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Lee, Martin M S

CPSO#: 61978

MEMBER STATUS
Active Member as of 19 Jul 2019
CPSO REGISTRATION CLASS
Restricted as of 19 Jul 2019

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English, Mandarin

Education:University Of Toronto, 1989

Practice Information

Primary Location of Practice
Practice Address Not Available

Professional Corporation Information


Corporation Name: Dr. Martin M. S. Lee Medicine Professional Corporation
Certificate of Authorization Status: Inactive: Jan 17 2018

Specialties

Specialty Issued On Type
Internal Medicine Effective:30 Jun 1993 RCPSC Specialist
Rheumatology Effective:20 Nov 1994 RCPSC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.



Queen's University, 01 Jul 1990 to 30 Jun 1991
Resident 2 - Internal Medicine

Queen's University, 01 Jul 1991 to 30 Jun 1992
Resident 3 - Rheumatology

University of Ottawa, 01 Jul 1992 to 30 Jun 1993
Resident 4 - Rheumatology

University of Ottawa, 01 Jul 1993 to 30 Jun 1994
Resident 5 - Rheumatology

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1990
Transfer of class of registration to: Independent Practice Certificate Effective: 04 Jul 1990
Transfer of class of certificate to: Restricted certificate Effective: 04 Feb 2015
Terms and conditions imposed on certificate by member Effective: 04 Feb 2015
Terms and conditions amended by Inquiries, Complaints and Repo Effective: 16 Oct 2015
Revoked: Discipline Committee. Effective: 02 Nov 2017
Subsequent certificate of registration issued: Restricted certificate Effective: 19 Jul 2019
Terms and conditions amended by Discipline Committee Effective: 17 Mar 2020

Practice Restrictions

Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 17 Mar 2020 Active
             (1 of 2)
            As from March 17, 2020, by order of the Discipline Committee of the College of
            Physicians and Surgeons of Ontario, the following terms, conditions and
            limitations are imposed on the certificate of registration held by Dr. Martin M
            S Lee: 

            Practice Monitor and Patient Log

            a.    Dr. Lee shall not engage in any professional encounters, in person or
                  otherwise ("Professional Encounter(s)") with patients of any age in any
                  jurisdiction, unless the Professional Encounter takes place in the
                  continuous presence of and under the continuous observation of a monitor
                  who is a regulated health professional acceptable to the College (the
                  "Practice Monitor(s)").  Among other things, Dr. Lee may not be alone
                  with any patient for any length of time during any Professional
                  Encounter. 

            b.    At all times, Dr. Lee shall ensure that a Practice Monitor shall:

                  i.    Remain present throughout all Professional Encounters with all
                        patients, even if another person is accompanying the patient;
                  
                  ii.   Carefully observe all of Dr. Lee's Professional Encounters with
                        patients, including, but not limited to, any physical examinations,
                        with a continuously unobstructed view of any such examination;    
                  
                  iii.  Refrain from performing other functions, except those required by
                        the Practice Monitor's undertaking attached as Appendix "A" (the
                        "Practice Monitor's Undertaking"), while observing Dr. Lee in all
                        his Professional Encounters with patients;
                  
                  iv.   Keep a log of all Professional Encounters with patients in the form
                        attached as Appendix "B" (the "Log");
                  
                  v.    Initial the corresponding entry in the record of each patient noted
                        in the Log to confirm that the Practice Monitor was in Dr. Lee's
                        presence at all times during the Professional Encounter;
                  
                  vi.   Submit the original Log to the College on a monthly basis; and
                  
                  vii.  Provide reports (as described in the Practice Monitor's
                        Undertaking) to the College on at least a monthly basis. 
                  
            c.    Dr. Lee shall maintain a copy of the Log, and make it available to the
                  College on request.

            Notification of Practice Locations

            d.    Dr. Lee shall inform the College of each and every location where he
                  practises or has privileges in any jurisdiction, including, but not
                  limited to, hospital(s), clinic(s) and office(s) ("Practice
                  Location(s)"), within five (5) days of this Order.  Going forward, he
                  shall inform the College of any new Practice Location within five (5)
                  days of commencing practice there, and shall inform the College if he
                  ceases to practise at any Practice Location within five (5) days of
                  ceasing practice there.

