Yu, Tsai Hsing (CPSO#: 53778)

Current Status: Active Member as of 01 Mar 2018

CPSO Registration Class: Restricted as of 11 Feb 2011

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: Chinese, English, Hakka, Hindi

Education:Utkal University, 1976

Practice Information

Primary Location of Practice
9 Court St
St Catharines ON  L2R 4R3
Phone: (905) 682-2709
Fax: (905) 397-5934
Electoral District: 04
View Professional Corporation Information

Professional Corporation Information

Corporation Name: T. H. Yu Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Mar 14 2003

Shareholders:
Dr. T. Yu ( CPSO# 53778 )

Business Address:
9 Court Street
St Catharines ON  L2R 4R3
Phone Number: (905) 682-2709

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 04 Apr 1984
Transfer of class of certificate to: Restricted certificate Effective: 11 Feb 2011
Terms and conditions amended by member Effective: 27 Jul 2016
Suspension of registration imposed: Discipline Committee Effective: 01 Dec 2017
Suspension of registration removed Effective: 01 Mar 2018

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 27 Jul 2016 Active View Details [+]
            As from July 27, 2016, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Tsai Hsing Yu, in
            accordance with an undertaking and consent given by Dr. Yu to the College of
            Physicians and Surgeons of Ontario:


                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
                                          ("Undertaking")
                  
                                                of
                  
                                    DR.  TSAI HSING YU
                                          ("Dr. Yu")
                  
                                                to
                  
                        COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                          (the "College")
                  
            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "NMS" means the Drug Program Services Branch, the Narcotics Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010,
                  S.O. 2010, c. 22, as amended;
                  
                  "OHIP" means the Ontario Health Insurance Plan.
                  
            (2)   I, Dr. Yu, certificate of registration number 53778, am a member of the
                  College.  The College has received information regarding my standard of
                  practice.
                  I, Dr. Yu, acknowledge that this Undertaking supercedes and replaces the
                  undertaking I signed on February 11, 2011.

            B.    UNDERTAKING

            (4)   Resignation of Prescribing Privileges   

                  (a)   I, Dr. Yu, undertake and agree that I will not issue new
                        prescriptions or renew existing prescriptions for 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); 
                  
                        (A summary of the above-named drugs [from Appendix I to the
                        Compendium of Pharmaceuticals and Specialties] is attached hereto
                        as Schedule "A"; and the current regulatory lists are attached
                        hereto as Schedule "B")
                  
                        (v)   All other Monitored Drugs (as defined under the Narcotics
                              Safety and Awareness Act, 2010, S.O. 2010, c. 22 as noted in
                              Schedule "C");                       
                  
                        and as amended from time to time, with the exception of the
                        following substances which I am permitted to prescribe where
                        clinically indicated:
                  
                        (vi)  Androderm, Axiron, Andrio, Testim, Testosterone, Dexedrine,
                              Adderall XR, Biphentin, Concerta, Ritalin, Strattera, and
                              Vyvanse.
                  
            (5)   I, Dr. Yu, undertake that I will return any supplies of the substances
                  referred to in section (4)(c)(i)-(v) above that are presently in my
                  possession, in any place, to a pharmacy in a safe and secure manner, as
                  stipulated in the College's Policy Number 8-12, "Prescribing Drugs."

            (6)   I, Dr. Yu, undertake to inform the College of each and every location
                  that I practise or have privileges, including, but not limited to,
                  hospital(s), clinic(s) and office(s), in any jurisdiction (collectively
                  my "Practice Location(s)"), within fifteen (15) days of executing this
                  Undertaking.  Going forward, I further undertake to inform the College of
                  any and all new Practice Locations within fifteen (15) days of commencing
                  practice at that location.

