Committee: Discipline
Decision Date: 15 Mar 2018
Summary:
On March 15, 2018, the Discipline Committee found that Dr. Michael Kaminski committed an act of professional misconduct in that he has engaged in 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.
Dr. Michael Kaminski is a family medicine physician who practised in Toronto.
Cease to Practice Undertaking
On June 10 of 2015, Dr. Kaminski executed a Cease to Practice undertaking (“the June 2015 Undertaking”), by which he voluntarily agreed to cease practising medicine in any jurisdiction until particular conditions had been met including:
- Providing a minimum of forty-five days’ notice to the College of his intent to return to the practice of medicine;
- Providing the College with proof that he is participating in a program of continuing professional development that meets the requirements for continuing professional development of the College of Family Physicians of Canada; and
- Approval by the College of Dr. Kaminski’s return to the practice of medicine.
Pursuant to the June 2015 Undertaking, Dr. Kaminski also undertook to forward a request to the General Manager of the Ontario Health Insurance Plan ("OHIP") that his billing number be deactivated for services rendered after the date on which he would cease to practise. He further undertook to abide by the College’s Policy on Practice Management Considerations for Physicians Who Cease to Practice, Take an Extended Leave of Absence or Close Their Practice Due to Relocation.
Dr. Kaminski consented to certain terms of the June 2015 Undertaking being deemed to be specified terms, conditions and limitations imposed upon his certificate of registration. Specifically the following became a term, condition and limitation upon his certificate: “Dr Michael Kaminski has voluntarily ceased to practice medicine in all jurisdictions effective May 30, 2015.”
Investigation
In May of 2016, a Senior Investigative Analyst in Risk Management with Manulife Financial emailed the College expressing concern that Dr. Kaminski was practising medicine, contrary to the restriction on his certificate. The Analyst identified that Dr. Kaminski was practising at a clinic called "Skin Med Clinic". Enclosed with her email was a copy of a prescription signed by Dr. Kaminski dated March 31, 2016, for compression stockings, thigh high and knee high with instructions to wear for daily activities for varicose veins.
A further complaint about Dr. Kaminski, from a pharmacist, was received in May of 2016. The pharmacist complained that Dr. Kaminski was writing prescriptions even though he is restricted from practicing medicine.
In July of 2016, Dr. Kaminski spoke with a College investigator. Dr. Kaminski indicated that he was not aware that he could not practice and apologized.
In response to a summons, Manulife Financial provided claim documents related to Dr. Kaminski including a summary document together with prescriptions and consultation notes for 19 patients written by Dr. Kaminski during the time he was restricted from practising. The prescriptions range from May 30, 2015 to April 7, 2016.
Failure to Renew
Dr. Kaminski’s certificate of registration expired in August of 2016 as a result of a failure to renew.
DISPOSITION
The Discipline Committee ordered and directed on the matter of penalty and costs that:
- The Registrar revoke Dr. Kaminski’s certificate of registration effective immediately.
- Dr. Kaminski, within six (6) months, to pay a fine to the Minister of Finance in the amount of $5,500.00, and Dr. Kaminski to provide proof of this payment to the Registrar of the College.
- Dr. Kaminski appear before the panel to be reprimanded.
- Dr. Kaminski pay costs to the College in the amount of $5,500 within 30 days of the date of this Order.
Committee: Discipline
Decision Date: 31 Aug 1993
Summary:
In August 1993, the Discipline Committee found Dr. Kaminski guilty of professional misconduct, as defined in s. 27(32) of Ontario Regulation 448/80, as amended, in that he engaged in conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Consequently, the Committee ordered that Dr. Kaminski be reprimanded, with the fact of the reprimand to be recorded on the Register, and that he be fined $5000.00.
Appeal: No Appeal
Hearing Date(s): 08 Dec 1992