Committee: Discipline
Decision Date: 28 Oct 1991
Summary:
In a decision released in October 1991, the Discipline Committee found Dr. Tyber 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. Consequently, the Committee imposed the following penalty:
1. Dr. Tyber was to be reprimanded, with the fact of the reprimand to be recorded on the Register.
2. Imposition of further penalty was to be postponed, on the terms that by 1 March 1992:
(a) Dr. Tyber was to attend the McMaster PREP and to cooperate in every respect with the assessment provided by that Program.
(b) Dr. Tyber was to consent to the release by the College to the PREP of any
information considered appropriate by the Director of Education of the College
prior to the assessment taking place.
(c) Dr. Tyber was to consent to the release by the PREP to the College of any
information with respect to the assessment and the results of the assessment as might be considered necessary by the Director of the Education Department of the College.
(d) Dr. Tyber was to complete, successfully and to the satisfaction of the Registrar, any period of supervision and any program of upgrading which might be recommended by the PREP, and was to submit himself to such further reassessment or reassessments as might, from time to time, be recommended by the PREP, and was to complete any training, upgrading or period of supervision recommended by the PREP from time to time on the occasion of any reassessment or reassessments which might be recommended.
(e) Dr. Tyber was promptly to pay to the College the cost of his assessment at the
McMaster PREP, as and when invoiced, in an amount to be prescribed by the Registrar of the College, not to exceed $5000.00.
3. By 1 March 1992, the College was to advise the Chairman of the Discipline Committee whether the terms had been complied with. If the terms had been complied with, no further penalty was to be imposed. If they had not, the matter was to be brought before the Committee for consideration of further penalty.
On 15 April 1992, the Discipline Committee heard Dr. Tyber s application for variation of penalty. In its Decision and Reasons for Decision dated 17 June 1992, the Committee accepted Dr. Tyber s application, ordering that he be assessed by a university department of rheumatology which would be made aware of the concerns as expressed
in the Decision and Reasons for Decision. This assessment was to be substituted for the PREP assessment which the Committee had ordered as part of its original decision. In November 1997, the Discipline Committee heard a motion to revise the previous orders of the Committee.
On reading the Memorandum of Agreement between Dr. Tyber and the College dated March 11, 1996, and upon reading the submissions of counsel on final disposition, the Discipline Committee orders the following terms and conditions be imposed on the certificate of registration of Dr. Tyber:
Dr. Tyber may not perform intra-articular injections, nerve blocks or tendon sheath
injections, but may aspirate a joint when medically indicated, for the removal of fluid for the purpose of a culture and sensitivity study.
The Committee further orders that this order entirely disposes of all current proceedings against Dr. Tyber before the Committee and satisfies all undertakings arising from those proceedings.
Appeal: No Appeal
Hearing Date(s): 04 Feb 1991