Committee: Discipline
Decision Date: 09 Dec 1992
Summary:
In December 1992, the Discipline Committee found Dr. Callaghan guilty of professional misconduct, as defined in s. 27(21) of Ontario Regulation 448/80, as amended, in that he failed to maintain the standard of practice of the profession.
The Committee also found Dr. Callaghan incompetent, as defined in s. 61(4) of the Health Disciplines Act, 1990, as amended, in that he displayed in his 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 he is unfit to continue in practice.
Consequently, the Committee imposed the following penalty:
1. Dr. Callaghan's licence to practice was to be suspended for a period of six months.
2. This suspension was itself to be suspended, on the condition that Dr. Callaghan provide the current panel or another panel of the Discipline Committee with the details of an acceptable position of employment which, at a minimum, was to incorporate the following aspects, to the satisfaction of the Committee:
(a) appropriate supervision in a clearly-defined role as part of a suitably-sized group of radiologists;
(b) a job description which was to recognize his appropriate clinical role; and
(c) ongoing semi-annual reports from the Head of such a department to the Registrar of the College, which in
form and content were to be satisfactory to the Registrar.
3. A review of the Decisions and Reasons in the present Discipline case was to be acknowledged in writing by the Head of the Department employing Dr. Callaghan on the occasion of the determination of the acceptability of the program of employment by the Discipline Committee.
4. In the event that the Discipline Committee judged the proposed progam of employment as acceptable, Dr. Callaghan's licence to practice medicine was to be restricted to practicing in that program, and only under those circumstances, until such time as further application for a variation of conditions might be approved by a panel of this Committee.
5. Failure by Dr. Callaghan to apply to the Discipline Committee for approval of such an employment program within six months of the date of receipt of these Reasons would result in a revocation of his licence to practice.
6. Failure to comply, in the opinion of the Registrar, with any of the terms and conditions of an approved program of employment was to result in the immediate suspension of Dr. Callaghan s licence to practice.
On September 9, 1993, after hearing an Application to suspend the suspension of Dr. Callaghan's certificate of registration, the Committee made the following order:
1) Dr. James Callaghan's certificate shall be restricted to practising in a program established for him by the Department of Diagnostic Imaging at a major city hospital for a period of one year;
2) Such practice shall be under the supervision of Dr. A., Chief of Radiology, or his alternate;
3) An entry needs assessment and an exit evaluation shall be performed and be made available to the Registrar of the College and on any future application to this Committee to vary these regulations;
4) All work by Dr. Callaghan in the Department of Radiology shall be supervised by members of said Department;
5) Dr. A. or his alternate shall provide quarterly reports to the College which, in form and content, are satisfactory, in his sole discretion, to the Registrar;
6) Should any report be deemed unsatisfactory by the Registrar or any of the terms and conditions of this restricted certificate not be complied with, Dr. Callaghan's certificate of registration to practise shall be immediately suspended in accordance with the Committee's decision of February 26,1993; and
7) Any request for an extension of variation of these conditions shall be made by way of timely application near the end of the one year period of the program referred to in paragraph above.
On May 12, 1995, Counsel for the College and for Dr. Callaghan presented the Committee with a draft Order to vary the terms, conditions and limitations imposed upon Dr. Callaghan's certificate of registration. This Order was agreed upon by both parties, except for the extent of the new terms, conditions and limitations to be so imposed. The College recommended a twelve-month transitional period of supervision; Dr. Callaghan, through his counsel, asked for a six-month transitional period of supervision.
The Discipline Committee made an Order directing the Registrar to remove the terms, conditions and limitations currently imposed on the certificate of registration of Dr. James Edwin Callaghan, and to substitute the following terms, conditions and limitations: Dr. Callaghan may only practise general radiology, fluoroscopy and ultrasonography, and only in accordance with the supervisory and other provisions in the rest of this order. The objective of the practice experience authorized by this Order is to provide a transitional period of six months to assist Dr. Callaghan in the transition from a heavily supervised practice towards an independent practice. The six-month practice experience authorized by this Order must be completed by Dr. Callaghan within twenty-four months of the date of this Order. During the term of this Order:
Dr. Callaghan may only practise in a diagnostic facility licensed under the Independent Health Facilities Act which has a certified radiologist as its quality advisor, or in a public health facility;
Dr. Callaghan's practice will be reviewed in detail on an ongoing basis, at Dr. Callaghan's expense, by a certified radiologist agreeable to Dr. Callaghan and acceptable to the Registrar.
Reports regarding the assessments will be sent by the supervisor to the College's Director of Professional Enhancement. The supervisor will promptly inform the Director of Professional Enhancement if Dr. Callaghan is not practising in accordance with the standards of radiological consultation in Ontario, or if Dr. Callaghan is removed or suspended from the diagnostic facility The supervisor will notify Dr. Callaghan and the Director of Professional Enhancement, if the supervisor believes that Dr. Callaghan's performance is placing patients at risk and Dr. Callaghan will immediately stop practising.
Dr. Callaghan is to appear before the Discipline Committee again if the supervisor's reports are not satisfactory. If the Committee forms the opinion that Dr. Callaghan is not progressing satisfactorily, or that different methods of supervision are necessary to accomplish the objectives of the practice experience, the Committee may amend the terms, conditions and limitations imposed on his certificate of registration accordingly. If the Committee receives information leading it to believe there has been a breach of any of the terms, conditions and limitations in this Order, or other adverse information about Dr. Callaghan, it will take whatever steps it considers advisable in the interests of the public and of Dr. Callaghan, including the revocation of Dr. Callaghan's certification of registration.
If Dr. Callaghan complies with this Order and his assessments are satisfactory, the terms, conditions and limitations currently imposed will be removed from his certificate of registration.
Appeal: Appeal Dismissed
Appeal Decision Date: 1994-01-27
Hearing Date(s): 16 Nov 1992