Discipline Committee Decisions
Dr. Hung-Tat Lo; Dr. Clement Ka-Chun Yeung; Dr. Noemie A.E.B. Guindon; Dr. William G. Weaver
Feb 28, 2012
The College of Physicians and Surgeons of Ontario (“the College”) released the results of its most recent disciplinary hearings. The College is the licensing and disciplinary body for physicians in Ontario. Hearings are held to review allegations of professional misconduct and incompetence, and are open to the public. The following are brief summaries of recent discipline hearing results. The Discipline Committee’s full decisions and reasons for decisions are posted on the College’s website as they become available. Full decisions are located by entering the doctor’s name in the Doctor Search section of the College’s website at http://www.cpso.on.ca/docsearch.
Dr. Hung-Tat Lo, Scarborough. On January 13, 2012, the Discipline Committee found that Dr. Lo committed an act of professional misconduct, in that he failed to maintain the standard of practice of the profession.
Dr. Lo failed to maintain the standard of practice in record-keeping with respect to Patient A. The patient's record was largely illegible and most entries contained scant information. Changes to medications were made at the last three appointments without documented communication with Patient A's family doctor, who was managing the patient's medications on a more consistent basis. Risk assessments and their conclusions were not documented.
Dr. Lo also failed to maintain the standard of practice in record-keeping with respect to 14 of 15 patients. Patient records were largely illegible and transcriptions were required for review. The patient encounter entries were generally scant. Most charts did not have the initial history, diagnosis and treatment plan charted in any detail. There was a general lack of pertinent negative findings, and mental status exams and risk assessments were not documented.
Care and Treatment
Dr. Lo failed to maintain the standard of practice in his care and treatment of Patient A with respect to his collateral fact gathering and follow-up. Dr. Lo also failed to maintain the standard of practice in his care and treatment of two patients, in that he: 1) failed to adequately monitor the Lithium level of one patient and failed to make the necessary inquires that would have led to the disclosure of the patient's thyroid carcinoma; and 2) managed an alcoholic patient with out-dated treatment and inappropriate use of antabuse.
A penalty hearing will be scheduled.
Dr. Clement Ka-Chun Yeung, (no practice address). On January 23, 2012, the Discipline Committee found that Dr. Yeung committed an act of professional misconduct, in that he has been found guilty of an offence that is relevant to his suitability to practise, and that he engaged in disgraceful, dishonourable or unprofessional conduct.
In 2007, Dr. Yeung disclosed to the College that he had been convicted in the State of Hawaii of charges relating to the dispensing of controlled substances to an undercover agent posing as a patient.
On August 30, 2007, Dr. Yeung plead guilty to knowingly and intentionally distributing and dispensing outside the course of professional medical practice and not for a legitimate medical purpose approximately 1,400 milligrams of Oxycodone on June 14, 2002, and 800 milligrams of Oxycodone on June 21, 2002, in the District of Hawaii.
On both occasions, Dr. Yeung met with an undercover DEA agent who was known to Dr. Yeung as his patient, Mr. X. Based on his assessment over the course of 20 medical visits over a 10-month period, Dr. Yeung treated Mr. X for chronic back pain with prescription narcotic medication. During the course of treatment, Dr. Yeung took steps to decrease the risks associated with prescribing narcotic medication. On the two occasions in June 2002, Dr. Yeung met Mr. X in a parking lot and prescribed Oxycodone. Mr. X paid Dr. Yeung in cash, since he did not have Health Insurance. Dr. Yeung did not profit beyond receiving money for medical services rendered to Mr. X.
Dr. Yeung provided written prescriptions to Mr. X for dosages and quantities that are within a reasonable range for a patient suffering with chronic back pain.
Dr. Yeung was found guilty of the two counts noted above, and the sentence imposed by the court in Hawaii included that Dr. Yeung be imprisoned for one year and one day; pay a $10,000 fine within 14 days; pay a $200 assessment fee; submit to removal proceedings, including deportation or exclusion, as required by the Department of Homeland Security; and surrender his Drug Enforcement Administration controlled substance registration.
Dr. Yeung was incarcerated in Hawaii from January 11, 2008 to November 24, 2008 and was immediately deported from the United States at the conclusion of his incarceration. Dr. Yeung returned to Ontario in December 2008 where he resided until April 2009, at which time he moved to Hong Kong. Dr. Yeung held an unrestricted certificate of registration in Ontario during that period, but elected not to practise medicine in Ontario until the issues surrounding his criminal conviction in Hawaii could be addressed by the College.
