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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 Inquiries, Complaints and Repo Effective: 26 Mar 2019
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
Inquiries, Complaints and Reports Committee Effective: 26 Mar 2019 Active
 
            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.
                  
                  

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)