Yu, Tsai Hsing (CPSO#: 53778)

Current Status: Suspended as of 01 Dec 2017

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
Practice Address Not Available
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

Practice Restrictions

Registration Status: Suspended     Effective From: 01 Dec 2017


Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 01 Dec 2017 Active

Previous Discipline 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.

Hearing Date(s): November 24, 2017

Concerns

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