            (7)   Posting a Sign 

                  (a)   I, Dr. Yu, undertake that I shall post a sign in the waiting
                        room(s) of all my Practice Locations, in a clearly visible and
                        secure location, in the form set out at Schedule "D."  For further
                        clarity, this sign shall state as follows: 
                  
                                          IMPORTANT NOTICE
                  
                        Dr. Yu must not prescribe any of the following: 
                        -     Narcotic Drugs
                        -     Narcotic Preparations
                        -     Controlled Drugs
                        -     Benzodiazepines and Other Targeted Substances
                        -     All other Monitored Drugs
                  
                        With the exception of the following, which Dr. Yu is permitted to
                        prescribe where clinically indicated:
                  
                        Androderm, Axiron, Andrio, Testim, Testosterone, Dexedrine,
                        Adderall XR, Biphentin, Concerta, Ritalin, Strattera, and Vyvanse.
                  
                        Further information may be found on the College of Physicians and
                        Surgeons of Ontario website at www.cpso.on.ca
                  
                  (b)   I, Dr. Yu, undertake to post a certified translation in any
                        language in which I provide services, of the sign described in
                        section (7)(a) above, in the waiting room(s) of all my Practice
                        Locations, in a clearly visible and secure location, in the form
                        set out at Schedule "D." 
                  
                  (c)   I, Dr. Yu, undertake to provide the certified translation(s)
                        described in section (7)(b), to the College within thirty (30) days
                        of executing this Undertaking.
                  
                  (d)   I, Dr. Yu, undertake that if I elect, after the execution of this
                        Undertaking, to provide services in any other language(s), I will
                        notify the College prior to providing any such services. 
                  
                  (e)   I, Dr. Yu, undertake to provide to the College the certified
                        translation(s) described in section (7)(c) prior to beginning to
                        provide services in the language(s) described in section (7)(d).
                  
            C.    ACKNOWLEDGEMENT

            (8)   I, Dr. Yu, acknowledge that all schedules attached to or referred to in
                  this Undertaking form part of this Undertaking.

            (9)   I, Dr. Yu, acknowledge and agree that I am bound by this Undertaking from
                  the date on which I sign it. 

            (10)  I, Dr. Yu, acknowledge that a breach of any provision of this Undertaking
                  may constitute an act of professional misconduct and/or incompetence and
                  may result in a referral of specified allegations to the Discipline
                  Committee of the College.

            (11)  I, Dr. Yu, acknowledge and agree that I shall be solely responsible for
                  payment of all fees, costs, charges, expenses, etc. arising from the
                  implementation of any of the provisions of this Undertaking.

            (12)  I, Dr. Yu, acknowledge and confirm that I have read and understand the
                  provisions of this Undertaking and that I have obtained independent legal
                  counsel in reviewing and executing this Undertaking, or have waived my
                  right to do so.

            (13)  I, Dr. Yu, acknowledge that this entire Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code. I understand that this Undertaking
                  shall be information on the College's Register that is available to the
                  public during the time period that the Undertaking remains in effect.

            (14)  I, Dr. Yu, acknowledge that the following summary will appear on the
                  College's Register that is available to the public during the time period
                  that this Undertaking remains in effect:

                        Dr. Yu was the subject of a College investigation into his
                        prescribing. As a result of the investigation Dr. Yu must not issue
                        new prescriptions or renew existing prescriptions for 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, with the exception of the
                              following substances which he is permitted to prescribe where
                              clinically indicated:
                  
                        (vi)  Androderm, Axiron, Andrio, Testim, Testosterone, Dexedrine,
                              Adderall XR, Biphentin, Concerta, Ritalin, Strattera, and
                              Vyvanse.
                  
                        Dr. Yu must post a clearly visible sign in the waiting rooms of all
                        his Practice Locations, which states as follows: 
                  
                                          IMPORTANT NOTICE
                  
                              Dr. Yu must not prescribe any of the following: 
                              -     Narcotic Drugs
                              -     Narcotic Preparations
                              -     Controlled Drugs
                              -     Benzodiazepines and Other Targeted Substances
                              -     All other Monitored Drugs
                  
                              With the exception of the following, which Dr. Yu is
                              permitted to prescribe where clinically indicated:
                  
                              Androderm, Axiron, Andrio, Testim, Testosterone, Dexedrine,
                              Adderall XR, Biphentin, Concerta, Ritalin, Strattera, and
                              Vyvanse.
                  
