Ontario (College of Chiropodists of Ontario) v. Chan, 2022 ONCOCOO 8

DISCIPLINE COMMITTEE OF THE COLLEGE OF CHIROPODISTS OF ONTARIO

Indexed as: Ontario (College of Chiropodists of Ontario) v. Chan, 2022 ONCOCOO 8

THE DISCIPLINE COMMITTEE OF THE COLLEGE OF CHIROPODISTS OF ONTARIO

IN THE MATTER OF a Hearing directed by the Inquiries, Complaints and Reports Committee of the College of Chiropodists of Ontario pursuant to Section 26(1) of the Health Professions Procedural Code being Schedule 2 of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended.

BETWEEN:

COLLEGE OF CHIROPODISTS OF ONTARIO

• and - EDDIE K. CHAN, D.Ch.

PANEL MEMBERS: ¹ Peter Stavropoulos, Chair, Professional Member Ramesh Bhandari, Public Member Irv Luftig, Professional Member

COUNSEL FOR THE COLLEGE: Debra McKenna

REPRESENTATIVE FOR THE MEMBER: Matthew Wilton

INDEPENDENT LEGAL COUNSEL: Luisa Ritacca

Hearing Dates: December 21, 2022

Decision Date: Original Decision September 19, 2022

Release of Written Reasons: December 23, 2022

DECISION AND REASONS ON PENALTY AND COSTS

(Original decision issued on September 19, 2022)

1This matter came on for the continuation of a hearing before this panel of the Discipline Committee on December 21, 2022, by way of videoconference hosted by Victory Verbatim in Toronto.

2On September 19, 2022, the Panel released its decision finding that the Member, Eddie Chan, engaged in professional misconduct as alleged in the Notice of Hearing, dated May 19, 2020. Attached hereto is a copy of the Panel’s September 19th decision.

3The parties returned before the Panel to provide submissions regarding penalty and costs. At the outset of the hearing, the Panel was advised that the parties had reached an agreement on the issue of penalty and costs. As such, this stage of the hearing proceeded on an uncontested basis.

Joint Submission on Penalty and Costs

4The Joint Submission on Penalty and Costs provides as follows:

THE PARTIES agree and jointly submit that the Discipline Committee make the following orders with respect to this matter:

1. An oral reprimand;

2. An order suspending the Member’s certification of registration for a period of nine (9) months,² two (2) months of which will be remitted upon the Member completing the Probe ethics course and the University of Toronto record-keeping course as outlined in paragraph 3(a) below;

3. An order directing the Registrar to impose terms, conditions, and limitations on the Member’s certificate of registration requiring the following:

(a) Prior to returning to practice, the Member shall successfully complete the Probe ethics course and the University of Toronto record-keeping course at his own expense and provide documentary evidence to the College of his successful completion of those courses to the satisfaction of the Registrar.

(b) Upon returning to practice after his suspension, the Member is prohibited from imaging, casting, prescribing, constructing, fitting, dispensing and/or ordering the fabrication of orthotics for a period of six (6) months (“Orthotics Restricted Period”). For the purpose of clarity, the Member is not entitled to assign his patients to anyone else practising in his clinics during the Orthotics Restricted Period, regardless of whether or not he receives a fee, but shall refer such patients seeking orthotic assessment and treatment to another member of the College in good standing at a clinic unaffiliated with the Member’s clinics.

(c) Upon returning to practice after his suspension, the Member is prohibited from prescribing, fabricating, fitting, dispensing and/or ordering prescription footwear modifications for a period of twelve (12) months (“Modifications Restricted Period”). For the purpose of clarity, the Member is not entitled to assign his patients to anyone else practising in his clinics during the Modifications Restricted Period, regardless of whether or not he receives a fee, but shall refer such patients seeking prescription footwear modifications to another member of the College in good standing at a clinic unaffiliated with the Member’s clinics.

(d) At his own expense, the Member will receive supervision of his chiropody practice with a supervisor selected by the Registrar for a period of one (1) year from the date on which the Member returns to practise from the suspension. The terms of the supervision are as follows:

• The supervisor shall visit with the Member in person on at least four (4) occasions – twice in the first six months and twice in the last six months;

• Two of the visits with the supervisor will be unannounced;

• The supervisor shall determine the length of each visit;

• In conducting the supervision, the supervisor shall discuss ethics, practice management, record-keeping and compliance with the College’s standards with the Member;

• The supervisor shall prepare a report to the Registrar after the second (2) visit and after the fourth (4) visit;

• The Member shall provide the supervisor with the Discipline Committee’s decision and then provide written confirmation to the Registrar, signed by the supervisor, that the supervisor has received and reviewed the final decision;

(e) In the event that the Member obtains employment to provide chiropody services during the twelve (12) months following the date that the Member returns to practise after his suspension, the Member shall:

• notify any current or new employers of the Discipline Committee’s Decisions;

• ensure the Registrar is notified of the name, address, and telephone number of all employer(s) within fifteen (15) days of commencing employment;

• provide his employer(s) with a copy of:

o the Discipline Committee’s Misconduct Decision;

o the Discipline Committee’s Penalty Decision;

o the Notice of Hearing; and

o have his employer forward a report to the Registrar within fifteen (15) days of commencing employment confirming that the employer has received the documents noted above and agrees to notify the Registrar immediately upon receipt of any information that the Member is not complying with the College’s standards;

4. An order directing the Member to pay costs to the College in the amount of $85,000.00, which amount will be paid by the Member on the following schedule:

• $25,000.00 – December 21, 2022;

• $10,000.00 – June 1, 2023;

• $10,000.00 – December 1, 2023;

• $10,000.00 – June 1, 2024;

• $10,000.00 – December 1, 2024;

• $10,000.00 – June 1, 2025; and

• $10,000.00 – December 1, 2025.

