discipline summaries
The Committee has the jurisdiction to award costs
in appropriate cases. Dr. Mohan was cooperative and
accepted responsibility for his actions and thus saved
the time and resources required of a contested hearing, but one day hearing was required and accordingly, the Committee ordered Dr. Mohan to pay the
tariff rate of $4,460, for one day of hearing costs.
In summary, the Committee ordered the following:
a public reprimand; a three-month suspension on Dr.
Mohan’s certificate of registration; terms, conditions
and limitations on Dr. Mohan’s certificate of registration including successful completion within three
months of an educational program in medical recordkeeping; a requirement that in his general practice
Dr. Mohan refrain from delegating controlled acts or
What does this mean?
used in the discipline process
Admission
The physician admits that the facts
alleged amount to professional mis-
permitting individuals who are not regulated health
professionals to conduct assessments, take histories,
or conduct physical examinations; reassessment of
his practice; unannounced inspections of his practice
and patient charts for monitoring purposes, and payment to the College of $4,460 for hearing costs.
Order
For complete details of the Order, please see the
full decision at www.cpso.on.ca. Select Doctor
Search and enter the Doctor’s name.
At the conclusion of the hearing, Dr. Mohan waived
his right to an appeal and the Committee administered the public reprimand.
We provide definitions for the legal terminology
penalty unless it would be contrary to
the public interest and bring the administration of justice into disrepute.
conduct and/or incompetence.
Plea of No Contest
The physician does not contest the
facts. The College files a statement of
facts as an exhibit at the hearing. The
Discipline Committee can accept the
facts as correct and make a finding
of professional misconduct and/or
incompetence. The physician does
not admit to the facts or findings for
the purpose of any other proceeding.
Agreed Statement of Facts
A statement of facts that are negotiated and agreed to by the College and
the physician. It is filed as an exhibit
at the hearing.
Joint Submission on Penalty
A penalty that is proposed to the
Committee as an appropriate penalty
by both the College and the physician. In law, the Discipline Committee
must accept a joint submission on
48
Contested Hearing
The physician denies the allegations.
The College must prove the allegations on a balance of probabilities
(the civil standard of proof) by calling
evidence such as witnesses. If one
or more of the allegations is proved,
a penalty hearing is scheduled. The
College and the physician may agree
and jointly propose a penalty to the
Committee or they may disagree and
a contested penalty hearing takes
place.
Aggravating, Mitigating
Circumstances
Aggravating and mitigating circumstances may be considered by the
Discipline Committee in determining
an appropriate penalty. Mitigating
and aggravating circumstances are
considered by the Committee, so that
the penalty imposed is proportionate
to the gravity of the physician’s con-
duct, and the degree of responsibility
of the physician. Mitigating circumstances tend to reduce penalties,
whereas aggravating circumstances
tend to increase penalties.
Aggravating circumstances could
include: a high degree of vulnerability
of the person(s) affected by the physician’s conduct; a prior disciplinary
history with the College; a lack of insight by the physician into his or her
own misconduct; a lack of remorse
about the effects of the misconduct
on others.
Mitigating circumstances could include: a clean disciplinary record; an
admission to the facts underlying the
allegations in advance of a hearing;
cooperating with the investigation; a
demonstration of remorse or regret
about the effects of the misconduct
on others; taking remedial steps on
the physician’s own initiative prior to
a finding or an order by the College.
Dialogue Issue 2, 2016
Issue2_16.indd 48
2016-06-16 12:27 PM