On May 11, 2020, on the basis of an Agreed Statement of Facts on Liability and Admission, the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”)found that Dr. Kunwar Raj Singh (“Dr. Singh”) committed an act of professional misconduct, in that in that he engaged in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
BACKGROUND
The facts set out in the Agreed Statement of Facts on Liability and Admission included the following:
Dr. Singh is a 78 year-old physician who received his certificate of registration authorizing independent practice from the College on December 29, 1971. He obtained a RCPSC certification in paediatrics in November 1973. Dr. Singh resigned his membership with the College effective January 1, 2020. At all relevant times, Dr. Singh practised paediatrics at a medical clinic at 483 East Street North in Sarnia, Ontario.
January 14, 2013 undertaking to the College
On January 14, 2013, Dr. Singh entered into an undertaking with the College. This undertaking superseded and replaced a prior undertaking that Dr. Singh had entered on August 20, 2009. Among other specified terms, the January 14, 2013, undertaking prohibited Dr. Singh from having in-person professional encounters with female patients, or female parents or caregivers of patients, except in the presence of a female chaperone approved by the College (the “Practice Monitor”). Dr. Singh was required to ensure that the Practice Monitor initialed each patient chart for which she was present.
The undertaking also required Dr. Singh to place signs in clearly visible locations in all waiting rooms and examination rooms which stated: “Dr. Singh will only see female patients and female parents/caregivers of patients in the presence of another registered health professional.” Patient DD was a female patient of Dr. Singh between approximately March 2018 and October 2018. Patient DD saw Dr. Singh on seven separate occasions for medical appointments at his clinic at 483 East Street North in Sarnia. Patient DD’s Mother and Father brought Patient DD to all her appointments with Dr. Singh and both parents were present in the examination room during each appointment. During a number of these appointments, Dr. Singh’s Practice Monitor was not present in the examination room for the entirety of Patient DD’s appointments. Patient DD’s parents did not have any concerns in respect of Dr. Singh’s care and treatment of Patient DD.
On December 6, 2018, a Compliance Monitor of the College attended at Dr. Singh’s office to conduct a compliance visit. During the visit, Dr. Singh stated that two or three times a year, he conducted examinations of patients with hemangiomas in Room 4. Dr. Singh stated that the required signage was never posted in Room 4 because he rarely used the room for examinations of patients, including Patient DD.
On May 3, 2019, the Compliance Monitor conducted a further compliance visit at Dr. Singh’s office. The Compliance Monitor observed that the required sign was now posted in Room 4, unlike at the previous visit.
On March 20, 2018, Compliance Monitors of the College attended Dr. Singh’s office to conduct a compliance visit. During the compliance visit, the Compliance Monitors found that on two different dates for two different patients, the Practice Monitor had not signed the patients’ charts. The log sheets for both patients’ appointments were initialed by the Practice Monitor and were faxed to the College prior to the Compliance Monitor’s visit.
The Committee also received an Agreed Statement of Facts Regarding Penalty which included the following facts:
Undertaking to resign and never apply or reapply
On December 20, 2019, Dr. Singh entered into an undertaking to the College whereby he agreed to resign from the College, effective January 1, 2020, and never apply or re-apply for registration as a physician in Ontario or any other jurisdiction. This undertaking arose after the College conducted investigations into whether Dr. Singh sexually abused patients in approximately the 1970’s and 1980’s in his paediatric practice.
Discipline Committee History
In November 1991, the Discipline Committee found that Dr. Singh engaged in professional misconduct in that he was guilty of an offence relevant to his suitability to practice, failed to maintain the standard of practice of the profession, and engaged in disgraceful, dishonourable or unprofessional conduct. The Discipline Committee ordered a suspension of Dr. Singh’s licence to practise medicine for two years, the first six months commenced on a date fixed by the Registrar after the Order became final, and the remaining 18 months of the suspension were suspended subject to specified terms in the Order. The Committee also ordered a reprimand and that the reprimand be recorded on the Register.
In August 1994, the Discipline Committee found that Dr. Singh engaged in professional misconduct in that he engaged in disgraceful, dishonourable or unprofessional conduct.
The Discipline Committee ordered a six-month suspension of Dr. Singh’s certificate of registration, the final three months of the suspension to be suspended if Dr. Singh completed a course in medical ethics. The Committee also ordered a reprimand and that the reprimand be recorded on the Register.
Additional facts
On November 1, 2019, Dr. Singh’s Practice Monitor was interviewed by College representatives. She stated that although she was not always present in the examination room during Patient DD’s appointments, she was either standing in the hallway immediately outside the examination room or had left the room briefly, at Dr. Singh’s request, to retrieve documents requested by him.
DISPOSITION
The Discipline Committee ordered:
- Dr. Singh to attend before the panel to be reprimanded
- Dr. Singh to pay costs to the College in the amount of $6,000.00 within 30 days of the date of the Order.
DECISION AND REASONS
On July 6, 2020, the Committee released its full decision and reasons in this matter. The Decision and Reasons are available for review on the College’s website.