THE FOLLOWING INFORMATION WAS OBTAINED FROM THE FIND A DOCTOR SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO WWW.CPSO.ON.CA

Date: 22/01/2018 3:27:52 PM

Garcia, Yelian (CPSO#: 88666)

Current Status: Active Member as of 12 Jan 2012

CPSO Registration Class: Restricted as of 07 Oct 2015

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English, Spanish

Education:Saba University School of Medicine, 2008

Practice Information

Primary Location of Practice
Yorkdale Medical Clinic
Unit A 103
11685 Yonge Street
Richmond Hill ON  L4E 0K7
Phone: (905) 770-9057
Fax: (905) 917-0215
Electoral District: 05
View more practice locations

Additional Practice Location(s)

15055 Yonge St
Aurora ON  L4G 6T4
Canada
Phone: 9057272952
County: Regional Municipality of York
Electoral District: 05

270 Doak Lane
Newmarket ON  L3Y 0A5
Canada
Phone: 9058536400
County: Regional Municipality of York
Electoral District: 05

15055 Yonge St
Park Place Manor
Aurora ON  L4G 6T4
Canada
Phone: (905) 727-2952
County: Regional Municipality of York
Electoral District: 05

270 Doak Lane
Renessa Retirement Home
Newmarket ON  L3Y 0A5
Canada
Phone: (905) 853-6400
County: Regional Municipality of York
Electoral District: 05

1755 Brimley Rd
One Care Medical Clinic
Toronto ON  M1P0A3
Canada
Phone: (416) 290-0361
County: City of Toronto
Electoral District: 10

784 Centre St
Thornhill ON  L4J 9G7
Canada
Phone: (289) 588-0973
County: Regional Municipality of York
Electoral District: 05

160 Main St S #6
Brampton ON  L6W 2E1
Canada
Phone: (416) 661-7878
County: Regional Municipality of Peel
Electoral District: 05

784 Centre St
Thornhill ON  L4J 9G7
Canada
Phone: (289) 588-0973
County: Regional Municipality of York
Electoral District: 05
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Dr. Yelian Garcia Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Aug 18 2011

Shareholders:
Dr. Y. Garcia ( CPSO# 88666 )

Business Address:
15055 Yonge Street
Aurora ON  L4G 6T4

Business Address:
270 Doak Lane
Newmarket ON  L3Y 0A5

Business Address:
784 Centre Street
Thornhill ON  L4J 9G7

Business Address:
Yorkdale Medical Clinic
11685 Yonge Street
Room A103
Richmond Hill ON  L4E 0K7
Phone Number: (905) 770-9057

Business Address:
Oak Ridges Medical and
Urgent Care Centre
13291 Yonge Street
Toronto ON  L4E 4L6
Phone Number: (905) 773-7759

Specialties

Specialty Issued On Type
Family Medicine Effective: 14 Dec 2011 CFPC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.

McMaster University, 01 Jul 2008 to 23 Sep 2008
Assessment Verification Period - Orthopedic Surgery

McMaster University, 24 Sep 2008 to 30 Jun 2009
PostGrad Yr 1 - Orthopedic Surgery

McMaster University, 01 Jul 2009 to 31 Jul 2009
PostGrad Yr 2 - Orthopedic Surgery

McMaster University, 01 Aug 2009 to 31 May 2010
PostGrad Yr 1 - Family Medicine

McMaster University, 01 Jun 2010 to 31 May 2011
PostGrad Yr 2 - Family Medicine

Registration History

Action Issue Date
First certificate of registration issued: Pre Entry Assessment Program Certificate Effective: 01 Jul 2008
Transfer of class of registration to: Postgraduate Education Certificate Effective: 24 Sep 2008
Expired: Terms and conditions of certificate of registration Expiry: 31 May 2011
Subsequent certificate of registration issued: Restricted certificate Effective: 18 Aug 2011
Expiry date attached to certificate of registration. Expiry Date: 17 Aug 2014
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 12 Jan 2012
Transfer of class of certificate to: Restricted certificate Effective: 07 Oct 2015
Terms and conditions imposed on certificate by member Effective: 07 Oct 2015

