The College received a complaint from Mrs. X. alleging that Dr. A. lost her patient record.
At the time of Mrs. X.'s eye examination, Dr. A. practised at a clinic owned by an optician. The business was subsequently sold. Recently, Mrs. X. called the clinic to book an appointment for an eye examination. The new optometrist had no record of Mrs. X ever being a patient of the clinic.
Mrs. X contacted Dr. A. at his new practice to find out where her patient record might be. Dr. A. advised her that patient records belonged to the optician who was the previous owner of the clinic, and that she should contact the optician directly.
Mrs. X.'s concern that Dr. A. had no control of his patient records prompted her to file a complaint against him with the College.
In his response to the complaint, Dr. A. stated that he had started practising at the clinic without buying the existing patient records. Dr. A. was under the impression that because the patient records had already existed they belonged to the clinic – he did not own them.
As part of its investigation into the complaint, the Panel requested that Dr. A. provide the written agreement between him and the owner of the clinic, as well as copies of independent contractor agreements for the locations where he currently practised. Dr. A. confirmed that there were no formal written agreements in place, and that he relied on a “handshake” and a verbal agreement with the owners of the clinics.
Decision The Panel concluded that Dr. A. was unaware that an optometrist who practises in association with a person or entity other than an optometrist or physician must practise as an independent contractor. An optometrist who does this has full control of all aspects of his/her practice, including maintenance of patient records, at all times. The Panel was of the view that Dr. A. would benefit from remediation to bring his practice in compliance with the Ontario Regulation 119/94 Part I, Professional Misconduct and Part II, Conflict of Interest.
Dr. A. accepted and signed an Undertaking with the College to complete the following program, at his cost:
Review the relevant jurisprudence, including policies related to professional misconduct and conflict of interest
Successfully challenge the Ontario Optometric Jurisprudence Examination
Submit an essay to demonstrate his knowledge and understanding of the principles and reasons for each of the requirements of the independent contractor provisions of the Regulation
Provide the College with evidence of compliance with the conflict-of-interest regulation, including copies of independent contractor agreements for all of his practice locations where he practises in association with an entity other than another optometrist or a physician, and other evidence to demonstrate that he is working in accordance with these agreements
Undergo a practice inspection to ensure his continued compliance with the Regulation
Dr. A's successful completion of the program will reassure the College that Dr. A. understands that a failure to practise independently can put a member in a conflict of interest. On a broader level, the public has been adequately protected from a practitioner who may otherwise be unduly influenced by a person or corporation. A member found not to have fulfilled an Undertaking may face disciplinary action.