The Discipline Committee ordered a public reprimand and a six-month suspension of Dr. Yeung's certificate of registration. The Committee also imposed a number of specified terms and conditions on Dr. Yeung's certificate of registration, including that he:
shall successfully complete the College's Physician's Prescribing Skills course and an educational program in Ethics;
shall keep a log of all Narcotics Drugs and Narcotic Preparations prescribed for a period of one year from the date he commences practice in Ontario;
practice under a Clinical Supervisor acceptable to the College for a period of one year from the date he commences practice in Ontario; and
will undergo an assessment of his practice, including his narcotics prescribing, approximately one year after the completion of the term of clinical supervision.
Dr. Noemie A.E.B. Guindon, (no practice address). On January 30, 2012, the Discipline Committee found that Dr. Guindon committed acts of professional misconduct, in that she contravened a term, condition or limitation on her certificate of registration; failed to maintain the standard of practice of the profession; and engaged in disgraceful, dishonourable or unprofessional conduct.
The College expert reviewed 25 office charts from Dr. Guindon's practice and opined that her care failed to meet the standard of practice in 23 of the 25 patient charts, including, with respect to: her use of UV light as treatment for post-operative infections, fungal infections, seborrheic dermatitis, chelitis, and epidermal cysts; her use of cryotherapy as a treatment for fungal infections, psoriasis, facial elastosis, lichen planus pruritus, rosacea, striae distensae, melasma and chelitis; her use of intralesional steroid injections as a treatment for xerosis and seborrheic dermatitis; and, her use of Accutane as a treatment for an epidermal cyst.
The College expert also observed Dr. Guindon with 27 patients. The expert opined that Dr. Guindon failed to maintain the standard of practice in all 27 patients seen with regard to hand hygiene, personal protection and instrument sterilization/reuse, as well as with regard to charting, in that she continued to omit the concentration and amount of drug injected. Further, she opined that Dr. Guindon's practices had the potential to cause transmission of infection to Dr. Guindon's patients or herself.
On November 17, 2010, Dr. Guindon entered into an Undertaking with the College in lieu of an order under section 37 of the Code. Dr. Guindon breached her Undertaking and contravened the terms, conditions and limitations on her certificate of registration by: using cryotherapy on a number of occasions for conditions not permitted under the terms of her Undertaking; failing to record the strength and dose for each intralesional injection; and, using intralesional injections for treatments not permitted under the terms of her Undertaking.
The Undertaking also required that Dr. Guindon practice under the guidance of a clinical supervisor acceptable to the College. Dr. Guindon's clinical supervisor resigned his role as supervisor and the supervisory arrangement was terminated on February 23, 2011. Despite not having a clinical supervisor, Dr. Guindon saw patients on March 21, 22, 24, 25 and 28, 2011 and April 5, 7 and 8, 2011, in breach of her Undertaking and in contravention of the terms, conditions and limitations on her certificate.
On January 24, 2012, Dr. Guindon resigned her membership with the College. She entered into an Undertaking agreeing not to reapply for membership with the College.
The Discipline Committee ordered a public reprimand and Dr. Guindon is to pay to the College costs in the amount of $3,650.
Dr. William G. Weaver, (no practice address). On September 22, 2011, the Discipline Committee found that Dr. Weaver committed an act of professional misconduct, in that he engaged in disgraceful, dishonourable or unprofessional conduct. The Committee determined that Dr. Weaver engaged in a sexual relationship with a vulnerable patient within one day of the termination of the doctor-patient relationship.
On February 8, 2012, the Committee ordered a public reprimand and a six-month suspension of Dr. Weaver’s certificate of registration, which is to take effect if and when Dr. Weaver's certificate of registration is reinstated. If and when Dr. Weaver’s certificate is reinstated, the Committee further ordered that a number of specified terms and conditions be imposed, including that he:
shall not engage in any professional encounter or interaction with any female patient except in the presence of a monitor who is a member of a regulated health profession, and is acceptable to the College.
shall post a sign in his office and consulting rooms notifying patients of this restriction on his practice.
shall cooperate with unannounced inspections of his practice and such other steps as the College may take for the purpose of monitoring and enforcing his compliance with the terms of this Order; and
he shall successfully complete the College's Understanding Boundary Issues and Managing the Risks Inherent in the Doctor-Patient Relationship and an educational program in ethics approved by the College.
Dr. Weaver is to pay costs to the College in the amount of $7,300.