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 07 Oct 2015 Active View Details [+]
            As from October 2, 2015, the following Undertaking, Acknowledgement and Consent
            by Dr. Yelian Garcia is imposed as a term, condition and limitation on the
            certificate of registration held by Dr. Garcia:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                    ("Undertaking")
                  
                                          of
                  
                                    DR. YELIAN GARCIA
                                          ("Dr. Garcia")
                  
                                          to 
                  
                        COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                          (the "College")
                  
                  
                  
                  
            A.    PREAMBLE

            (1)   I, Dr. Garcia, certificate of registration number 88666, am a member of
                  the College.  The College has received information regarding my standard
                  of practice.

            (2)   I, Dr. Garcia, acknowledge that the College has referred to the
                  Discipline Committee, in the matter of College File Numbers 7213751 and
                  7213990, allegations that I was unprofessional, incompetent and/or failed
                  to maintain the standard of practice of the profession in my care of
                  patients and that I engaged in disgraceful, dishonourable or
                  unprofessional conduct with respect to Ms A, with whom I had an intimate
                  and/or sexual relationship, when I prescribed medications and/or provided
                  medical treatment or services for her and sought confidential information
                  about her from a hospital without her consent.  

            (3)   I, Dr. Garcia, have read the Notice of Hearing dated August 19, 2015,
                  which sets out the allegations against me.  I am aware of the College's
                  concern about protecting the public and I understand the nature of the
                  allegations against me.

            (4)   I, Dr. Garcia, acknowledge that the College has accepted this Undertaking
                  in lieu of making an Order under section 37 of the Health Professions
                  Procedural Code, which is Schedule 2 to the Regulated Health Professions
                  Act, 1991, S.O. 1991, c. 18, as amended.

            (5)   I, Dr. Garcia, acknowledge that this Undertaking continues in force until
                  the matters currently referred are finally disposed of by a panel of the
                  Discipline Committee.

            B.    UNDERTAKING

            (6)   I, Dr. Garcia, acknowledge and agree that I am bound by this Undertaking
                  from the date on which I sign it until the matters currently referred are
                  finally disposed of by a panel of the Discipline Committee.


            (7)   Clinical Supervision 

                  (a)   I, Dr. Garcia, undertake to practise under the guidance of a
                        clinical supervisor(s) acceptable to the College (the "Clinical
                        Supervisor(s)").
                  
                  (b)   I, Dr. Garcia, acknowledge that I have reviewed the Clinical
                        Supervisor(s)'s undertaking, attached hereto as Appendix "A", and
                        understand what is required of the Clinical Supervisor(s). The
                        Clinical Supervisor(s) will, at minimum: 
                  
                        (i)   Review at least ten (10) of my patient charts once every two
                              (2) weeks, which shall be selected by the Clinical
                              Supervisor(s) independent of my participation, on the basis
                              of the areas of concern identified in the medical inspector's
                              report(s), dated March 28, 2014, and any concerns that arise
                              during the period of Clinical Supervision;
                  
                        (ii)  Meet with me once every two (2) weeks;
                  
                        (iii) Observe me in practice for  1/2 day (3.5 hours) once every
                              two months;
                  
                        (iv)  Discuss any concerns arising from the chart reviews and
                              observation;
                  
                        (v)   Perform any other duties, such as reviewing other documents
                              or conducting interviews with staff or colleagues, that the
                              Clinical Supervisor(s) deem necessary to my Clinical
                              Supervision; 
                  
                        (vi)  Submit written reports to the College at least once every two
                              (2) months, or more frequently if the Clinical Supervisor(s)
                              has concerns about my standard of practice; and
                  
                        (vii) After a minimum of four (4) months of Supervision and after
                              the College has received a minimum of two (2) reports from
                              the Clinical Supervisor, the Clinical Supervision could be
                              reduced to require a review of ten (10) patient charts every
                              month, with no change in the frequency of observation or
                              reporting, if the following conditions are met, and only
                              after both conditions have been met: 
                  
                              1.    The Clinical Supervisor recommends this reduction in
                                    the volume of charts and frequency of meetings; and
                  
                              2.    The College approves of the reduction. 
                  
                  (c)   I, Dr. Garcia, acknowledge that the charts reviewed shall be
                        selected by the Clinical Supervisor(s) based on the areas of
                        concern identified in the report(s) of the medical inspector dated
                        March 28, 2014, and concerns that may arise during the period of
                        Clinical Supervision.
                  
