Dialogue Volume 12 Issue 2 2016 | Page 51

discipline summaries which numerous tests were ordered without indication and/or contradictory information was gathered; • a patient who had 7 appointments for bronchitis, at which treatment initially ordered in March was continued at each; • a postpartum appointment at which a glucometer was done without indication; • an annual physical examination at which no plan or comment was made as to how to address the patient’s health complaints; • a patient who was seen numerous unnecessary times for changing of a dressing; • an 18-month-well baby visit, which is a detailed developmental examination which should be conducted by a physician; • advising a child patient’s mother of test results; • an appointment at which a patient obtained medication and a special diet form (billed as an ‘intermediate assessment’). Dr. Patel inappropriately billed OHIP during the time period that he was on vacation in April 2011. Physicians must be physically present in the office to bill OHIP for all but a limited number of simple office procedures (which must be rendered in accordance with the standard of practice). In addition, as described in Dr. X’s report, Dr. Patel engaged in other inappropriate billing practices: (a) billing for a ‘minor assessment’ when faxing prescription renewals to or receiving them from pharmacies; (b) billing for a ‘minor assessment’ when a patient’s family member dropped off or picked up a document, prescription, or testing kit; (c) billing inappropriately with respect to administration of the Rotateq vaccination. After allegations against him were referred to the College’s Discipline Committee, Dr. Patel entered into an undertaking dated May 1, 2014. Among other things, Dr. Patel undertook that, effective immediately, he would not “delegate to any other person any controlled act, as that term is defined in the Regulated Health Professions Act, 1991.” He also undertook to engage a clinical supervisor who would review his practice and meet with him every two weeks to observe his encounters with no fewer than 10 patients; review no fewer than 10 patient records randomly, discuss any issues or concerns arising therefrom, and make recommendations to Dr. Patel. The clinical supervisor would report to the College. Dr. Patel undertook “to cooperate fully with the supervision of ” his practice, and to abide by the recommendations made by his clinical supervisor, including but not limited to any recommended practice improvements and ongoing professional development. Dr. Patel engaged Dr. Y as his clinical supervisor. Dr. Y reviewed patient charts from Dr. Patel’s practice and observed patient encounters in his office as required by the undertaking. In the course of her duties, Dr. Y found that Dr. Patel continued to delegate controlled acts in breach of his undertaking, namely: (a) Staff put an instrument beyond the labia majora by continuing to perform Pap tests delegated by Dr. Patel. (b) Staff administered substances by injection and inhalation by carrying out immunizations and B12 injections, and by administering treatment by inhalation for respiratory issues. Dr. Patel continued to delegate controlled acts in breach of his undertaking until July 8, 2014. Dr. Patel failed to abide by practice recommendations made by Dr. Y, in breach of his undertaking, namely: (a) Dr. Patel did not follow Dr. Y’s recommendation to cease having staff enter billing codes for visits that were in progress and to begin entering billing codes only upon completion of a patient encounter. (b) Dr. Patel did not follow Dr. Y’s recommendation to cease billing for visits at which the patient was not present, including missed appointments and where the patient or family Full decisions are available online at www.cpso.on.ca. Select Doctor Search and enter the doctor’s name. Issue 2, 2016 Dialogue Issue2_16.indd 51 51 2016-06-16 12:27 PM