On May 14, 2020, on the basis of an Agreed Statement of Facts and Admission, the Discipline Committee of the College of Physicians and Surgeons of Ontario (the College) found that Dr. Chizoba Christopher Uzoh (Dr. Uzoh) committed committed an act of professional misconduct under:
- paragraph 1(1) 33 of Ontario Regulation 856/93, in that he has engaged in an act or - omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; and
- paragraph 1(1)34 of O. Reg. 856/93, in that he engaged in conduct unbecoming a physician.
Background
Dr. Uzoh is a 43 year-old family physician, who was first issued a restricted certificate of registration in October 2016, and thereafter began practising in Etobicoke, Ontario. Dr. Uzoh went to medical school in Nigeria. Before coming to practise medicine in Ontario, Dr. Uzoh did specialty training, fellowships, and practised in the United Kingdom, from 2005 to 2016.
Dr. Uzoh’s Failure to Notify College of Updated Information During the Application Process Dr. Uzoh applied to the College for a restricted certificate of registration as an exam- eligible candidate on April 11, 2016. Such a certificate of registration would permit him to practise in Ontario for a specified duration under supervision while seeking certification by examination from the College of Family Physicians of Canada. At that time, he was still in practice in the United Kingdom.
Applicants are required to answer questions regarding professionalism, conduct, character and suitability to practise medicine. Dr. Uzoh responded ‘no’ to the following questions, which answer was true at the time, among others:
• Regardless of the outcome, have you ever been the subject of any complaint made to a medical licensing authority? Be sure to disclose all complaints. Complaints that were dismissed, or closed with no further action, or otherwise resolved in any manner, must still be disclosed.
• Are you now the subject of any complaint made to a medical licensing authority?
• Have you ever been the subject of any type of investigation, inquiry or proceeding by a medical licensing authority relating to your professional conduct, competence, capacity, or any other aspect of your medical practice? Be sure to disclose all medical licensing authority investigations, inquiries or proceedings, including any audits or assessments of your practice.
• Are you now the subject of any type of investigation, inquiry or proceeding by a medical licensing authority relating to your professional conduct, competence, capacity, or any other aspect of your medical practice?
• Have you ever had a medical license revoked, suspended, restricted, limited, or subjected to any other adverse action?
• Are you now or have you ever been the subject of any type of investigation, inquiry, review or action by a hospital, health facility, or any other place of employment relating to your professional conduct, competence, capacity, or any aspect of your medical practice?
In his application, Dr. Uzoh agreed that during the course of his application, he would immediately notify the College in writing of anything that rendered any response to the questions in the application no longer true and complete, even if the response was true and complete when originally given.
On May 11, 2016, the medical practice (the Practice) where Dr. Uzoh worked as a locum in the United Kingdom received a complaint regarding Dr. Uzoh. Dr. Uzoh was notified of the complaint. He was suspended for six months with immediate effect from the medical performers list for the National Health Service England North, Cheshire and Merseyside (the NHS), and notified of the same in writing by letter dated May 13, 2016. The NHS informed the General Medical Council (the GMC) of the suspension on May 16, 2016, and on May 24, 2016 the GMC received information from the NHS setting out the details underpinning the suspension.
By a decision dated May 31, 2016, and sent on that day to Dr. Uzoh via special delivery, the allegations against Dr. Uzoh were referred to the United Kingdom’s Medical Practitioners Tribunal (“MPT”). Dr. Uzoh was notified that an MPT Interim Orders Tribunal hearing would be held on June 14, 2016.
On June 2, 2016, Dr. Uzoh confirmed that he had received the notice and emailed his written representations to the Interim Orders Tribunal. Dr. Uzoh provided a response to the allegations but advised that he would not attend the Interim Orders Tribunal. On June 14, 2016, in Dr. Uzoh’s absence, the Interim Orders Tribunal imposed an interim order of conditions for a period of 12 months on Dr. Uzoh. Dr. Uzoh was made aware of the interim order in or around June 2016.
Dr. Uzoh did not notify the College of any of the foregoing, contrary to his obligation to do so immediately, as these developments rendered his responses to the questions set out at paragraph 4 above no longer true and complete.