                  (d)   I, Dr. Garcia, undertake to cooperate fully with the Clinical
                        Supervision of my practice, conducted under the term of this
                        Undertaking and Appendix "A" attached, and to abide by the
                        recommendations of my Clinical Supervisor(s), including but not
                        limited to, any recommended practice improvements and ongoing
                        professional development.
                  
                  (e)   I, Dr. Garcia, undertake to ensure that Appendix "A" to this
                        Undertaking, is signed and delivered to the College within thirty
                        (30) days of the date I execute this Undertaking.   
                  
                  (f)   I, Dr. Garcia, undertake that if a person who has given an
                        undertaking in Appendix "A" to this Undertaking is unable or
                        unwilling to continue to fulfill its provisions, I shall, within
                        twenty (20) days of receiving notice of same, obtain an executed
                        undertaking in the same form from a similarly qualified person who
                        is acceptable to the College and ensure that it is delivered to the
                        College within that time.
                  
                  (g)   I, Dr. Garcia, agree that if I am unable to obtain a Clinical
                        Supervisor on the provisions set out under sections (7)(e) and/or
                        (f) above, I will cease practising medicine until such time as I
                        have obtained a Clinical Supervisor acceptable to the College.  
                  
                  (h)   I, Dr. Garcia, agree that if I am required to cease practise as a
                        result of section (7)(g) above this will constitute a term,
                        condition or limitation on my certificate of registration and that
                        term, condition or limitation will be included on the public
                        register.
                  
            (8)   I, Dr. Garcia, 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.

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

            (10)  I, Dr. Garcia, undertake to comply with this Undertaking and acknowledge
                  that a breach by me 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.

            C.    ACKNOWLEDGEMENT

            (11)  I, Dr. Garcia, acknowledge that all appendices attached to or referred to
                  in this Undertaking form part of this Undertaking.

            (12)  I, Dr. Garcia, acknowledge 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. 

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

            (14)  In the event of an appeal of any order of the Discipline Committee, I,
                  Dr. Garcia, agree that if the Discipline Committee has directed the
                  Registrar to revoke, suspend, or impose terms and conditions on my
                  certificate of registration, that order will take effect immediately
                  despite any appeal.

            (15)  I, Dr. Garcia, acknowledge that this entire Undertaking constitutes
                  terms, conditions, and limitations on my certificate of registration for
                  the purposes of section 23 of the Health Professions Procedural Code,
                  which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O.
                  1991, c. 18, as amended. 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.

            (16)  I, Dr. Garcia, 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. Garcia is the subject of a referral to the Discipline Committee
                        into allegations that he was unprofessional, incompetent and/or
                        failed to maintain the standard of practice of the profession in
                        his care of patients and that he engaged in disgraceful,
                        dishonourable or unprofessional conduct with respect to Ms A, with
                        whom he had an intimate and/or sexual relationship, when he
                        prescribed medications and/or provided medical treatment or
                        services for her and sought confidential information about her from
                        a hospital without her consent.  The allegations have not yet been
                        determined by the Discipline Committee.  Pending the final
                        disposition of the allegations, Dr. Garcia has voluntarily entered
                        into an undertaking with the College providing that he will
                        practise under the guidance of a clinic supervisor acceptable to
                        the College. 
                  
            D.    CONSENT

            (17)  I, Dr. Garcia, give my irrevocable consent to the College to make
                  appropriate enquiries of the Ontario Health Insurance Plan ("OHIP"),
                  and/or any person or institution who may have relevant information, in
                  order for the College to monitor my compliance with the provisions of
                  this Undertaking. 

            (18)  I, Dr. Garcia, acknowledge that I have executed the OHIP consent form,
                  attached hereto as Appendix "B". 

