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Denys, Allen Phillip

CPSO#: 29235

MEMBER STATUS
Active Member as of 14 Sep 2019
CPSO REGISTRATION CLASS
Restricted as of 03 Apr 2018
Flag: Indicates a concern or additional information

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:Queen's University, 1976

Practice Information

Primary Location of Practice
Suite 120
1695 Manning Rd
Tecumseh ON  N8N 2L9
Phone: (519) 739-2727
Fax: (519) 739-9542 Electoral District: 01

Professional Corporation Information


Corporation Name: Denys Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Feb 20 2003

Shareholders:
Dr. A. Denys ( CPSO# 29235 )

Business Address:
1695 Manning Road
Unit 120
Tecumseh ON  N8N 2L9
Phone Number: (519) 739-2727

Business Address:
2055 Huron Church
Windsor ON  N9C 2L6
Phone Number: (519) 915-0329


Medical Licences in Other Jurisdictions

Effective September 1, 2015, the College by-laws require the College to indicate on the register if the member has a licence or is registered to practise medicine in a jurisdiction outside Ontario, if this is known to the College.



USA - Michigan

Specialties

Specialty Issued On Type
Respirology Effective: 25 Nov 1980 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 15 Jun 1976
Transfer of class of registration to: Independent Practice Certificate Effective: 17 Jun 1977
Transfer of class of certificate to: Restricted certificate Effective: 03 Apr 2018
Terms and conditions imposed on certificate by member Effective: 03 Apr 2018
Terms and conditions amended by member Effective: 17 Apr 2018
Terms and conditions amended by member Effective: 20 Apr 2018
Terms and conditions amended by member Effective: 12 Apr 2019
Terms and conditions amended by Discipline Committee Effective: 13 May 2019
Suspension of registration imposed: Discipline Committee Effective: 14 May 2019
Suspension of registration removed Effective: 14 Sep 2019
Terms and conditions amended by member Effective: 14 Sep 2019

Practice Restrictions Flag: indicates a concern or additional information

Imposed By Effective Date Expiry Date Status
member Effective: 14 Sep 2019 Active
             As from April 12, 2019, the following are imposed as terms, conditions and
            limitations on the certificate of registration held by Dr. Allen Phillip Denys,
            in accordance with an undertaking and consent given by Dr. Denys to the College
            of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. ALLEN PHILLIP DENYS
                                          ("Dr. Denys")
                  
                                                to
                  
                        COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                          (the "College")
                  
                  
                                                                                     

            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "Discipline Committee" means the Discipline Committee of the College;
                  
                   "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
            (2)   I, Dr. Denys, certificate of registration number 29235, am a member of
                  the College.  

            (3)   I, Dr. Denys, acknowledge that, after an investigation into my practice,
                  including a review of patient charts by an assessor, the Inquiries,
                  Complaints and Reports Committee of the College referred allegations of
                  professional misconduct to the Discipline Committee in a Notice of
                  Hearing dated February 2, 2018.

            (4)   I, Dr. Denys, executed an Undertaking with the College on April 3, 2018
                  in lieu of the imposition of an Order under s. 25.4 of the Code (the "
                  April 3, 2018 Undertaking").  This Undertaking replaces and supersedes
                  the April 3, 2018 Undertaking.

            B.    UNDERTAKING

            (5)   I, Dr. Denys, undertake to abide by the provisions of this Undertaking,
                  effective immediately (the "Effective Date"). 

            (6)   Practice Restriction
                  (a)   I, Dr. Denys, undertake that I will not practice sleep medicine in
                        any jurisdiction after the Effective Date.
                  
                  (b)   I, Dr. Denys, undertake that I will not apply to return to the
                        practice of sleep medicine in Ontario or any other jurisdiction
                        after the Effective Date.
                  