            Posting a Sign and Translations

            e.    Dr. Lee shall post a sign in a clearly visible and secure location in
                  each waiting room, examination room, and consulting room, in all of his
                  Practice Locations, in the form attached as Appendix "C" that states:
                  "Dr. Martin Lee must be in the continuous presence of and under the
                  continuous observation of a practice monitor acceptable to the College of
                  Physicians and Surgeons of Ontario in any professional encounter with a
                  patient, in-person or otherwise. Dr. Lee must not be alone with any
                  patient during any professional encounter. Further information may be
                  found on the College website at www.cpso.on.ca ." 

            f.    Dr. Lee shall post a certified translation, in any language(s) in which
                  he provide(s) services, of the sign described in (e) above, in a clearly
                  visible and secure location in each waiting room, examination room, and
                  consulting room, in all of his Practice Locations, in the form attached
                  as Appendix "C".

            g.    Dr. Lee shall provide any certified translation(s) required by (f) above
                  to the College within thirty (30) days of the date of this Order.

            Notifying Patients

            h.    Dr. Lee shall ensure that each patient with whom he has a Professional
                  Encounter is directly notified before the Professional Encounter of the
                  restriction described in (1a), above, in the presence of his Practice
                  Monitor. 

            Monitoring of Compliance

                  i.    Dr. Lee shall consent to the College making appropriate enquiries
                        of the Ontario Health Insurance Plan (in the form attached hereto
                        as Appendix "D") and/or any person who or institution that may have
                        relevant information in order for the College to monitor Dr. Lee's
                        compliance with the terms of this Order, and Dr. Lee shall promptly
                        sign any consents requested by the College to obtain such
                        information from these persons or institutions.
                  
            j.    Dr. Lee shall submit to, and not interfere with, unannounced inspections
                  of his Practice Locations and patient charts by the College and to any
                  other activity the College deems necessary, in order to monitor Dr. Lee's
                  compliance with the terms of this Order.

            k.    Dr. Lee shall consent to the College providing any information to the
                  Practice Monitor that the College deems necessary or desirable in order
                  to assist the Practice Monitor in fulfilling their Undertaking and in
                  order to monitor Dr. Lee's compliance with the terms of this Order.

            l.    Dr. Lee shall consent to any Practice Monitor disclosing to the College,
                  and to any other Practice Monitor, any information relevant to this
                  Order, relevant to the terms of the Practice Monitor's Undertaking and/or
                  relevant for the purposes of monitoring Dr. Lee's compliance with this
                  Order. 

            m.    Dr. Lee shall consent to the College providing the Order to any Chief(s)
                  of Staff, or a colleague with similar responsibilities, at any Practice
                  Location where he practises or has privileges ("Chief(s) of Staff"), and
                  to providing said Chief(s) of Staff with any information the College has
                  that led to this Order and/or any information arising from the monitoring
                  of his compliance with this Order. 

            Professional Education

            n.    Dr. Lee shall participate in the PROBE Ethics & Boundaries Program
                  offered by the Centre for Personalized Education for Professionals, by
                  receiving a passing evaluation or grade, without any condition or
                  qualification.  Dr. Lee shall complete the PROBE program within eight (8)
                  months of the date of this Order, and shall provide proof to the College
                  of his completion, including proof of registration and attendance and
                  participant assessment reports, within one (1) month of completion.

            Cost of Implementation

            o.    Dr. Lee shall be responsible for any and all costs associated with
                  implementing the terms of this Order.


            (2 of 2)
            As from February 4, 2015, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Martin M.S. Lee, in
            accordance with an undertaking and consent given by Dr. Lee to the College of
            Physicians and Surgeons of Ontario:

                  Dr. Lee has voluntarily relinquished his prescribing privileges with
                  respect to the following drugs, substances and preparations set out in
                  the corresponding regulations, as amended from time to time, and
                  summarized as follows:
                  
            Narcotic Drugs
            (from the Narcotic Control Regulations
             made under the Controlled Drugs
             and Substances Act, S.C., 1996, c. 19)    Relinquished

            Narcotic Preparations
            (from the Narcotic Control Regulations
             made under the Controlled Drugs
             and Substances Act, S.C., 1996, c. 19)    Relinquished

            Controlled Drugs
            (from Schedule G of the Regulations
             under the Food and Drugs
             Act, S.C., 1985, c. F-27)                  Relinquished

            Benzodiazepines/Other Targeted Substances
            (from the Benzodiazepines and Other 
            Targeted Substances Regulations made 
            under the Controlled Drugs and 
            Substances Act., S.C., 1996, c. 19)        Relinquished

            All Other Monitored Drugs                                    
            (as defined under the Narcotic 
            Safety and Awareness Act, S.O. 
            2010, c. 22)                               Relinquished

            Dr. Lee has voluntarily ceased to practise interventional pain medicine, or to
            administer either trigger point injections or nerve blocks. 

