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Smith, Edward James

CPSO#: 33838

MEMBER STATUS
Active Member as of 04 May 2020
CURRENT OR PAST CPSO REGISTRATION CLASS
Independent Practice as of 15 Aug 2023

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English, French

Education: University of Ottawa, 1981

Practice Information

Primary Location of Practice
Suite 109
460 St Laurent Blvd
Ottawa ON  K1K 4Z2
Phone: (613) 748-1113
Fax: (613) 748-1639 Electoral District: 07

Professional Corporation Information


Corporation Name: Edward J. Smith Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Jan 02 2007

Shareholders:
Dr. E. Smith ( CPSO# 33838 )

Business Address:
109 - 460 St. Laurent Boulevard
Ottawa ON  K1K 4Z2
Phone Number: (613) 748-1113


Medical Licences in Other Jurisdictions

Effective September 1, 2015, the College by-laws require the College to indicate on the register if the member has a licence or is registered to practise medicine in a jurisdiction outside Ontario, if this is known to the College.



Quebec

Specialties

Specialty Issued On Type
No Speciality Reported

Terms and Conditions

(1) Dr. EDWARD JAMES SMITH may practise only in the areas of medicine in which Dr. SMITH is educated and experienced.

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1981
Transfer of class of registration to: Independent Practice Certificate Effective: 17 Dec 1982
Transfer of class of certificate to: Restricted certificate Effective: 08 Feb 2018
Terms and conditions imposed on certificate Effective: 08 Feb 2018
Terms and conditions amended by Ontario Physicians and Surgeons Discipline Tribunal Effective: 04 Oct 2019
Suspension of registration imposed: Ontario Physicians and Surgeons Discipline Tribunal Effective: 04 Oct 2019
Suspension of registration removed Effective: 04 May 2020
Transfer of class of registration to: Independent Practice Certificate Effective: 15 Aug 2023

Previous Hearings

Committee: Discipline
Decision Date: 21 Jul 2020
Summary:

BACKGROUND

Dr. Smith is a 64-year-old family physician who received his certificate of registration authorizing independent practice in Ontario in 1982. At the relevant times, Dr. Smith practised in a solo practice in Ottawa, Ontario.

FACTS

i. Background to the complaint

In January 2018, the Complainant was diagnosed with Stage 4 colon cancer. The Complainant is not a patient of Dr. Smith’s and has never met Dr. Smith in a physician-patient capacity. Dr. Smith did not have access to any medical records for the Complainant and had only heard rumours that the Complainant had been diagnosed with colon cancer. The Complainant’s only connection to Dr. Smith is that, at the relevant times, the Complainant was Chair of the Board of Directors of a company in which Dr. Smith was a shareholder.

Beginning in approximately April 2019, Dr. Smith became dissatisfied with decisions taken by the Board of Directors. He was particularly dissatisfied with what he perceived as the Complainant’s role as Chair in various decisions that had a negative effect on Dr. Smith’s position as shareholder in the company.

ii. Complaint to the College – May 29, 2019

On May 29, 2019, the Complainant contacted the College to complain that Dr. Smith had disclosed personal health information of the Complainant in emails and online posts. The Complainant also complained that Dr. Smith had made veiled threats to the complainant and his family.

iii. Dr. Smith’s email and posts regarding the Complainant

On April 24, 2019, Dr. Smith sent an email to the Complainant from his email address [email protected]. The email message was as follows: “If I was dying of stage 4 colon cancer at the end of my life I would do good instead hurting thousands of households.” The email address [email protected] is the email address used by Dr. Smith in his communications with the College. It is the email address listed on Dr. Smith’s physician profile.

Between April 24, 2019 and May 29, 2019, Dr. Smith authored and posted six online posts on “Stockhouse.com”, a website that is publicly accessible. The messages were posted anonymously under the name “edrose”, an online name used by Dr. Smith.

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In the online posts, Dr. Smith referred to the Complainant by name and commented on his colon cancer diagnosis. The posts include the following comments:

April 24, 2019: “he [the Complainant] will bring [a company] to nasdaq before he dies of cancer” [NOTE: “nasdaq” refers to Nasdaq, a stock exchange based in New York].

April 24, 2019: “if its true [the Complainant] as [sic] stage 4 cancer there is justice since this person doesn’t care that he destroyed life’s [sic] of thousands of real estate investors you would think when you [sic] dying you would to do good last part of life and not bad”

May 3, 2019: “I hope nobody loses it and starts hurting them or their family that wouldn’t reflect well on investors”

May 7, 2019: “Can someone confirm that [Complainant] as [sic] stage 4 colon cancer”

May 14, 2019: “Can someone confirm that [Complainant] as [sic] stage 4 colon cancer”

May 28, 2019: “Can someone confirm that [Complainant] as [sic] stage 4 colon cancer”

FINDING

The Committee found that Dr. Smith committed an act of professional misconduct under paragraph 1(1)34 of Ontario Regulation 856/93, in that he engaged in conduct unbecoming a physician.

