Committee: Discipline
Decision Date: 27 Jan 1998
Summary:
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In January 1998, the Discipline Committee found Dr. Arnold guilty of professional misconduct as defined in Ontario Regulation 448/80, as amended, in that he failed to maintain the records that are required to be kept respecting his patients, contrary to s. 27(3); in that he failed to maintain the standard of practice of the profession, contrary to s. 27(21); and, that he made improper use of the authority to prescribe, dispense or sell a drug, including falsifying a record in respect of a prescription or the sale of a drug, contrary to s. 27(26). In addition, the Committee found Dr. Arnold is incompetent, as defined in s. 61(4) of the Health Disciplines Act, 1990, as amended, in that he displayed in his professional care of a patient a lack of knowledge, skill or judgment or disregard for the welfare of the patient of a nature or to an extent that demonstrates he is unfit to continue in practice.
Subsequently, on January 18, 1999, the Committee ordered the following penalty:
1. The certificate of registration of Dr. Roland S. Arnold ( Dr. Arnold ) shall be suspended for a minimum period of 12 months. The suspension shall commence within 30 (thirty) days of today s date, on a date to be fixed by the Registrar.
2. The suspension of Dr. Arnold s certificate of registration shall continue following the completion of the mandatory suspension provided in paragraph (1) above, until Dr. Arnold completes the following steps:
(a) he shall be referred to the McMaster Physician Review Program ( PREP ), and shall:
(I) co-operate in every way with the assessment and any reassessment provided by PREP; and
(ii) complete any training and upgrading which may be recommended by PREP, or as directed by the Professional Enhancement Department of the College ( PED ) as a result of the PREP report, successfully and to the satisfaction of tthe Registrar, and submit himself to such further assessment or re-assessment as may be recommended by PREP or directed by PED, and shall complete any training and upgrading recommended by PREP or directed by PED on the occasion of any assessment or re-assessment, sufficient to achieve PREP Level 2, at a minimum; and
(iii) pay all costs and expenses associated with his assessment and any re-assessments at PREP and any remediation, which may be recommended by PREP or directed by PED, including costs for any practice supervision that may be required; and
(b) he shall, at his own expense, and to the satisfaction of the Registrar, complete:
(i) the College s Medical Record Keeping Course for Physicians; and
(ii) the College s Prescribing Skills Course; and
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(iii) a medical ethics course, with an ethicist selected by the Registrar; and
(c) he shall, at his own expense:
(i) become a member of the College of Family Physicians of Canada ( CFPC);
and
(ii) meet the annual requirements of the CFPC for continuing medical education
( CME ); and
(iii) within thirteen (13) months following his enrollment as a member of the CFPC, provide written evidence satisfactory to the CFPC, provide written evidence satisfactory to the Registrar that he has met the CME requirements of the CFPC.
(d) he shall provide proof to the satisfaction of the Registrar that he has requested the Minister of Health (Canada) to notify licensed dealers, and pharmacists by circular not to provide or make any order for any narcotic on the order of Dr. Roland Spencer Arnold.
3. Dr. Arnold s certificate of registration shall be subject to the following restrictions:
(a) he shall not be permitted to prescribe narcotics; and
(b) he shall restrict his practice so that he will see no more than 40 (forty) patients in any single working day. He shall submit monthly written reports to the satisfaction of the Registrar concerning the number of patients seen by him on each working day of the prior month. In the event of non-compliance with the limitation of 40 (forty) patients per day, such monthly report shall include an explanation of the circumstances and reasons for non-compliance. In the event Dr. Arnold fails to submit to the Registrar a monthly report by the end of the subsequent calendar month, the Registrar shall immediately suspend Dr. Arnold s certificate of registration until the required monthly report is received; and
(c) he shall consent to, and co-operate in, unannounced inspections of his practice which shall be conducted at least twice yearly and which may include a review of day books, charts of patients seen and OHIP billings, at his own expense, for a period of three
(3) years following his return to practice; and
(d) he shall:
(i) maintain membership in the CFPC; and
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(ii) meet the annual CME requirements of the CFPC; and
(iii) annually provide written evidence satisfactory to the Registrar that he has met the annual CME requirements of the CFPC.
4. Dr. Arnold shall appear before the Discipline Committee to be reprimanded. The fact of the reprimand shall be recorded on the Register.
Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 1999-02-02
Hearing Date(s): Oct 24, 1994