            Dr. Lee shall post a clearly visible sign in the waiting rooms of all his
            Practice Locations, which states as follows: "Dr. Lee has voluntarily
            relinquished his prescribing privileges with respect to Narcotic Drugs,
            Narcotic Preparations Controlled Drugs, Benzodiazepines and Other Targeted
            Substances, and all other Monitored Drugs."  The sign shall be translated into
            any language(s) in which Dr. Lee provides services, and the clearly visible
            sign(s) shall be posted in the waiting rooms of all his Practice Locations."

Previous Hearings

Committee: Discipline
Decision Date: 18 Jan 2017
Summary:

On January 17, 2017, the Discipline Committee found that Dr. Martin M.S. Lee committed an act of 
professional misconduct in that: he engaged in the sexual abuse of a patient and he engaged in conduct 
relevant to the practice of medicine that, having regard to all the circumstances, would reasonably 
regarded by members as disgraceful dishonorable and unprofessional. 
 
Dr. Lee is a rheumatologist. During the relevant time period, Dr. Lee practised in both Pickering and 
Mississauga. Dr. Lee saw these patients for the treatment of pain and fibromyalgia between January 
2008 and June 2012.  
 
Regarding Patient A, Dr. Lee engaged in sexual abuse by asking her inappropriate and personal questions 
about her sex life and by showing and discussing a pornographic magazine with her. These were remarks 
and gestures of a sexual nature. He engaged in conduct relevant to the practice of medicine that, having 
regard to all the circumstances, would reasonably be regarded by members as disgraceful dishonorable 
and unprofessional by (i) making remarks and gestures of a sexual nature as described above; (ii) asking 
her to pay cash for prescriptions; (iii) asking her to fill a prescription for Flamazine for him; and (iv) 
asking her to video or photograph other patients.  
 
Regarding Patient C, Dr. Lee engaged in sexual abuse in that on one occasion, he inappropriately rubbed 
his groin against her right hip area while administering a trigger point injection. This was contact of a 
sexual nature. Dr. Lee also sexually abused Patient C by using sexually explicit and crude language when 
asking her personal questions about her sex life. These were remarks of a sexual nature.  
 
Further, Dr. Lee’s line of questioning with respect to Patient C’s personal sex life, and his choice of words 
when asking these questions would reasonably be regarded by members of the profession as 
disgraceful, dishonorable or unprofessional. 
 
Disposition  
 
On November 2, 2017 the Discipline Committee made an order on the matter of penalty and costs.  
 
Appeal 
 
On December 1, 2017, Dr. Lee appealed the decisions on finding and penalty of the Discipline 
Committee to the Superior Court of Justice of Ontario (Divisional Court). In the circumstances, the 
decision of the Discipline Committee remained in effect, despite the appeal. 
 
On July 19, 2019, the Divisional Court dismissed the appeal of the Committee’s January 28, 2017 
decision on finding and granted the appeal of the November 2, 2017 decision on penalty. The Divisional 
Court directed that Dr. Lee is required to post security for reimbursement for funding under the 
program under section 85.7 of the Code with respect to Patient A only. The Divisional Court also 
directed that the panel of the Discipline Committee that originally heard the case hear and decide the 
remaining issues of penalty. 
 
On August 12, 2019, the College filed a notice of motion seeking leave to appeal to the Court of Appeal 
the decision of the Divisional Court. On November 1, 2019, the Court of Appeal dismissed the College’s 
motion for leave to appeal. 
 
Penalty Decision following Appellate Return 
On March 17, 2020, pursuant to the decision of the Divisional Court, the Committee held a penalty 
hearing. In summary, the Discipline Committee ordered and directed on the matter of penalty and costs 
that: 
 
   -  The Registrar place terms, conditions and limitations on Dr. Lee’s certificate of registration, 
      effective immediately, related to: 
 
          Practice Monitor and Patient Log 
          Notification of Practice Locations 
          Posting a Sign and Translations 
          Notifying Patients 
          Monitoring of Compliance 
          Professional Education 
          Cost of Implementation 
 
   -  Dr. Lee is to attend before the panel to be reprimanded. 
 
   -  Dr. Lee is to reimburse the College for funding under the program required under section 85.7 of 
      the Code, by posting an irrevocable letter of credit or other security acceptable to the College, 
      within seventy-five (75) days of the date of this Order in the amount of $16,060.00. 
 
   -  Dr. Lee is to pay costs to the College in the amount of $20,500.00, within seventy-five (75) days 
      of the date of this Order.  
 
The full terms of the Committee’s order are included in the Committee’s decision, which is available for 
review on the College’s website.


Decision: Download Full Decision (PDF)
Hearing Date(s): Hearing Dates:July 18, 19, 21, 22, 2016 Penalty Hearing Date: May 2, 2017