FACTS ON PENALTY

On October 4, 2019, the Discipline Committee found that Dr. Smith 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 and that he failed to maintain the standard of practice of the profession. Further to the Discipline Committee’s Order, Dr. Smith is registered for the PROBE course on ethics and professionalism on November 12-14, 2020.Completion of the course was delayed, with the approval of the College, due to the current pandemic.

PENALTY AND COSTS ORDER

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On July 21, 2020, the Committee ordered with respect to penalty and costs:

- Dr. Smith is to attend before the panel to be reprimanded.
- Dr. Smith is to pay costs to the College in the amount of $6,000 within 30 days of the date of the Order.

On August 21, 2020, the Committee released its full Decision and Reasons in this matter, available for review on the College’s website.


Decision: Download Full Decision (PDF)
Hearing Date(s): July 21, 2020

 

Committee: Discipline
Decision Date: 04 Oct 2019
Summary:

On July 12, 2019, the Discipline Committee found that Dr. Edward James Smith 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, and has failed to maintain the standard of practice of the profession.

Disgraceful, dishonourable or unprofessional conduct

In 2010, the College’s Out-of-Hospital Premises Inspection Program (OHPIP) was created by Regulation 114/94 to the Medicine Act. All members had 60 days to notify OHPIP if they were performing the procedures outlined in the Regulation. Dr. Smith wrote to the College providing a list of procedures he performed in his family practice. Based on his list of procedures, Dr. Smith fell within the ambit of the program and was required to comply with OHPIP Standards. He was informed that his premises would have to be inspected and would have to be approved as an Out-of-Hospital premises (OHP). Shortly after being notified of this requirement, Dr. Smith communicated with College staff and advised them that he was not in fact providing any OHP procedures to his patients and that no inspection was required. Based on information provided by Dr. Smith, no inspection was ever conducted and his office was not approved as an OHP.

In 2016, the College received information that another physician was performing OHP interventional pain management procedures in Dr. Smith’s office. This information triggered a College investigation, during which it was determined that, despite what he had told the OHPIP, Dr. Smith was in fact himself performing OHP interventional pain management procedures. OHPIP conducted an inspection that disclosed multiple deficiencies in Dr. Smith’s unapproved premises, including a failure to meet general physical standards, failure to meet medication standards and failure to meet staffing requirements, all of which are mandated in OHPIP Standards.

OHIP data established that Dr. Smith billed OHIP for OHPIP procedures between 2011 and 2017.

Failure to maintain the Standard of Practice

The College ‘s expert outlined multiple deficiencies in Dr. Smith’s practice. Providing OHP procedures in an unapproved setting is an unsafe practice, particularly in light of the multiple deficiencies identified in the OHPIP inspection. The expert also concluded that Dr. Smith displayed a lack of judgment and knowledge in performing high-risk OHP procedure in an unapproved setting, without adequate staffing, equipment and adequate means or expertise to treat potential life-threatening complications.

Disposition

On October 4, 2019, the Discipline Committee ordered that:
- The Registrar suspend Dr. Smith’s certificate of registration for a period of seven months, to commence on the date of this order;
- The Registrar place the following terms, conditions and limitations on Dr. Smith’s certificate of registration:
o Dr. Smith shall comply with College Policy #2-07 “Practice Management Considerations for Physicians Who Cease to Practice, Take an Extended Leave of Absence or Close Their Practice Due to Relocation”.
o Dr. Smith will successfully complete the PROBE course in ethics and professionalism at his own expense, within 6 months of the date of this Order, or any alternative course in ethics and professionalism approved by the College. Dr. Smith will agree to abide by any recommendations of the PROBE program and provide proof of completion to the College.
- Dr. Smith shall appear before the Committee to be reprimanded;
- Dr. Smith pay to the College costs in the amount of $10,370.00 within 30 days of the date of this Order.

Appeal

On October 10, 2019, Dr. Smith appealed the penalty decision to the Superior Court of Justice (Divisional Court). Pursuant to section 25.4(5) of the Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, the penalty decision of the Discipline Committee remains in effect despite the appeal.

On December 9, 2019, Dr. Smith abandoned his appeal to the Divisional Court.
 


Decision: Download Full Decision (PDF)
Hearing Date(s): Hearing: July 12, 2019