either the Registrar of the College of Physicians and Surgeons of Ontario or the Director of Professional Enhancement, or their designates, reports of satisfactory completion of the remedial programmes listed in subparagraphs (i)-(vi) of this section of this Order.
(viii) there was to be a practice inspection by a College inspector two years after completion of the suspension. The results of the inspection were to be satisfactory to the Registrar.
In the event that any of the programmes set out in subparagraph (c) was unavailable for any reason, Dr. Li was to complete a suitable alternative programme within the Province of Ontario to be agreed by Dr. Li and the College, and failing agreement as directed by the Registrar or his designate.
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Jun 21, 1996
Concerns
Source:
Member
Active Date: February 4, 2020
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Heung-Wing Li to the College of Physicians and Surgeons of Ontario, effective February 4, 2020:
Dr. Li engaged in a program to re-enter the general practice of medicine. The College received information which raised concerns about Dr. Li’s standard of practice in the course of the re-entry program. As a result:
As of December 3, 2017, Dr. Li will have clinical interactions with no more than five (5) patients per hour, to a maximum of eight (8) hours per day, except that on one (1) day each week he may have clinical interactions to a maximum of ten (10) hours.
Dr. Li will maintain an up-to-date daily log listing every patient seen by him in his general practice each day, including the patient’s name, date of birth, OHIP number, date of appointment or visit, and start and end time of appointment or visit.
Dr. Li will practise under the guidance of a Clinical Supervisor acceptable to the College for at least three (3) months.
Dr. Li’s practice will be assessed by an assessor selected by the College within 12 months of the end of the Clinical Supervision.
In compliance with an order of the Discipline Committee, Dr. Li will have clinical interactions with male patients only.
Source:
Member
Active Date: November 26, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Heung-Wing Li to the College of Physicians and Surgeons of Ontario, effective November 26, 2017:
The College received information regarding Dr. Li’s standard of practice through an assessment conducted as part of the process by which he sought to re-enter general practice. As a result:
Effective December 3, 2017, Dr. Li has voluntarily agreed not to issue new prescriptions or renew existing prescriptions for or administer any of the following substances:
(i)Narcotic Drugs (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(ii)Narcotic Preparations (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(iii)Controlled Drugs (from Part G of the Food and Drug Regulations under the Food and Drugs Act, S.C., 1985, c. F-27);
(iv)Benzodiazepines and Other Targeted Substances (from the Benzodiazepines and Other Targeted Substances Regulations made under the Controlled Drugs and Substances Act., S.C., 1996, c. 19);
(v)All other Monitored Drugs (as defined under the Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22);
and as amended from time to time.
Dr. Li must post a clearly visible sign in the waiting rooms and each examination and consulting room, in all Practice Locations, which states as follows:
IMPORTANT NOTICE
Effective December 3, 2017, Dr. Li has voluntarily agreed not to prescribe or administer any of the following:
-Narcotic Drugs
-Narcotic Preparations
-Controlled Drugs
-Benzodiazepines and Other Targeted Substances
-All other Monitored Drugs
Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca