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Cowan, John Balfour

CPSO#: 41605

MEMBER STATUS
Expired: Failure to Renew Membership as of 09 Aug 2012
CURRENT OR PAST CPSO REGISTRATION CLASS
None as of 20 Feb 2003

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education: University of Glasgow School of Medicine, 1965

Practice Information

Primary Location of Practice
Practice Address Not Available

Specialties

Specialty Issued On Type
No Speciality Reported

Registration History

Action Issue Date
First certificate of registration issued: Underserviced Area Practice Certificate Effective: 29 Jun 1971
Transfer of class of certificate to: Restricted certificate Effective: 20 Feb 2003
Terms and conditions imposed on certificate Effective: 20 Feb 2003
Suspension of registration imposed: Discipline Committee Effective: 01 Apr 2003
Suspension of registration removed Effective: 01 Jul 2003
Terms and conditions amended by Discipline Committee Effective: 03 Jul 2009
Expired: Failure to Renew Membership Expiry: 09 Aug 2012

Previous Hearings

Committee: Discipline
Decision Date: 21 Feb 2003
Summary:

On February 21, 2003, the Discipline Committee found that Dr. Cowan committed acts of professional misconduct in that he failed to maintain the standard of the profession, that he had been found guilty of an offence that is relevant to his suitability to practise, that he falsified a record relating to his practice, that he contravened a section of the Aeronautics Act and the Regulated Health Professions Act, that he sexually abused a patient by making remarks of a sexual nature, that he practiced medicine while his ability was impaired, that he had a conflict of interest in his dealings with a patient, and that he committed acts unbecoming a physician and that were disgraceful, dishonourable and unprofessional. In addition the Committee found that the allegation of incompetence is established.

The Discpiline Committee ordered the following:

1. Dr. Cowan appear before the Committee to be reprimanded and the fact of such reprimand be recorded in the register.

2. The Registrar suspend Dr. Cowan s certificate of registration, effective April 1, 2003, for a period of twelve (12) months, with nine (9) months of this suspension to be suspended on the strict condition that Dr. Cowan comply with the following terms and conditions:

a) that Dr. Cowan successfully complete, at his own expense, a prescribing course offered by the College, or such other course acceptable to the Registrar, at the earliest available date and not later than twelve (12) months from the date of this Order.

b) that Dr. Cowan successfully complete, at his own expense, the physician-patient boundaries course offered by the College, at the earliest available date and not later than twelve (12) months from the date of this Order.

c) that Dr. Cowan undertake as soon as possible, but not later than six months from the date of this Order, at his own expense, a PREP assessment under the auspices and supervision of the Quality Assurance Committee and successfully complete any remedial and assessment steps recommended by the PREP assessor or the Quality Assurance Committee. The PREP assessor and the Quality Assurance Committee shall be provided with the decision and reasons of this panel in advance of the assessment. The PREP assessor shall provide a full report to the Quality Assurance Committee following the assessment and any reassessment. In the event that Dr. Cowan scores level 1, 2, or 3, on the PREP assessment, he shall be permitted to continue in practise while undergoing any remedial steps recommended by the assessor or the Quality Assurance Committee.In the event that Dr. Cowan scores level 4 or 5, he will be required to withdraw completely from the practise of medicine until such time as he achieves level 3 or higher on a PREP reassessment.

d) in the event that Dr. Cowan fails to comply with any of the conditions set out in paragraphs (a) (c) above, the suspended nine months of his suspension will take operative effect immediately upon notice from the Registrar advising of such non-compliance.

3. The Registrar impose the following terms, conditions and limitations on Dr. Cowan s certificate of registration:

a) the term specified in paragraph 2(c) above shall be a term, condition and limitation on Dr. Cowan s certificate of registration, in addition to forming a condition of the partial suspension of the twelve (12) month suspension.

b) that Dr. Cowan be prohibited from prescribing any of the drugs listed in Schedule 1 to the Controlled Drugs and Substances Act with the exception of Codeine alone or in combination with non-narcotic analgesics.

c) that Dr. Cowan is to immediately send a letter to the Director, Office of Controlled Substances, Health Canada, advising that the Discipline Committee of the College of Physicians and Surgeons of Ontario has imposed a condition on his certificate of registration prohibiting the prescribing of the drugs on Schedule 1 to the Controlled Drugs and Substances Act with the exception of Codeine alone or in combination with non-narcotic analgesics, and provide proof to the Registrar that he has sent such a letter.

d) that Dr. Cowan cease to serve as an Ontario Provincial Coroner, a Federal Civil Aviation Examiner and a Federal Immigration Examiner.

e) that commencing immediately and for a period of five (5) years from the date of this order,

i) Dr. Cowan shall enter into a course of regular treatment with a physician specializing in addiction medicine, which physician shall be proposed by Dr. Cowan and subject to the written approval of the Registrar or an Associate Registrar. The approved physician shall enter into an undertaking with, and acceptable to, the Registrar or an Associate Registrar to serve in this capacity and to complete the steps set out below. The frequency of treatment visits shall be determined by the treating physician, but shall take place at least once every six (6) months. The treating physician shall undertake or supervise random urine testing of Dr. Cowan, the frequency of which shall be determined by the treating physician, but shall take place at least three times annually. The treating physician shall submit reports acceptable to the Registrar or an Associate Registrar, including the results of the random urine testing, as appropriate and, in any event, not less than once every six(6) months.

ii) Dr. Cowan shall be subject to random, unannounced inspections, carried out by inspector(s) selected by the Registrar or an Associate Registrar, which inspections may include clinical records reviews, inspection of infection control practices and procedures, staff training and delegation of controlled acts. Such inspections are to be carried out at least once and not more than three (3) times annually. The inspector(s) shall submit a detailed report to the Registrar or Associate Registrar within thirty (30) days after each inspection. The costs of such inspections shall be borne by Dr. Cowan.

(f) Dr. Cowan or the College may apply to the Discipline Committee after five (5) years for a variation of this Order.

In addition, the Committee ordered Dr. Cowan to pay costs in the amount of $5000.00 within six (6) months of the date of this Order.

On Septembe 23, 2005 the Discipline Committee heard a motion to vary the conditions of the order dated June 24, 2003.On Novembe 15, 2005 the Discipline Committee dismissed the motion.

(iii) The treating physician shall submit reports to the Registrar, including the results of the random urine testing, every three months for the first year and then every six months thereafter;

(iv) After the first year, this course of treatment shall continue until such time as the treating physician determines that thecourse of treatment is no longer required by Dr. Cowan.

On July 3, 2009, the Discipline Committee heard a motion brought by Dr. Cowan for an order to vary the terms, conditions and limitations imposed on his certificate of registration pursuant to an order of the Committee made on February 21, 2003.

The Committee made the following order:

1. The Order of the Discipline Committee made February 21, 2003 is hereby varied by the addition of the following to the conclusion of subparagraph 2(c) thereof:
... except that Dr. Cowan can act solely as a surgical assistant in a hospital. Dr. Cowan shall not provide pre-operative or post-operative care.

2. The Order of the Discipline Committee made February 21, 2003 is hereby varied by the addition of the following as subparagraph 2(c.1):

(c.1) Dr. Cowan shall only act as a surgical assistant provided that he enter into a course of regular treatment with Dr. X in Newmarket, Ontario, or such other physician specializing in addiction medicine proposed by Dr. Cowan and approved in writing by the Registrar. Dr. X or the approved physician shall enter into an undertaking with, and acceptable to, the Registrar to serve in this capacity and to complete the steps set out below:

(i) The frequency of treatment visits shall be determined by the treating physician but shall take place at least monthly for the first six months;

(ii) The treating physician shall undertake or supervise random urine testing of Dr. Cowan, the frequency of which shall be at least every three months for the first year;

(iii) The treating physician shall submit reports to the Registrar, including the results of the random urine testing, every three months for the first year and then every six months thereafter;

(iv) After the first year, this course of treatment shall continue until such time as the treating physician determines that the course of treatment is no longer required by Dr. Cowan.
 


Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Feb 17, 2003