On December 18, 2012, the Discipline Committee found that Dr. Garry Yehudah Shomair failed to maintain the standard of practice of the profession in regard to his recordkeeping in 18 of 26 charts and in regard to his psychiatric care and treatment of multiple patients, including in his diagnostic, psychopharmacological and monitoring practices. Dr. Shomair admitted the allegation.
Dr. Shomair began clinical supervision in November 2010 pursuant to an interim order under s.37 of the Health Professions Procedural Code. Since November 2011, Dr. Shomair's clinical supervisor indicates that Dr. Shomair's care meets the standard of practice.
The Discipline Committee ordered and directed that:
the Registrar impose the following terms, conditions and limitations on Dr. Shomair's certificate of registration for the specified periods of time set out herein:
a) Dr. Shomair shall, within thirty (30) days from the date of this Order, retain a College-approved clinical supervisor, who will sign an undertaking in the form attached hereto as Schedule "A" (the "Clinical Supervisor"). For a period of twelve (12) months commencing on the day the Clinical Supervisor is retained, Dr. Shomair may practice only under the supervision of the Clinical Supervisor, who will meet with Dr. Shomair on a bi-weekly basis for the duration of the supervision;
b) Dr. Shomair shall abide by all recommendations of his Clinical Supervisor with respect to his standard of practice in respect of, but not limited to, the treatment of patients with bipolar disorder, medication dosages, pharmacotherapy and record-keeping and documentation;
c) Dr. Shomair shall consent to the disclosure by his Clinical Supervisor to the College, and by the College to his Clinical Supervisor, of all information the parties deem necessary or desirable in order to fulfill the Clinical Supervisor's undertaking and to monitor Dr. Shomair's compliance with the Order. This shall include, without limitation, providing the Clinical Supervisor with the reports of any assessments of Dr. Shomair's practice in the College's possession;
d) Approximately six (6) months after the completion of the period of supervision required by paragraph 3(a), Dr. Shomair shall undergo a re-assessment of his clinical practice by a College-appointed assessor (the "Assessor(s)"). This re-assessment will include determining whether Dr. Shomair meets the standard of practice of the profession and whether Dr. Shomair is in compliance with this Order. The Assessor(s) shall make recommendations regarding Dr. Shomair's practice and shall report the results of the re-assessment to the College. The College shall determine, in its sole discretion, what recommendations, if any, Dr. Shomair must abide by and whether any of the recommendations will constitute terms, conditions or limitations on his certificate or registration;
e) Dr. Shomair shall consent to the disclosure to the Assessor(s) of the reports of the Clinical Supervisor arising from the supervision, and shall consent to the sharing of all information between the Clinical Supervisor, the Assessor(s) and the College, as any of the parties deem necessary or desirable in order to fulfill their respective obligations;
f) Dr. Shomair shall, at his own expense, participate in and successfully complete an educational program in medical record-keeping approved by the College, no later than one (1) year from the date of this Order.
g) Dr. Shomair shall, at his own expense, participate in and successfully complete at minimum two courses in pharmacology, approved by the College, no later than one (1) year from the date of this Order. The content of these courses shall include the topic of child and adolescent psychopharmacology.
h) Dr. Shomair shall be responsible for any and all costs associated with
implementing the terms of this Order.
Dr. Shomair attend before the panel to be reprimanded.
Dr. Shomair pay to the College costs in the amount of $3,650 within thirty (30) days of the date of this Order.
Terms and conditions imposed on certificate by: Member