Committee: Discipline
Decision Date: 19 Jul 2007
Summary:
On December 12, 2007 Dr. Alexander Franklin appealed the decision of the Discipline Committee to the Superior Court of Justice (Divisional Court). Pursuant to ss.25(1) of the Statutory Powers Procedure Act, the decision of the Discipline Committee was stayed pending the outcome of the appeal. On January 7, 2009, the Divisional Court dismissed the appeal for delay. In February 2009, Dr. Franklin made a motion to the Divisional Court to continue with his appeal. The decision of the Discipline Committee is on hold pending the outcome of the motion. On June 11, 2009, the Divisional Court dismissed for delay, on consent, Dr. Franklin s appeal. Therefore, the following finding and penalty order are in effect.
On July 19, 2007, the Discipline Committee found Dr. Franklin to have committed an act of professional misconduct in that he failed to meet the standard of the profession.
On December 6, 2007, the Discipline Committee ordered the following:
1. The Registrar suspend Dr. Franklin s certificate of registration for a period of four (4) months commencing one (1) week after the date of this Order. Two (2) months of the suspension shall be suspended on the condition that:
a) Dr. Franklin successfully completes, at his own expense, the College s Medical
Record-Keeping for Physicians course, at the earliest available date, and provides
proof that he has done so to the College.
b) Two (2) months after the suspension commences, the remaining two months of the suspension will be held in abeyance until one (1) week after the date of completion of the next available College Medical Record-Keeping Course for Physicians . If Dr. Franklin submits proof of satisfactorily completing the course to the College within one (1) week of the course completion date, the balance of the suspension will be suspended. Should he fail to submit that proof within that one (1) week, the remainder of the two (2) months of the suspension will commence immediately on the date that is one (1) week after the course completion date.
2. The Registrar impose the following terms, conditions and limitations on Dr. Franklin s certificate of registration as of the date of this Order:
a) That Dr. Franklin participate in a preceptorship, at his own expense, with a preceptor who is acceptable to the College, for a minimum period of one week, or until the preceptor determines that Dr. Franklin meets the standard of care expected of the general practitioner limited to eye examinations. The preceptor will sign an undertaking with the College in this matter and will report to the College after one (1) week, as to Dr. Franklin s capabilities with reference to eye examinations and, if he/she deems it necessary, on a monthly basis until such time as he/she deems Dr. Franklin capable to perform eye examinations to the standard of a general practitioner limited to eye examinations. The preceptorship will commence, if Dr. Franklin meets the conditions in paragraph 1 of this Order,
immediately after the balance of the suspension is suspended. If Dr. Franklin fails to meet the conditions in paragraph 1 of this Order, the preceptorship will
commence immediately following the completion in full of the full four (4)
months suspension.
b) That Dr. Franklin undergo, at his own expense, a re-inspection of his practice by a physician selected by the College, no sooner than three (3) months and no later than six (6) months after the end of his preceptorship. The inspector shall report his findings to the College.
c) That Dr. Franklin shall abide by any recommendations of the inspector with
reference to his practice. This could include the need for a further re-inspection, at Dr. Franklin s expense, should the inspector deem it necessary. This re-inspection would occur within six (6) months of the initial re-inspection.
3. Dr. Franklin is required to attend before the panel to be reprimanded on a date to be fixed by the panel of the Discipline Committee of the College, but no later than three (3) months from the date this Order becomes final.
4. Dr. Franklin pay costs to the College in the amount of $21,625.00 within 90 days of the date of this Order.
5. The results of this proceeding be included on the register.
Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 2009-06-11
Hearing Date(s): Jul 19, 2007