Dialogue Volume 12 Issue 2 2016 | Page 48

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