Committee: Discipline
Decision Date: 19 Dec 1995
Summary:
In December 1995, the Discipline Committee found Dr. Rosemary Arnold guilty of professional misconduct, as defined in Ontario Regulation 448/80, as amended, in that she failed to maintain the records that are required to be kept respecting her patients, contrary to s. 27(3); in that she failed to maintain the standard of practice of the profession, contrary to s. 27(21); and in that she made improper use of the authority to prescribe, sell or dispense a drug, including falsifying a record in respect of a prescription or the sale of a drug, contrary to s. 27(26).
The Committee further found Dr. Arnold incompetent, as defined in s.
60(4) of the Health Disciplines Act, 1980, as amended, in that she displayed in her 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 she is unfit to continue in practice.
The Committee imposed the following penalty:
1. Dr. Arnold was to be reprimanded, with the fact of the reprimand to be recorded on the Register.
2. Dr. Arnold s certificate of registration shall be suspended for a period of twelve months.
The period of suspension was to commence on a date to be fixed by the Registrar, who was to take this action within thirty days of today s date
and the term of the suspension was to commence not more than 180 days of today s date.
3. This suspension shall continue for the full twelve month period unless and until during that period Dr. Arnold attends
the McMaster Physician Review Program (PREP) and successfully achieves PREP Level 3, at a minimum, and further,
provided that Dr. Arnold complies with the following terms and conditions:
(a) Dr. Arnold was to be referred by the Director of the Education Department of the College of Physicians and Surgeons of Ontario to the McMaster Physician Review Program ( PREP ) at the first available opportunity;
(b) within fifteen days of the date upon which this Order became final, Dr. Arnold was to provide her written consent to the release by the College to PREP of any information considered appropriate by the Director Professional Enhancement of the College prior to the assessment taking place;
(c) Dr. Arnold was to attend PREP at the first available opportunity as directed by the Director of Professional Enhancement of the College and was to cooperate in every respect with the assessment provided by PREP;
(d) within fifteen days Dr. Arnold was to provide her written consent to the release by PREP to the College of the
result of the assessment and of any information with respect to the assessment as might be considered
necessary by the Director of the Professional Enhancement Department of the College;
(e) Dr. Arnold was to complete any period of upgrading which might be recommended by PREP, successfully and
to the satisfaction of the Registrar, and was to submit herself to such further reassessments as might, from time to time, be recommended by PREP and was to complete any training, upgrading recommended by PREP from time to time on the occasion of any reassessment or reassessments which might be recommended;
(f) Dr. Arnold was, within thirty days of the submission to her of an invoice therefor, pay the costs of her assessment or reassessments at PREP in an amount prescribed by the Registrar;
(g) within fifteen days, Dr. Arnold was to provide her written consent to unannounced inspections of her practice
by College inspectors, at her expense, twice yearly during the three years following this date with particular
attention to her records and narcotic prescribing (if any), and was to cooperate in such inspections;
(h) within fifteen days, Dr. Arnold was to request that her privileges to prescribe narcotics be terminated by the Bureau of Drug Surveillance.
Such termination of her privileges was to be in effect for a minimum of one year or until such time as she provided evidence satisfactory to the Registrar that this restriction could be safely removed.
Such evidence was to include but would not be restricted to successful completion of the Chronic Opioid Therapy in Non-Malignant Pain Workshop;
(i) Dr. Arnold was to meet the annual requirements of the College of Family Physicians of Canada (CFPC) for
continuing medical education and was to provide written evidence satisfactory to the Registrar that she had done so within thirteen months of registering as a member of CFPC;
(j) Dr. Arnold was to attend a course of record keeping administered by the College at her expense within one year and was to provide written evidence satisfactory to the Registrar that she had done so within thirty days of completion of the course.
4. In the event that the suspension, or part of the suspension of Dr. Arnold s certificate of registration under section 2
above, was suspended under paragraph 2 above is suspended and Dr. Arnold:
(a) fails to provide her written consent pursuant to 3(b), (d) and (g) above;
(b) or fails to request her privileges to prescribe narcotics be terminated pursuant to 3(b) above;
(c) failed to pay the costs pursuant to section 3(f) above;
(d) failed to provide the written evidence to the Registrar required pursuant to sections 3(i) and (j) above;
the suspension of her certificate of registration was to resume forthwith upon such event of default and was to
continue for the remainder of the period of twelve months or until such default was cured, whichever occurred first.
5. In the event that the suspension of Dr. Arnold s certificate of registration was not suspended pursuant to section 3
above, following completion of the suspension for a total period of twelve months, Dr. Arnold s certificate of
registration was thereafter to be subject to the following restrictions:
(a) Dr. Arnold s privileges to prescribe narcotics were to be terminated by the Bureau of Drug Surveillance for a
minimum of one year or until such later time as she provided evidence satisfactory to the Registrar that this
restriction could safely be removed.
Such evidence was to include, but would not be restricted to, successful completion of the Chronic Opioid Therapyin Non-Malignant Pain Workshop;
(b) Dr. Arnold may engage in clinical practice only in the same office as and under the direct supervision of a
physician acceptable to the Registrar, unless and until all of the following conditions had been met:
(i) Dr. Arnold was to be referred by the Director of the Professional Enhancement Department of the College to PREP;
(ii) Dr. Arnold was to provide her written consent to the release by the College to PREP of any information considered appropriate by the Director of Professional Enhancement Department of the College prior to the assessment taking place;
(iii)
Dr. Arnold was to attend PREP at the first available opportunity as directed by the
Director of Professional Enhancement Department of the College and was to cooperate in every respect with the assessment provided by PREP;
(iv) Dr. Arnold was to provide her written consent to the release by PREP to the College of any information with respect to the assessment and the result of the assessment as might be considered necessary by the Director of the Education Department of the College;
(v) Dr. Arnold was to complete any period of supervision and any program of upgrading which might be recommended by PREP successfully and to the satisfaction of the Registrar and was to submit herself to such further reassessment or reassessments as
might, from time to time, be recommended by PREP, and was to complete any training, upgrading or period of supervision recommended by PREP from time to time on the occasion of any reassessment or reassessments which might be recommended, sufficient to achieve PREP Level 3 at a minimum;
(vi) Dr. Arnold was within thirty days of the submission to her of an invoice therefor pay the costs of her assessment and any reassessment or reassessments at PREP in an amount prescribed by the Registrar;
(vii)
Dr. Arnold was to provide her written consent to unannounced inspections of her practice by College inspectors, at her expense, twice yearly during the three years following the date on which
the suspension of her certificate of registration ended, with particular attention to her records and narcotic prescribing (if any), and was to cooperate in such inspections;
(c) Dr. Arnold was to meet the annual requirements of the College of Family Physicians of Canada for continuing
medical education and was to provide written evidence satisfactory to the Registrar that she had done so within thirteen months of registering as a member of the CFPC.
(d) Dr. Arnold was to attend a course of record keeping administered by the College at her expense within one
year of the date upon which this Order became finaland was to provide written evidence satisfactory to the Registrar that she had done so within thirty days of completion of the course.
For purposes of section 5(b) of this Order, direct supervision meant that Dr. Arnold was to practice in the same facility as the supervisor, who was to conduct weekly random reviews of Dr. Arnold s charts and was to advise and intervene in Dr. Arnold s practice when appropriate.
The supervisor was to submit monthly written reports to the Registrar confirming that he/she was discharging these responsibilities.
Note regarding section 3(h): To date, Dr. Arnold has not requested reinstatement of her narcotics prescribing privileges.
Therefore, this restriction remains in place.
Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 1998-07-29
Hearing Date(s): Sep 19, 1994