Dialogue Volume 11 Issue 2 2015 | Page 57

discipline summaries penalty, Dr. Awad saved the Committee and the College the time and expense of a contested hearing. The Committee was also somewhat comforted to learn that, in response to the independent expert’s report, not only had Dr. Awad acknowledged the problems in his practice, but had already made important changes to his clinical care and office procedures. In particular, he informed the Committee that he now: •  rranges to see all patients following a sleep study a and prior to prescribing CPAP; •  hooses not to prescribe sedative medication prior c to a clinical assessment; •  arns patients of driving-related risks in nonw coercive language; and •  ommunicates results of initial sleep studies to c patients himself, rather than delegating this task to his office staff. The Committee also noted that Dr. Awad had no previous findings made against him by the Discipline Committee. With respect to a consideration of the aggravating factors, the Committee was deeply concerned about Dr. Awad’s decision to prescribe medication and other treatments before he had completed appropriate clinical assessments, and to use coercive and incorrect information to influence patients to return for follow-up. The Committee found the evidence with respect to Dr. Awad’s use of another physician’s name particularly disconcerting. Improper billing practices reflect negatively not only on the physician submitting such claims to OHIP, but can also raise questions among the public about the honesty and integrity of the profession at large. The Committee considered the principles set out in case law with respect to determining appropriate penalty in the discipline setting, including: denunciation of the misconduct, specific and general deterrence, rehabilitation of the member, and upholding public confidence in the profession. The overall penalty as proposed reflects the profession’s and the public’s denunciation of Dr. Awad’s behaviour, and will support public confidence in the profession’s ability to regulate its members appropriately. The suspension and practice assessment will serve to protect the public. The Committee expects that these components of the penalty will also serve to deter Dr. Awad from repeating the misconduct in the future, and will provide general deterrence. The ongoing oversight of his practice will provide Dr. Awad with an opportunity for remediation. In summary, the Committee is satisfied that the penalty that has been jointly proposed is appropriate, reasonable and fair, and is also consistent with the penalty imposed in other similar cases. Order The Discipline Committee ordered and directed that: 1. the Registrar suspend Dr. Awad’s certificate of  registration for a period of three months, to commence immediately. 2. the Registrar impose the following terms, condi tions and limitations on Dr. Awad’s certificate of registration:   r. Awad, at his own expense, shall submit to an i) D assessment of his practice by an assessor selected by the College within six months of the date of this Order. The assessor shall focus the assessment upon the deficiencies identified in the review of Dr. Awad’s practice and shall additionally consider Dr. Awad’s performance as Quality Advisor as referenced in the Independent Health Facilities Act, Ontario Regulation 57/92. ii) r. Awad shall abide by all reasonable recomD mendations of the assessor. 3. Dr. Awad appear before the panel to be repri manded. 4. Dr. Awad pay to the College costs in the amount of $4,460 within 30 days of the date of this Order. At the conclusion of the hearing, Dr. Awad waived his right to an appeal and the Committee administered the public reprimand. Full decisions are available online at www.cpso.on.ca. Select Doctor Search and enter the doctor’s name. Issue 2, 2015 Dialogue 57