                              Further information may be found on the College of Physicians
                              and Surgeons of Ontario website at www.cpso.on.ca
                  
            D.    CONSENT

            (15)  I, Dr. Yu, undertake and agree that I will submit to, and not interfere
                  with, unannounced inspections of my Practice Location(s) and patient
                  charts by the College and to any other activity the College deems
                  necessary in order to monitor my compliance with the provisions of this
                  Undertaking.

            (16)  I, Dr. Yu, give my irrevocable consent to the College to make appropriate
                  enquiries of OHIP, NMS, and any person who or institution that may have
                  relevant information, in order for the College to monitor my compliance
                  with the provisions of this Undertaking.

            (17)  I, Dr. Yu, acknowledge that I have executed the OHIP and NMS consent
                  forms, attached hereto as Schedule "E" and Schedule "F", respectively.

            (18)  I, Dr. Yu, give my irrevocable consent to the College to provide this
                  Undertaking to any Chief(s) of Staff, or a colleague(s) with similar
                  responsibilities, at any Practice Location ("Chief(s) of Staff"), and to
                  provide said Chief(s) of Staff with any information the College has that
                  led to the circumstances of my entering into this Undertaking and any
                  information arising from the monitoring of my compliance with this
                  Undertaking.

Previous Hearings

Committee: Discipline
Decision Date: 24 Nov 2017
Summary:

On November 24, 2017, the Discipline Committee found that Dr. Tsai Hsing Yu committed an 
act of professional misconduct, in that he has engaged in 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. Yu is a family physician who graduated from medical school at Utkal University in India in 
1976. He obtained a certificate of registration authorizing independent practice from the College 
of Physicians and Surgeons of Ontario (the “College”) on April 4, 1984. Dr. Yu carries on a 
family and walk-in practice in St. Catharines, Ontario. 
 
2016 Undertaking    
 
On July 27, 2016, as a result of a College investigation, Dr. Yu entered into an Undertaking with 
the College. Pursuant to the 2016 Undertaking, Dr. Yu agreed not to issue new prescriptions or 
renew existing prescriptions for any narcotics, controlled or monitored drugs, or benzodiazepines 
or other targeted substances, with the exception of certain specified drugs which he is permitted 
to prescribe where clinically indicated. 
 
Breach of the 2016 Undertaking 
 
Between September and November 2016, inclusive, Dr. Yu renewed prescriptions for controlled 
substances for three patients on three occasions: 
 
      ?  In October 2016, Dr. Yu renewed a prescription for Sublinox for Patient A; 
      ?  In September 2016, Dr. Yu renewed a prescription for Lorazepam for Patient B; and 
      ?  In November 2016, Dr. Yu renewed a prescription for Lorazepam for Patient C. 
 
Lorazepam and Sublinox (also known as zolpidem tartrate) are Class 1 Targeted Substances 
listed in the Benzodiazepines and Other Targeted Substances Regulations made under the 
Controlled Drugs and Substances Act. These substances are not among the specified drugs Dr. 
Yu is permitted to prescribe pursuant to his 2016 Undertaking. By authorizing these prescription 
renewals, Dr. Yu breached his 2016 Undertaking with the College. 
 
Penalty 
 
The following facts about Dr. Yu’s history with the College were presented during the penalty 
portion of the hearing:   
 
In 1994, as a result of a College investigation, Dr. Yu agreed to relinquish his prescribing 
privileges with respect to narcotics and controlled drugs pursuant to the provisions of the 
legislation in place at that time. A letter requesting voluntary termination of these privileges was 
sent to Health Canada early in 1995.  
 
In 2009, Dr. Yu requested an amendment to his prescribing restriction. On February 11, 2011, 
Dr. Yu signed an undertaking with the College which modified his prescribing restriction 
(“2011 Undertaking”). Pursuant to the 2011 Undertaking, Dr. Yu continued to be prohibited 


 
                                        - 2 - 

from prescribing narcotics and other targeted substances, but he was permitted to prescribe 
stimulants for the treatment of ADHD, long-acting narcotics for terminal patients, and 
Androgenic Steroid Replacement.   
 