            (19)  I, Dr. Garcia, give my irrevocable consent to the College to provide the
                  following information to all Clinical Supervisors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and 
                  
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (20)  I, Dr. Garcia, give my irrevocable consent to the College to provide this
                  Undertaking to any Chief(s) of Staff, or a colleague with similar
                  responsibilities approved by the College, 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/or any information arising from the monitoring
                  of my compliance with this Undertaking.

            (21)  I, Dr. Garcia, give my irrevocable consent to all Clinical Supervisors
                  and Chiefs of Staff to disclose to the College, and to one another, any
                  information:

                  (a)   relevant to this Undertaking;
                  
                  (b)   relevant to the provisions of the Clinical Supervisor's undertaking
                        set out at Appendix "A"; and/or
                  
                  (c)   relevant for the purposes of monitoring my compliance with this
                        Undertaking.

Previous Hearings

Committee: Discipline
Decision Date: 15 Feb 2017
Summary:

On February 15, 2017, the Discipline Committee found that Dr. Yelian Garcia committed an act 
of professional misconduct in that:  he has failed to maintain the standard of practice of the 
profession; and, 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. 

Failing to Maintain the Standard of Practice 

After graduating from medical school and completing a residency program through McMaster 
University, Dr. Garcia practised under a restricted certificate of registration between August 18, 
2011 and January 12, 2012. During this time, he practised family medicine under the supervision 
of a physician at Wellington Medical Centre in Aurora, and under the supervision of a second 
physician at Oak Ridges Medical and Urgent Care Centre in Richmond Hill. 

Dr. Garcia obtained his certificate of registration authorizing independent practice in January of 
2012. Dr. Garcia continued to provide family medicine and walk-in services at Wellington 
Medical Centre and urgent care services at Oak Ridges Urgent Care Centre. He also began 
providing urgent care and walk-in services at One Care Medical Clinic in Scarborough and 
Woodbridge Urgent Care Centre in Woodbridge, as well as providing medical care to patients at 
three long-term/residential care facilities. 

According to Dr. Garcia, he was seeing on average 10 to 13 patients per hour at the Wellington 
Medical Centre in 2012. Because of this, Dr. Garcia would chart pertinent information during 
patient encounters and complete 50 to 70% of his charts at the end of the day. Dr. Garcia tried to 
be as efficient as possible while ensuring an evidence-based practice. He conducted some patient 
examinations and assessments very quickly in 2012. 

There was a pharmacy located in the same premises as the Wellington Medical Centre. In the 
summer of 2012, a pharmacist at the pharmacy expressed concern about Dr. Garcia’s narcotic 
prescribing practices to both Dr. Garcia and the physician who had supervised him at Wellington 
Medical Centre (“the supervising physician”). 

In the late summer and fall of 2012, the supervising physician reviewed the charts for most of the 
approximately dozen patients to whom Dr. Garcia was prescribing narcotics or opioids at the 
Wellington Medical Centre, met with several of these patients, along with Dr. Garcia, and 
conducted an assessment of each patient’s pain and the appropriateness of the narcotics 
prescriptions given by Dr. Garcia. Following this process, several patients seen together by the 
supervising physician and Dr. Garcia were referred to a pain clinic, specialist or detoxification 
program. 

In May 2013, the supervising physician contacted the College to report his concerns about the 
medical care provided by Dr. Garcia. 

Following receipt of this information, the College began an investigation into Dr. Garcia’s 
practice. The College obtained medical records with respect to 36 patients. Review by a medical 
inspector retained by the College concluded that Dr. Garcia provided very fine medical care to 
                                   1 

some patients and that Dr. Garcia failed to maintain the standard of practice of the profession in 
his care of other patients. 

Dr. Garcia acknowledged during the College investigation that he should slow down in terms of 
the manner in which he assessed and communicated with patients. Dr. Garcia also stated that his 
practice had changed since 2012 and early 2013, and that he had tried to slow down his patient 
interactions and communicate more effectively with patients. Dr. Garcia acknowledged during 
the College investigation that he was “duped” by a couple of patients who were engaged in drug-
seeking behaviour and that he was too trusting of patients who were seeking narcotics for pain 
medication. At that time, Dr. Garcia also stated that he had learned to be less trusting of patients 
and that he no longer had patients with chronic pain in his family practice. 
 
