Indexed as: Ontario (College of Optometrists of Ontario) v. Sheikh,
2018 ONCO 5
THE DISCIPLINE COMMITTEE OF THE COLLEGE
OF OPTOMETRISTS OF ONTARIO
Panel: Dr. Dennis Ruskin, Chair
Dr. Dino Mastronardi
Dr. Linda Chan
Mr. Brian Rivait
Mr. Bashar Kassir
B E T W E E N:
The College of Optometrists ) Ms. Bonni Ellis
of Ontario ) Counsel for the College
) of Optometrists of Ontario
- and - )
Dr. Farrukh A. Sheikh ) Ms. Rebecca Young
) Counsel for Dr. Farrukh A. Sheikh
) Ms. Julie Maciura
) Independent Legal Counsel
) Heard on October 3, 2018
DECISION AND REASONS
This matter came before a Panel of the Discipline Committee of the College of Optometrists of Ontario (the “College”) on October 3, 2018, at the College of Optometrists of Ontario, 65 St. Clair Ave E, Suite 900, Toronto, Ontario.
The purpose of the hearing was to consider allegations of professional misconduct referred by the Inquiries, Complaints and Reports Committee against Dr. Farrukh A. Sheikh (the “Member”).
The five members of the Discipline Panel referred to above were in attendance, as well as Dr. Farrukh A. Sheikh and his counsel, Ms. Rebecca Young; Ms. Bonni Ellis, counsel for the College, accompanied by Dr. Paula Garshowitz, Registrar; and Ms. Julie Maciura, independent legal counsel to the Discipline Panel.
The hearing was called to order at 10:05 a.m. on October 3, 2018. The Chair introduced the Panel and the other people present in the room.
Publication Ban
On the consent of Dr. Sheikh, College counsel requested, and the Panel granted, a ban on the publication, broadcasting or disclosure of the names of any patients and/or any information that would disclose the identity of any patients, referred to during the hearing or in documents filed at the hearing.
The Panel’s reasons for granting the motion are that personal health information or other matters may be disclosed at the hearing, which are of such a nature that the harm created by disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public.
Allegations and Evidence
College counsel took the Panel through the Notice of Hearing, which was filed as Exhibit 1.
The Notice of Hearing made the following allegations against Dr. Sheikh:
- You have committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, and defined in paragraph 1.14 of Ontario Regulation 119/94 in that, on or about August 23, 2016, while practising as an optometrist at the Sanger Eye Clinic in Hamilton, Ontario, you failed to maintain the standards of practice of the profession with respect to:
a. your delegation of a controlled act(s) to S.S. in relation to patient ____., including, but not restricted to, your failure to:
i. obtain informed consent or to ensure that informed consent was obtained from ____. for the delegation;
ii. establish a formal relationship with ____. prior to the delegation;
iii. adequately supervise S.S.; and/or
iv. ensure that the delegation was appropriately and/or adequately documented in the patient record.
b. your assignment of various aspects of patient’s ____.’s eye examination to S.S. including, but not restricted to, your failure to:
i. obtain informed consent or ensure that informed consent was obtained, from ____. for the assignment;
ii. establish a formal relationship with ____. prior to the assignment;
iii. adequately supervise S.S.; and/or
iv. ensure that the assignment was appropriately and/or adequately documented in the patient record.
- You have committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, and defined in paragraph 1.18 of Ontario Regulation 119/94 in that, on or about August 23, 2016, while practising as an optometrist at the Sanger Eye Clinic in Hamilton, Ontario, you permitted, counselled, or assisted S.S., a person who is not a member of the College of Optometrists of Ontario (“the College”), to perform one or more of the following controlled acts, which should be performed by a member of the College, in relation to patient ____:
a. communicating a diagnosis identifying, as the cause of a person’s symptoms, a disorder of refraction, a sensory or oculomotor disorder of the eye or vision system or a prescribed disease; and/or
b. prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses.
- You have committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the [Optometry Act,](https://www.canlii.org/en/on/laws/stat/so-1991-c-35/latest/so-