5. An order that the Discipline Committee’s Penalty Decision will be published, in detail with the Member’s name, in the College’s official publications, on the College’s website, on the College’s public register, and on.

6. The College and the Member agree that if the Discipline Committee accepts this Joint Submission on Penalty and Costs, there will be no appeal or judicial review of the decision to any forum.

Decision and Reasons

5The Panel reviewed the Joint Submission and received submissions from counsel. The Panel accepted the Joint Submission and made an order consistent with its terms before the conclusion of the hearing.

6The Panel is satisfied that the terms contained in the Joint Submission are reasonable, proportionate, and will maintain public confidence in the College and Discipline Committee process.

7In coming to its decision, the panel weighed a number of factors. Firstly, this was the first time that the Member has been referred to Discipline in his 15-years of practice. Secondly, the panel was informed by the Member’s counsel that upon receiving our decision on misconduct, he was directed by the Member to work toward a joint proposal on penalty. This signalled to the panel that the ember was eager to put this unfortunate chapter behind him and look forward now to his rehabilitation. Third, the panel concluded that the penalty and costs, jointly agreed to, were fair and proportionate when considering the misconduct that had occurred. Lastly, the panel was satisfied that the joint agreement as to penalty and costs adequately addressed the goals of specific and general deterrence and rehabilitation.

8At the conclusion of the hearing, the Member confirmed that he waived his appeal rights and was prepared to receive his reprimand. The Panel delivered its reprimand, a copy of which is attached as Appendix A.

Appendix A

Reprimand

As you know, Mr. Chan, as part of its penalty, this Discipline panel has ordered you be given an oral reprimand.

The fact that you have received this reprimand will be part of the public portion of the Register and, as such, part of your record with the College.

Although you will be given an opportunity to make a statement at the end of the reprimand, this is not an opportunity for you to review the decision made by the Discipline panel, nor a time for you to debate the merits of our decision.

The panel has found that you have engaged in professional misconduct in the following ways:

1. You failed to meet and/or contravened the standards of practice of the profession, including the standards regarding Patient Relations, Assessment and Management, Records, Prescription Footwear and Prescription Custom Foot Orthoses;

2. You practiced the profession while in a conflict of interest

3. You failed to keep records as required by the regulations

4. You signed or issued documents you knew or ought to have known contained false or misleading statements

5. You charged excessive fees for products and/or services

The fact that you engaged in professional misconduct is a matter of profound concern. Virtually every aspect of your practice was found to be problematic. You appeared to put profit ahead of patient care.

You have brought discredit to the entire chiropody profession and to yourself. Patients who come to see the members of this profession, often rely on insurance. Your actions put in jeopardy the good relationship the membership has with insurance companies. Further, public confidence in this profession has been put at risk. The result of your misconduct is that you have let down the public, the chiropody profession, and yourself.

Your conduct is totally unacceptable to your fellow chiropodists and to the public. Of special concern to us is the fact that the professional misconduct in which you engaged has involved misleading and deceptive billing practices, improper foot assessments and practices which put your business interest ahead of the well-being of your patients.

We also want to make it clear to you that while the penalty that this panel has imposed upon you is a fair penalty, a more significant penalty will likely be imposed by another Discipline panel in the event that you are ever found to have engaged in professional misconduct again.

As you heard earlier, you will now be given an opportunity to respond if you wish. Remember this is not an opportunity for you to review the decision or debate its correctness. Do you wish to make any comments?

Thank you for attending today. We are adjourned.

Footnotes

1. 1Sasha Kozera (professional member) was originally on this panel. She took part in the decision regarding liability. Ms. Kozera is no longer a member of council. She did not take part in the remainder of these proceedings.
2. 2During the period of suspension, the Member is not permitted to practise chiropody and shall comply with the College’s Guideline for Suspension: www.cocoo.on.ca/pdf/guidelines/suspension_guideline.pdf. For the sake of clarity, this includes, among other things, the Member is not permitted to use the restricted title of chiropodist, or hold himself out as being able to practise, or hold himself out as a member of the College. The Member is not permitted to invoice or earn any income from the practice of chiropody (directly or through a health profession corporation) or be present at the Member’s primary practice location or any secondary practice location or attend at a practice setting where chiropody patients are in attendance, to be involved in or participate in any of the chiropody care to be provided to chiropody patients.