Dr. Garcia failed to maintain the standard of practice of the profession with respect to eleven 
patients. The deficiencies noted included: 
 
-  not obtaining an adequate history or doing a proper physical examination of a patient who 
   complained of “chronic pain”; 
-  for several patients, not recording any physical examination and not recording details about 
   the source or type of pain they experienced; 
-  prescribing narcotics to pain patients without taking a proper and full history and without 
   doing any physical examination; 
-  early renewal of narcotic prescriptions without a notation in the chart to explain why the 
   medication was renewed early;  
-  regarding one patient who was given a typhoid immunization, Dr. Garcia made no notes of 
   this appointment in the chart and no record was kept of the drug identification number or lot 
   number for the vaccine given. 
-  regarding one patient, Dr. Garcia’s charting was moderately below standard. Dr. Garcia’s 
   typed note for a visit incorrectly indicated he gave the patient a typhoid shot, although his 
   handwritten note correctly indicated that he gave patient N an allergy shot on that date.  
 
The medical inspector expressed concern that Dr. Garcia’s general patient population was put at 
risk because of his willingness to prescribe narcotics and repeated inability to detect the misuse 
of opioid medication. 

Disgraceful, Dishonourable or Unprofessional Conduct 
 
The Committee also found that Dr. Garcia 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. 
 
First, the Committee found that Dr. Garcia prescribed medications and provided a medical 
service to Ms. A, a woman who was not a patient and with whom he had a personal and romantic 
relationship. Dr. Garcia prescribed medications to Ms. A on three occasions. On one of those 
occasions, he prescribed an IUD and referred Ms. A to a gynecologist to perform the IUD 
insertion. There was no record of an assessment, including a history and physical examination, 
prior to providing any of the prescriptions. The policy statement on Treating Self and Family 
                                   2 

Members clearly states when it is permissible to treat a family member or another individual 
whom the physician has a personal or emotional involvement. As stated in the Policy: 
“Physicians should not treat either themselves or family members, except for a minor condition 
or in an emergency situation and when another qualified healthcare professional is not readily 
available.” These conditions were not present on the occasions when Dr. Garcia chose to 
prescribe medications, an IUD and provide a medical service to Ms. A. When a physician treats 
someone with whom they have a personal/emotional relationship, there is a risk that the 
relationship will affect the doctor’s ability to provide quality care. Further, as Ms. A’s romantic 
partner, Dr. Garcia placed himself in a conflict of interest by providing Ms. A with a prescription 
and a referral for insertion of an IUD for birth control. 
 
Second, during Ms. A’s hospitalization, Dr. Garcia used his professional status as a physician in 
an attempt to persuade or pressure a nurse to provide confidential information in regard to Ms. A 
without her consent, despite the fact that he, as a physician, had full knowledge that he was not 
entitled to that information.  
 
A penalty hearing is to be scheduled.

Decision: Download Full Decision (PDF)
Hearing Date(s): July 18 - 21, 2016, August 4 - 5, 2016; Penalty Hearing October 10 and 12, 2017, January 24, 25, 26, 2018

Concerns

Source: Member
Active Date: October 2, 2015
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Yelian Garcia to the College of Physicians and Surgeons of Ontario, effective October 2, 2015:

Dr. Garcia is the subject of a referral to the Discipline Committee into allegations that he was unprofessional, incompetent and/or failed to maintain the standard of practice of the profession in his care of patients and that he engaged in disgraceful, dishonourable or unprofessional conduct with respect to Ms A, with whom he had an intimate and/or sexual relationship, when he prescribed medications and/or provided medical treatment or services for her and sought confidential information about her from a hospital without her consent. The allegations have not yet been determined by the Discipline Committee. Pending the final disposition of the allegations, Dr. Garcia has voluntarily entered into an undertaking with the College providing that he will practise under the guidance of a clinic supervisor acceptable to the College.