            (7)   Monitoring 

                  (a)   I, Dr. Denys, undertake to inform the College of each and every
                        location where I practise or have privileges to practise,
                        including, but not limited to, any hospitals, clinics, offices, and
                        any Independent Health Facilities with which I am affiliated, in
                        any jurisdiction (collectively my "Practice Location" or "Practice
                        Locations"), within 10 (10) days of executing this Undertaking.
                        Going forward, I further undertake to inform the College of any and
                        all new Practice Locations within ten (10) days of commencing
                        practice at each location.
                  
                  (b)   I, Dr. Denys, undertake that I will submit to, and not interfere
                        with, unannounced inspections of my Practice Location(s) and
                        patient charts by a College representative for the purposes of
                        monitoring my compliance with the provisions of this Undertaking.
                  
                  (c)   I, Dr. Denys, give my irrevocable consent to the College to make
                        appropriate enquiries of OHIP and/or any person who or institution
                        that may have relevant information, in order for the College to
                        monitor my compliance with the provisions of this Undertaking.
                  
                  (d)   I, Dr. Denys, acknowledge that I have executed the OHIP consent
                        form attached hereto as Appendix "A".
                  
            C.    ACKNOWLEDGEMENT

            (8)   I, Dr. Denys, acknowledge that all appendices attached to or referred to
                  in this Undertaking form part of this Undertaking.

            (9)   I, Dr. Denys, acknowledge and undertake that I shall be solely
                  responsible for payment of all fees, costs, charges, expenses, etc.
                  arising from the implementation of any of the provisions of this
                  Undertaking. 

            (10)  I, Dr. Denys, acknowledge that I have read and understand the provisions
                  of this Undertaking and that I have obtained independent legal counsel in
                  reviewing and executing this Undertaking, or have waived my right to do
                  so.

            (11)  I, Dr. Denys, acknowledge that the College will provide this Undertaking
                  to any Chief of Staff, or a colleague with similar responsibilities, at
                  any Practice Location ("Chief of Staff" or "Chiefs of Staff").

            (12)  I, Dr. Denys, acknowledge that a breach by me of any provision of this
                  Undertaking may constitute an act of professional misconduct and/or
                  incompetence, and may result in a referral of specified allegations to
                  the Discipline Committee.

            (13)  I, Dr. Denys, acknowledge that this Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code. 

            (14)  Public Register

                  (a)   I, Dr. Denys, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be posted on
                        the Public Register.
                  
                  (b)   I, Dr. Denys, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (14)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                        Dr. Denys was referred to the Discipline Committee on allegations
                        of professional misconduct. In the face of these allegations, Dr.
                        Denys agreed that he will not practice sleep medicine and will
                        never apply to return to the practice of sleep medicine in any
                        jurisdiction.
                  
            D.    CONSENT

            (15)  I, Dr. Denys, give my irrevocable consent to the College to provide all
                  Chiefs of Staff with any information the College has that led to the
                  circumstances of my entering into this Undertaking and/or any information
                  arising from the monitoring of my compliance with this Undertaking.

Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 13 May 2019
Summary:

On May 13, 2019, the Discipline Committee found that Dr. Allen Phillip Denys committed an 
act of professional misconduct in that: he failed to maintain the standard of practice of the 
profession in his care of patients; and he engaged in acts or omissions relevant to the practice of 
medicine that would be regarded by members as disgraceful, dishonourable or unprofessional by 
ordering pulmonary function testing without appropriate clinical indication in respect of which 
he and members of his family obtained a benefit, and by failing to comply with the Conflict of 
Interest Regulation by failing to submit forms to the College declaring his conflicts of interest 
until August 16, 2017. 
 
FACTS 
 
Dr. Denys is a 68-year-old respirologist practicing in Windsor, Ontario, who received his 
certificate of registration authorizing independent practice in 1977. At the relevant times, Dr. 
Denys practiced both sleep medicine and respirology. 
 
BACKGROUND 
 
On August 24, 2016, the College received information from a physician who had previously 
practiced under the supervision of Dr. Denys at the Windsor Sleep Disorders Clinic. The 
physician expressed concern that Dr. Denys routinely ordered pulmonary function tests without 
appropriate clinical indication for patients referred to the Windsor Sleep Disorders Clinic. On the 
basis of this information, the Inquiries, Complaints and Reports Committee of the College (the 
“ICRC”) approved the appointment of investigators under section 75(1)(a) of the Health 
Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991 
(the “Code”) in order to conduct a broader investigation into Dr. Denys’ practice. 
 
INVESTIGATION INTO DR. DENYS’ PRACTICE 
 
Facilities in which Dr. Denys and his family members have or had an interest. 
 
At the relevant times, Dr. Denys was the Quality Advisor and an interpreting physician at a sleep 
medicine clinic known as the Windsor Sleep Disorders Clinic. The Windsor Sleep Disorders 
Clinic is an Independent Health Facility, which is permitted pursuant to a license to bill facility 
fees to OHIP. Dr. Denys’ daughter was the sole shareholder of the corporation that held the 
license to operate this Independent Health Facility. 
 
Dr. Denys is the Quality Advisor and the main interpreting physician at a pulmonary function lab 
known as Essex County Respiratory Services, an Independent Health Facility. Dr. Denys’ 
daughter is the sole shareholder of the corporation that holds the license to operate this 
Independent Health Facility. 
 
Dr. Denys is also the Quality Advisor and the main interpreting physician for pulmonary 
function tests at a pulmonary function and diagnostic imaging facility known as Essex County 
Diagnostic Services, an Independent Health Facility. One of the daughters is the sole shareholder 
of the corporation that holds the license to operate this Independent Health Facility.  
 
In addition, Dr. Denys’ brother is the sole shareholder of the corporation known as Denys Sleep 
Supplies and Services Inc., which is operated from the same location as the Windsor Sleep 
Disorders Clinic and which is described as a “Patient liaison to facilitate the purchase of sleep 
equipment and sleep supplies for treatment of sleep apnea”.  
 
Failure to Maintain the Standard of Practice of the Profession 
 
The College retained Dr. Raymond Gottschalk, a respirologist who practices both sleep medicine 
and respirology, to opine on Dr. Denys’ care and treatment of patients at the Windsor Sleep 
Disorders Clinic. Dr. Gottschalk conducted a review of 50 patient charts of patients from the 
Windsor Sleep Disorders Clinic, along with those patients’ OHIP data, and interviewed Dr. 
Denys on August 17, 2017. His report was received by the College on August 30, 2017. 
 
Dr. Gottschalk noted that in almost every chart reviewed, patients were booked for a pulmonary 
function test immediately upon referral to the Windsor Sleep Disorders Clinic. Dr. Gottschalk 
opined that there was no clinical indication for such testing evident on the face of the referral nor 
had the patient been evaluated in person by Dr. Denys. In addition, although routine pulmonary 
function tests were booked on almost all patients, Dr. Gottschalk opined that the results of such 
testing were not addressed in the consultation reports to the referring physicians nor were 
abnormalities identified or treatments recommended. 
 
In addition, Dr. Gottschalk opined that there were other significant areas of concern with 
Dr. Denys’ sleep medicine practice, including that: 
-  There was no effective initial triage process to distinguish between severe patients and 
   routine patients. All patients appeared to be treated with the same strategy without evaluating 
   the severity of the condition for which they were referred; 
-  There was a failure to report unsafe drivers to the Ministry of Transportation or to 
   recommend to patients that they not drive; 
-  The presenting complaint was not addressed in the consultation report provided by Dr. 
   Denys to the referring physician; 
- There was no effective triage following sleep studies, with the result that some patients with 
  extremely severe sleep apnea experienced 6-9 month delays in getting treatment; 
- The quality of the sleep study reports and consultation reports provided to the referring 
  physician was poor, with nearly identical assessments and recommendations regardless of the 
  issues or severity of concerns identified in the sleep study; 
- In some cases there was no evidence that the patient had attended for a consultation with Dr. 
  Denys following the sleep study, nor any evidence that attempts had been made to contact the 
  patient or that the referring physician was advised that the patient did not attend for the 
  consultation. 
 
