Le, David (CPSO#: 53033)

Current Status: Active Member as of 09 Jul 2010

CPSO Registration Class: Restricted as of 26 Feb 2009

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English, Vietnamese

Education:Medical and Pharmaceutical University, 1978

Practice Information

Primary Location of Practice
SMC Medical Clinic
Unit B5-2
888 Dundas Street East
Mississauga ON  L4Y 4G6
Phone: (905) 566-8988
Fax: (905) 273-7813
Electoral District: 05

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 15 Jun 1983
Expired: Terms and conditions of certificate of registration Expiry: 14 Jun 1984
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 27 Aug 1986
Transfer of class of certificate to: Restricted certificate Effective: 26 Feb 2009
Terms and conditions amended by Discipline Committee Effective: 04 May 2010
Terms and conditions amended by Discipline Committee Effective: 09 May 2010
Suspension of registration removed Effective: 09 Jul 2010

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Discipline Committee Effective: 04 May 2010 Active View Details [+]
            As from 11:59 p.m., May 4, 2010, by order of the Discipline Committee of the
            College of Physicians and Surgeons of Ontario, the following terms, conditions
            and limitations are imposed on the certificate of registration held by Dr.
            David Le:

                  (a)   Dr. Le shall successfully complete, at his own expense, the
                        College's Medical Ethics and Informed Consent Course, the College's
                        Understanding Boundaries and Preventing Boundary Violations in the
                        Doctor-Patient Relationship Course and the College's Communications
                        Course on the next available dates, and provide proof thereof to
                        the College. 
                  
                  (b)   Dr. Le shall complete, at his own expense and within 6 months of
                        the date of the Order, an educational program satisfactory to the
                        College in the conduct of intimate examinations, such as breast,
                        pelvic and rectal examinations, in which Dr. Le's conduct of such
                        examinations is observed by the instructing physician and Dr. Le is
                        provided with feedback.  
                  
                  (c)   Dr. Le shall not perform any intimate examinations of female
                        patients, such as breast, pelvic or rectal examinations, unless in
                        the presence of a female chaperone (the "Practice Monitor") in
                        accordance with the following requirements: 

                        (i)   The Practice Monitor shall be a member of a registered health
                              profession pursuant to the Regulated Health Professions Act,
                              1991, S.O. 1991, c. 18, as amended, who is approved by the
                              College and who has executed an undertaking with the College; 
                  
                        (ii)  The Practice Monitor shall initial each patient chart for
                              which they are present and there will be a second written
                              record kept chronologically for each patient seen (the
                              "Log"). The Log shall be kept by Dr. Le and initialed by the
                              Practice Monitor who was present during the encounter. Dr. Le
                              shall ensure that contemporaneously with any intimate exam of
                              a female patient, the Practice Monitor initials the Log in
                              addition to the patient chart;
                  
                        (iii) Dr. Le shall place a sign in his waiting room and each of the
                              examination rooms in his office stating that Dr. Le shall not
                              conduct any intimate examination of female patients without
                              the presence of another female registered health professional
                              throughout the examination. This signage shall be written in
                              both English and Vietnamese. 
                  
                        (iv)  Dr. Le shall provide his irrevocable consent to the College
                              to make appropriate inquiries of the Ontario Health Insurance
                              Plan in order for the College to monitor compliance with this
                              term, condition and limitation; and
                  
                        (v)   Dr. Le shall bear any costs associated with this term,
                              condition and limitation.

Previous Discipline Hearings

Committee: Discipline
Decision Date: 04 May 2010
Summary:

On May 4, 2010, the Discipline Committee found that Dr. Le 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. Le had been Patient 1's family physician since she was an infant. In 2007, when Patient 1 was 
16 years old, she attended at Dr. Le's office. In the course of this visit, Dr. Le inappropriately 
conducted a rectal exam on Patient 1 without obtaining her informed consent to do so. Patient 1 
felt violated and confused by this examination. 
 
Dr. Le saw Patient 2 for the first time in 2000, when Patient 2 was 16 years old. In the course of 
this visit, Dr. Le inappropriately conducted a rectal exam on Patient 2 without obtaining her 
informed consent to do so. Following the examination, Patient 2 felt violated and confused. 
 
Dr. Le admitted that he did not communicate clearly and adequately with Patient 1 and Patient 2 
regarding the nature and purpose of the examination he was conducting, which resulted in the 
patients misunderstanding the purpose of those examinations and why he was conducting them. 
Dr. Le also acknowledged that it was inappropriate for him to assist Patient 1 and Patient 2 in 
disrobing. 
 
The Discipline Committee ordered and directed that: 
 
1.    Dr. Le appear before the panel to receive a public reprimand. 
 
2.    The Registrar suspend Dr. Le's certificate of registration for a period of two (2) months, 
      to commence May 9, 2010. 
 
3.    The Registrar impose the following terms, conditions and limitations on Dr. Le's 
      certificate of registration: 
 
      (a)   Dr. Le shall successfully complete, at his own expense, the College's Medical 
            Ethics and Informed Consent Course, the College's Understanding Boundaries and 
            Preventing Boundary Violations in the Doctor-Patient Relationship Course and 
            the College's Communications Course on the next available dates, and provide 
            proof thereof to the College.  
 
      (b)   Dr. Le shall complete, at his own expense and within 6 months of the date of the 
            Order, an educational program satisfactory to the College in the conduct of 
            intimate examinations, such as breast, pelvic and rectal examinations, in which 
            Dr. Le's conduct of such examinations is observed by the instructing physician 
            and Dr. Le is provided with feedback.   
 
      (c)   Dr. Le shall not perform any intimate examinations of female patients, such as 
            breast, pelvic or rectal examinations, unless in the presence of a female chaperone 
            (the "Practice Monitor") in accordance with the following requirements:  
  
            (i)   The Practice Monitor shall be a member of a registered health profession 
                  pursuant to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, 
                  as amended, who is approved by the College and who has executed an 
                  undertaking with the College;  
 
            (ii)  The Practice Monitor shall initial each patient chart for which they are 
                  present and there will be a second written record kept chronologically for 
                  each patient seen (the "Log"). The Log shall be kept by Dr. Le and 
                  initialed by the Practice Monitor who was present during the encounter. 
                  Dr. Le shall ensure that contemporaneously with any intimate exam of a 
                  female patient, the Practice Monitor initials the Log in addition to the 
                  patient chart; 
 
            (iii) Dr. Le shall place a sign in his waiting room and each of the examination 
                  rooms in his office stating that Dr. Le shall not conduct any intimate 
                  examination of female patients without the presence of another female 
                  registered health professional throughout the examination. This signage 
                  shall be written in both English and Vietnamese.  
 
            (iv)  Dr. Le shall provide his irrevocable consent to the College to make 
                  appropriate inquiries of the Ontario Health Insurance Plan in order for the 
                  College to monitor compliance with this term, condition and limitation; 
                  and 
            (v)   Dr. Le shall bear any costs associated with this term, condition and 
                  limitation. 
 
4.    Dr. Le pay to the College costs in the amount of $3,650, within 30 days of the date of the 
      Order.  
 
5.    The results of this proceeding are to be included in the Register. 

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): May 4, 2010