On July 14, 2016, without having been notified by Dr. Uzoh of the new information, the Registration Committee of the College considered and approved Dr. Uzoh’s application for a restricted certificate of registration, subject to certain pre-conditions and completion of any outstanding registration requirements. A letter from the Registration Committee Chair to Dr. Uzoh dated July 18, 2016 advised him of this information. Dr. Uzoh was issued a restricted certificate of registration on October 5, 2016, permitting him to practise family medicine at a specified office in Toronto, Ontario under supervision.
Dr. Uzoh’s Failure to Disclose Information on his Annual Renewal Form
On May 7, 2017, Dr. Uzoh completed his annual renewal form, which he was required as a member to file with the College.
Dr. Uzoh was required to answer the following question on his annual renewal form:
• Are you registered with any other medical licensing authorities other than Ontario? Dr. Uzoh answered this question in the negative. This was untrue. He remained licensed in the United Kingdom.
Dr. Uzoh was also required to answer the following question on his annual renewal form:
• Are there any discipline actions pending against you by any licensing authority/regulatory, other than the College of Physicians and Surgeons of Ontario, the facts of which you have not previously disclosed to the College?
Dr. Uzoh answered this question in the negative. This was untrue. Dr. Uzoh had been served with a Notice of Hearing by the MPT in April 2017, notifying him of a pending MPT discipline hearing to be held in May 2017 regarding the allegations arising from the patient complaint.
Dr. Uzoh’s Failure to Disclose Professional Misconduct Finding
On May 26, 2017, the MPT in the United Kingdom found Dr. Uzoh to have engaged in misconduct and imposed an immediate order of suspension on Dr. Uzoh’s registration. Dr. Uzoh received notice of the MPT’s finding and suspension order. Members of the College are required to file a report in writing with the Registrar regarding any finding of professional misconduct or incompetence made against them by another body that governs a profession inside or outside Ontario, under section 85.6.3 of the Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991. Such a report must be filed as soon as reasonably practicable after the member receives notice of the finding. Dr. Uzoh failed to file a report in writing with the Registrar regarding the MPT’s finding as soon as was reasonably practicable. The College became aware of the investigation and proceedings in the United Kingdom through media reports and a Federation of State Medical Boards disciplinary alert, and commenced an investigation regarding Dr. Uzoh on May 2, 2018.
In his 2018 annual renewal form, submitted on May 8, 2018, Dr. Uzoh notified the College that he was licensed in the United Kingdom and had been subject to disciplinary action by a regulator other than the College.
PENALTY
The following additional facts were presented to the Committee with respect to penalty:
Dr. Uzoh held a restricted certificate of registration that expired on October 4, 2019. Having attained the requisite qualifications by way of College of Family Physicians of Canada certification, Dr. Uzoh applied for an independent certificate of registration.
Dr. Uzoh’s application for an independent certificate of registration was refused at a Registration Committee meeting held October 17, 2018, with reasons released January 15, 2019. Dr. Uzoh sought review of the Registration Committee decision by the Health Professions Appeal and Review Board. The Registration Committee’s decision was upheld by the Board in an order and reasons released October 2, 2019.
Dr. Uzoh does not currently have a certificate of registration with the College. Nor is Dr. Uzoh registered to practise in the United Kingdom any longer.
Dr. Uzoh has advised that in January 2020 he began a one-on-one educational course in professional boundaries, ethics, and self-regulation with consultant Gail Siskind, which is ongoing.
DISPOSITION
The Discipline Committee ordered that:
- Dr. Uzoh is to attend before the panel to be reprimanded.
- The Registrar is to suspend Dr. Uzoh’s certificate of registration for a - period of nine (9) months, commencing from May 15, 2020 at 12:01 a.m.
- Dr. Uzoh is to pay costs to the College in the amount of $10,370, with $5,185 thereof to be paid within sixty (60) days of the date of the Order and the remaining $5,185 thereof to be paid within ninety (90) days of the date of the Order.
DECISION AND REASONS
On July 9, 2020, the Committee released its full Decision and Reasons in this matter, available for review on the College’s website.