In December 2015, after receiving information regarding Dr. Yu’s prescribing, the College 
commenced an investigation. In April 2016, a College investigator requested that Dr. Yu respond 
to the concern that he appeared to have breached his 2011 Undertaking by prescribing short-
acting narcotics for patients who did not have a terminal diagnosis. In May 2016, Dr. Yu 
confirmed that he had prescribed short-acting narcotics to four patients who did not have a 
terminal diagnosis, contrary to the terms of his 2011 Undertaking. Dr. Yu indicated that he 
would consider entering into a new undertaking whereby he would not prescribe any narcotics or 
controlled drugs.  
 
In July 2016, the Inquiries, Complaints and Reports Committee of the College (“ICRC”) 
deferred the matter to permit negotiation of an undertaking with Dr. Yu, which he signed on 
July 27, 2016. On November 18, 2016, upon considering the results of the investigation, the 
ICRC decided to accept Dr. Yu’s 2016 Undertaking. The ICRC also required Dr. Yu to attend 
the College to be cautioned in person regarding his failure to comply with his practice 
restrictions by breaching the 2011 Undertaking.   
 
Disposition 
 
On November 24, 2017, the Discipline Committee ordered and directed on the matter of penalty 
and costs that: 
 
-  The Registrar suspend Dr. Yu’s certificate of registration for a three month period, to 
   commence at 12:01 a.m. on December 1, 2017. 
-  Dr. Yu appear before the panel to be reprimanded. 
-  Dr. Yu pay costs to the College in the amount of $5,500.00 within thirty (30) days of the date 
   this Order.

Decision: Download Full Decision (PDF)
Hearing Date(s): November 24, 2017

Concerns

Source: ICR Committee
Active Date: November 1, 2017
Expiry Date:
Summary:
Caution-in-Person and Specified Continuing Education and Remediation Program

A summary of a decision of the Inquiries, Complaints and Reports Committee (“ICRC”) in which the disposition includes a "caution-in-person" or a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of ICRC. A SCERP is one of the dispositions that the College’s ICRC may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed.

Summaries will be removed from the register if the decision is overturned on appeal or review. This posting requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a Caution-in-Person and a SCERP:

NOTE: This decision has been appealed to the Health Professions Appeal and Review Board.
Download Full Document (PDF)


Source: ICR Committee
Active Date: November 1, 2017
Expiry Date:
Summary:
Specified Continuing Education and Remediation Program:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College By-laws to be posted on the register, along with a note if the decision has been appealed. A SCERP is one of the dispositions that the College’s Inquiries, Complaints and Reports Committee may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a SCERP:
Download Full Document (PDF)


Source: ICR Committee
Active Date: November 18, 2016
Expiry Date:
Summary:
Caution-in-Person:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of the Committee. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a caution-in-person.

NOTE: This decision has been appealed to the Health Professions Appeal and Review Board.
Download Full Document (PDF)


Source: ICR Committee
Active Date: November 18, 2016
Expiry Date:
Summary:
Caution-in-Person:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of the Committee. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a caution-in-person.
Download Full Document (PDF)


Source: Member
Active Date: July 27, 2016
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Tsai Hsing Yu to the College of Physicians and Surgeons of Ontario effective July 27, 2016:

Dr. Yu was the subject of a College investigation into his prescribing. As a result of the investigation Dr. Yu must not issue new prescriptions or renew existing prescriptions for 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, with the exception of the following substances which he is permitted to prescribe where clinically indicated:

(vi) Androderm, Axiron, Andrio, Testim, Testosterone, Dexedrine, Adderall XR, Biphentin, Concerta, Ritalin, Strattera, and Vyvanse.

Dr. Yu must post a clearly visible sign in the waiting rooms of all his Practice Locations, which states as follows:

IMPORTANT NOTICE

Dr. Yu must not prescribe any of the following:
- Narcotic Drugs
- Narcotic Preparations
- Controlled Drugs
- Benzodiazepines and Other Targeted Substances
- All other Monitored Drugs

With the exception of the following, which Dr. Yu is permitted to prescribe where clinically indicated:

Androderm, Axiron, Andrio, Testim, Testosterone, Dexedrine, Adderall XR, Biphentin, Concerta, Ritalin, Strattera, and Vyvanse.

Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca