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Shamess, Brian Albert

CPSO#: 32673

MEMBER STATUS
Active Member as of 09 Jul 1981
CPSO REGISTRATION CLASS
Restricted as of 06 Oct 2014
Flag: Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:The University of Western Ontario, 1980

Practice Information

Primary Location of Practice
Algoma Sports Medicine &
Physical Injuries Clinic
Suite 105
974 Queen Street East
Sault Ste Marie ON  P6A 2C5
Phone: (705) 759-2393
Fax: (705) 759-4835 Electoral District: 08

Professional Corporation Information


Corporation Name: B.A. Shamess Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Oct 19 2006

Shareholders:
Dr. B. Shamess ( CPSO# 32673 )

Business Address:
Algoma Sports Medicine & Physical Injuries Clinic
Suite 105
974 Queen Street East
Sault Ste Marie ON  P6A 2C5
Phone Number: (705) 759-2393

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 09 Jul 1981
Transfer of class of certificate to: Restricted certificate Effective: 06 Oct 2014
Terms and conditions imposed on certificate by member Effective: 06 Oct 2014
Terms and conditions amended by member Effective: 27 Feb 2017
Terms and conditions amended by Discipline Committee Effective: 05 Jul 2019

Practice Restrictions Flag: indicates a concern or additional information

Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 05 Jul 2019 Active
 
            (1 of 2) As from October 6, 2014, the following is imposed as a term, condition
            and limitation on the certificate of registration held by Brian Albert Shamess,
            in accordance with an undertaking and consent given by Dr. Shamess to the
            College of Physicians and Surgeons of Ontario:

                  Dr. Shamess may not engage in the practice of performing lumbar and
                  thoracic epidural blocks, lumbar sympathetic blocks, celiac plexus
                  blocks, interscalene blocks and interscalene brachial plexus blocks in
                  any practice setting.
                  
                  
            (2 of 2) As from February 27, 2017, the following is imposed as terms,
            conditions and limitations on the certificate of registration held by Dr. Brian
            Albert Shamess, in accordance with an undertaking and consent given by Dr.
            Shamess to the College of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. BRIAN ALBERT SHAMESS
                                          ("Dr. Shamess")
                  
                                                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; 
                  
                  "ICR Committee" means the Inquiries, Complaints and Reports Committee of
                  the College;
                  
                  "NMS" means the Drug Program Services Branch, the Narcotics Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
            (2)   I, Dr. Shamess, certificate of registration number 32673, am a member of
                  the College.  The College has received information regarding my standard
                  of practice.

            (3)   I, Dr. Shamess, acknowledge that the College initiated an investigation
                  bearing File Number 7214990 (the "Investigation") into my standard of
                  practice.

            B.    UNDERTAKING

            (4)   I, Dr. Shamess, undertake to abide by the provisions of this Undertaking,
                  effective immediately.

            (5)   Clinical Supervision 

                  (a)   I, Dr. Shamess, undertake to practise under the guidance of a
                        clinical supervisor(s) acceptable to the College (the "Clinical
                        Supervisor(s)"), for six(6) months ("Clinical Supervision"). 
                  
                  (b)   I, Dr. Shamess, acknowledge that I have reviewed the Clinical
                        Supervisor(s)'s undertaking, attached hereto as Appendix "A", and
                        understand what is required of the Clinical Supervisor(s). The
                        Clinical Supervisor(s) will, at minimum: 
                  
                        (i)   Facilitate the education program set out in the
                              Individualized Education Plan ("IEP"), attached hereto as
                              Appendix "B";
                  
                        (ii)  Meet with me at my Practice Location, or another location
                              approved by the College, once every month;
                  
                        (iii) Review at least twenty (20) of my patient charts at every
                              meeting;
                  
                        (iv)  Discuss any concerns arising from the chart reviews;
                  
                        (v)   Make recommendations to me for practice improvements and
                              ongoing professional development and inquire into my
                              compliance with the recommendations; 
                  
                        (vi)  Perform any other duties, such as reviewing other documents
                              or conducting interviews with staff or colleagues, that the
                              Clinical Supervisor(s) deem necessary to my Clinical
                              Supervision; and
                  
                        (vii) Submit written reports to the College at least once every
                              month, or more frequently if the Clinical Supervisor(s) has
                              concerns about my standard of practice.
                  
                  (c)   I, Dr. Shamess, acknowledge that the charts reviewed shall be
                        selected by the Clinical Supervisor(s) based on the educational
                        needs identified in the IEP, attached hereto as Appendix "B", as
                        well as the areas of concern identified in the report(s) of the
                        medical inspector dated November 11, 2016, and concerns that may
                        arise during the period of Clinical Supervision.
                  
                  (d)   I, Dr. Shamess, undertake to cooperate fully with the Clinical
                        Supervision of my practice, conducted under the term of this
                        Undertaking and Appendix "A" to this Undertaking, and to abide by
                        the recommendations of my Clinical Supervisor(s), including but not
                        limited to, any recommended practice improvements and ongoing
                        professional development.
                  
                  (e)   I, Dr. Shamess, undertake to ensure that Appendix "A" to this
                        Undertaking, is signed and delivered to the College within thirty
                        (30) days of the date I execute this Undertaking.
                  
                  (f)   I, Dr. Shamess, undertake that if a person who has given an
                        undertaking in Appendix "A" to this Undertaking is unable or
                        unwilling to continue to fulfill its provisions, I shall, within
                        twenty (20) days of receiving notice of same, obtain an executed
                        undertaking in the same form from a similarly qualified person who
                        is acceptable to the College and ensure that it is delivered to the
                        College within that time.
                  
                  (g)   I, Dr. Shamess, undertake that if I am unable to obtain a Clinical
                        Supervisor on the provisions set out under sections (5)(e) and/or
                        (f) above, I will cease practising medicine until such time as I
                        have obtained a Clinical Supervisor acceptable to the College.  
                  
                  (h)   I, Dr. Shamess, acknowledge that if I am required to cease practise
                        as a result of section (5)(g) above this will constitute a term,
                        condition or limitation on my certificate of registration and that
                        term, condition or limitation will be included on the public
                        register.
                  
            (6)   Professional Education  

                  (a)   I, Dr. Shamess, undertake to participate in and successfully
                        complete all aspects of the detailed IEP, attached hereto as
                        Appendix "B", including all of the following professional education
                        (the "Professional Education"):
                  
                        (i)   a program(s) satisfactory to the College in: 
                  
                              1.    medical record keeping; and
                  
                              2.    safe opioid prescribing; 
                  
                        (ii)  any additional professional education recommended by my
                              Clinical Supervisor(s).
                  
                  (b)   I, Dr. Shamess, undertake to provide proof to the College of my
                        successful completion of the Professional Education, including
                        proof of registration and attendance and participant assessment
                        reports, within one (1) month of completing it. I acknowledge that
                        the College will determine, in its sole discretion, whether I have
                        successfully completed the Professional Education.
                  
                  (c)   I, Dr. Shamess, acknowledge that a report or reports may be
                        provided to the College regarding my progress and compliance with
                        the Professional Education.
                  
                  (d)   I, Dr. Shamess, undertake to complete this requirement within six
                        months or, if no satisfactory program is available by that time, by
                        the first possible opportunity thereafter.
                  
            (7)   Reassessment of Practice

                  (a)   I, Dr. Shamess, undertake that, approximately six(6) months after
                        the completion of the Clinical Supervision set out in section (3)
                        above and Appendix "A" to this Undertaking, I will submit to a
                        reassessment of my practice ("the Reassessment") by an assessor or
                        assessors selected by the College (the "Assessor(s)").  I
                        acknowledge that the Reassessment may include a chart review,
                        direct observation of my care, interviews with colleagues and
                        co-workers, feedback from patients and any other tools deemed
                        necessary by the College.
                  
                  (b)   I, Dr. Shamess, undertake to co-operate fully with the
                        Reassessment, conducted under the term of this Undertaking, and to
                        abide by those recommendations of the Assessor(s) that are approved
                        by the ICR Committee.
                  
                  (c)   I, Dr. Shamess, acknowledge that my Clinical Supervisor(s) may
                        receive and review the findings of the Assessor(s), and may discuss
                        with the Assessor(s) any issues or concerns arising from the
                        Reassessment.  I also acknowledge that the results of the
                        Reassessment will be provided to me and reported to the College and
                        the report may form the basis of further action by the College. 
                  
                  (d)   I, Dr. Shamess, acknowledge that if I am of the view that any of
                        the Assessor(s)'s recommendations are unreasonable, I will have
                        thirty (30) days following my receipt of the recommendations within
                        which to provide the College with my submissions in this regard.  I
                        further acknowledge that thereafter, the ICR Committee will
                        consider my submissions and make a determination regarding whether
                        or not the recommendations, or any of them, are reasonable and if
                        so, whether they, or any of them, constitute limitations or
                        restrictions on my practice, and that decision will be provided to
                        me.
                  
                  (e)   I, Dr. Shamess, undertake that, following the decision referenced
                        in section (7)(d) above, I will abide by those recommendations of
                        the Assessor(s) that the ICR Committee has determined are
                        reasonable. 
                  
                  (f)   I, Dr. Shamess, hereby consent to any of the following being
                        included on the public register as terms, conditions or limitations
                        on my certificate of registration, for the purposes of section 23
                        of the Code: 
                  
                        (i)   any recommendations of the Assessor(s) which are terms,
                              conditions or limitations on my practice;  
                  
                        (ii)  any recommendations of the Assessor(s) which the ICR
                              Committee has identified in its decision referenced in
                              section (7)(d) as terms, conditions or limitations on my
                              practice.
                  
            (8)   Monitoring 

                  (a)   I, Dr. Shamess, undertake to inform the College of each and every
                        location that I practise or have privileges, including, but not
                        limited to, hospital(s), clinic(s) and office(s), in any
                        jurisdiction (collectively my "Practice Location(s)"), within five
                        (5) days of executing this Undertaking.  Going forward, I further
                        undertake to inform the College of any and all new Practice
                        Locations within five (5) days of commencing practice at that
                        location.
                  
                  (b)   I, Dr. Shamess, undertake that I will submit to, and not interfere
                        with, unannounced inspections of my Practice Location(s) and
                        patient records by a College representative for the purposes of
                        monitoring my compliance with the provisions of this Undertaking.
                  
                  (c)   I, Dr. Shamess, give my irrevocable consent to the College to make
                        appropriate enquiries of OHIP,  NMS 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. Shamess, acknowledge that I have executed the OHIP and NMS
                        consent form(s), attached hereto as Appendix "C" and Appendix "D",
                        respectively. 
                  
            C.    ACKNOWLEDGEMENT

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

            (10)  I, Dr. Shamess, 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. 

            (11)  I, Dr. Shamess, 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.

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

            (13)  I, Dr. Shamess, 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 of the College.

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


            (15)  Public Register

                  (a)   I, Dr. Shamess, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be posted on
                        the Public Register.
                  
                  (b)   I, Dr. Shamess, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (16)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                              Dr. Shamess was the subject of a College investigation into
                              his standard of practice. As a result of the investigation:
                  
                              *     Dr. Shamess will practise under the guidance of a
                                    Clinical Supervisor acceptable to the College for 6
                                    months. 
                              *     Dr. Shamess will engage in professional education in
                                    record keeping and safe opioid prescribing.
                              *     Dr. Shamess's practice will be reassessed by an
                                    assessor selected by the College within 6 months of the
                                    end of the period of Clinical Supervision.
                  
            D.    CONSENT

            (16)  I, Dr. Shamess, give my irrevocable consent to the College to provide the
                  following information to any person who requires this information for the
                  purposes of facilitating my completion of the professional education set
                  out in section (6) above and to all Clinical Supervisors, and/or
                  Assessors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and 
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (17)  I, Dr. Shamess, give my irrevocable consent to the College to provide all
                  Chief(s) 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.

            (18)  I, Dr. Shamess, give my irrevocable consent to any person who facilitates
                  my completion of the professional education set out in section (6) above,
                  and to all Clinical Supervisors, Chiefs of Staff and Assessors, to
                  disclose to the College, and to one another, any information:

                  (a)   relevant to this Undertaking;
                  (b)   relevant to the provisions of the Clinical Supervisor's undertaking
                        set out at Appendix "A" to this Undertaking;
                  (c)   relevant to the Reassessment;
                  (d)   relevant for the purposes of monitoring my compliance with this
                        Undertaking; and/or  
                  (e)   which comes to his or her attention in the course of providing the
                        professional education set out in section (6) above and which he or
                        she reasonably believes indicates a potential risk of harm to my
                        patients.
                  

Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 11 Jun 2019
Summary:

On June 11, 2019, the Discipline Committee found that Dr. Brian Albert Shamess committed an 
act of professional misconduct, in that he has engaged in conduct or 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 in relation to Patient A.  
 
On July 24, 2011, Dr. Shames conducted a track mark examination regarding Patient A. 
Patient A stated that Dr. Shamess had examined her inappropriately at this examination.  
 
The Committee found that the track mark examination of July 14, 2011 was clinically indicated. 
Dr. Shamess had good reason to suspect injectable drug use, based on Patient A’s history. He 
was acting judiciously, professionally, and in the interests of his patient in examining her for 
evidence of injectable drug abuse. The Committee found that he requested and received 
consent from Patient A in this regard. 
 
However, the Committee found that Dr. Shamess’s actions (even on his own evidence of what 
occurred) during the course of the track mark examination, left Patient A feeling exposed, 
violated, and distressed. The Committee accepted Patient A’s evidence as to how she felt 
following the examination.  
 
With respect to her belief that her privacy had been violated during the track mark examination, 
the Committee found that Patient A was credible in her evidence. Unlike her evidence with 
respect to the details of the examination, her evidence as to how she felt about the examination 
did not materially change when she subsequently complained to multiple individuals that Dr. 
Shamess had examined her improperly, including to Dr. Shamess himself and nursing staff at his 
office. Further, Dr. Shamess accepted that she had been upset, and arranged a long session with 
Patient A to explore her concerns. Despite serious problems with Patient A’s credibility in other 
areas, the Committee found that her evidence that she felt violated and exposed by the manner 
in which the track mark examination was conducted was persuasive.  
 
Dr. Shamess had a professional obligation to conduct this examination in a way that was more 
respectful of Patient A’s privacy. Alternatives would have included having a female nurse 
perform the examination, having a chaperone present with him in his office while the 
examination was being conducted, and offering Patient A draping or a gown. Dr. Shamess’s 
actions were insensitive and disrespectful to Patient A. The Committee found that the 
membership would reasonably regard his conduct in this regard as unprofessional 
 
The Committee therefore found the allegation of disgraceful, dishonourable, or unprofessional 
conduct is proven, with respect to this incident regarding Patient A. 
 
Disposition 
 
On July 5, 2019, the Discipline Committee ordered that: 
-  Dr. Shamess appear before the panel to be reprimanded 
-  Dr. Shamess pay the College its costs of this proceeding in the amount of $5,090.00 within 
   30 days from the date of this Order. 
 
Appeal 
 
                                     

On July 9, 2019, Dr. Shamess appealed the decisions of the Discipline Committee on finding of 
June 11, 2019 and penalty of July 5, 2019. Pursuant to ss.25(1) of the Statutory Powers 
Procedure Act, the decision of the Discipline Committee is stayed pending the outcome of the 
appeal.


Decision: Download Full Decision (PDF)
Hearing Date(s): June 18-22, October 22, 24-25, November 1, November 19-23, 2018, February 25, 26, 2019 Penalty hearing date: July 5, 2019

Concerns Flag: indicates a concern or additional information

Source: ICR Committee
Active Date: April 19, 2018
Expiry Date:
Summary:
Caution-in-Person and Specified Continuing Education and Remediation Program

A summary of a decision of the Inquiries, Complaints and Reports Committee (“ICRC”) in which the disposition includes a "caution-in-person" or a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of ICRC. A SCERP is one of the dispositions that the College’s ICRC may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed.

Summaries will be removed from the register if the decision is overturned on appeal or review. This posting requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a Caution-in-Person and a SCERP:

Note: This matter has been appealed to the Health Professions Appeal and Review Board.
Download Full Document (PDF)


Source: Member
Active Date: February 27, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Brian Albert Shamess to the College of Physicians and Surgeons of Ontario, effective February 27, 2017:

Dr. Shamess was the subject of a College investigation into his standard of practice. As a result of the investigation:

• Dr. Shamess will practise under the guidance of a Clinical Supervisor acceptable to the College for 6 months.
• Dr. Shamess will engage in professional education in record keeping and safe opioid prescribing.
• Dr. Shamess’s practice will be reassessed by an assessor selected by the College within 6 months of the end of the period of Clinical Supervision.