Dr. Gottschalk opined that Dr. Denys failed to meet the standard of practice of the profession in 
his care and treatment of patients in 45 of the 50 patient charts reviewed, that Dr. Denys 
demonstrated a lack of knowledge, skill and/or judgment in 44 of the 50 patient charts reviewed, 
and that Dr. Denys’ clinical practice exposed, or was likely to expose, patients to a risk of harm 
in 25 of the 50 patient charts reviewed. 
 
Dr. Denys provided responses outlining the changes to his practice to address the concerns of Dr. 
Gottschalk. Dr. Gottschalk reviewed Dr. Denys’ responses, with reference to the specific patient 
charts, and delivered addendum reports dated November 24, 2017 and January 7, 2018. 
 
Disgraceful, dishonourable and unprofessional conduct 
 
As indicated in the reports of Dr. Gottschalk, Dr. Denys ordered pulmonary function tests 
without appropriate clinical indication. Dr. Denys’ daughters own the licenses of Essex County 
Respiratory Services and Essex County Diagnostic Services, the Independent Health Facilities 
where the pulmonary function tests were performed, and Dr. Denys is the main interpreting 
physician for pulmonary function tests at both facilities. 
 
Referring patients for testing without appropriate clinical indication and from which he and his 
family members received a benefit constitutes disgraceful, dishonourable and unprofessional 
conduct. In addition, Dr. Denys failed to comply with conflict of interest requirements, which 
also constitutes disgraceful, dishonourable and unprofessional conduct.  
 
Dr. Denys failed to inform the College of his conflicts of interest in respect of Windsor 
Sleep Disorders Clinic, Essex County Respiratory Services, Essex County Diagnostic Services 
and Denys Sleep Supplies and Services Inc. until he submitted the Conflict of Interest 
declaration forms on August 16, 2017. 
 
INTERIM UNDERTAKING 
 
On March 6, 2018, the ICRC directed that Dr. Denys enter into an Undertaking in lieu of 
imposing an Order pursuant to s. 25.4(1) of the Code (the “Section 25.4 Undertaking”). The 
Section 25.4 Undertaking provides that Dr. Denys must practice sleep medicine under the 
supervision of a Clinical Supervisor until the disposition of the allegations referred to the 
Discipline Committee. 
 
FACTS ON PENALTY 
 
On April 12, 2019, Dr. Denys entered into an Undertaking with the College in which he agreed 
to cease practicing sleep medicine in all jurisdictions and to never resume doing so.   
 
DISPOSITION 
 
On May 13, 2019, the Discipline Committee ordered and directed that: 
-  the Registrar suspend Dr. Denys’ certificate of registration for a period of four (4) months, 
   commencing from May 14, 2019 at 12:01 a.m. 
-  the Registrar place the following terms, conditions and limitations on Dr. Denys’ certificate 
   of registration: 
   o  Dr. Denys will participate in and pass the PROBE Ethics & Boundaries Program offered 
      by  the  Centre  for  Personalized  Education  for  Professionals (CPEP), with  a  report  or 
      reports  to  be  provided by CPEP to  the  College  regarding Dr.  Denys’  progress  and 
      compliance. Dr. Denys will complete this requirement within 6 months, or, if it is not 
      possible to  do so within 6 months, at  the first  available PROBE Ethics & Boundaries 
      program for which Dr. Denys is eligible. 
-  Dr. Denys attend before the panel to be reprimanded. 
-  Dr. Denys to pay costs to the College in the amount of $6,000.00 within 30 days of the date 
   of this Order.


Decision: Download Full Decision (PDF)
Hearing Date(s): May 13, 2019 9:15 a.m. start

Concerns Flag: indicates a concern or additional information

Source: Member
Active Date: April 12, 2019
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Allen Phillip Denys to the College of Physicians and Surgeons of Ontario, effective April 12, 2019:

Dr. Denys was referred to the Discipline Committee on allegations of professional misconduct. In the face of these allegations, Dr. Denys agreed that he will not practice sleep medicine and will never apply to return to the practice of sleep medicine in any jurisdiction.