On March 11, 1999, the Discipline Committee accepted Dr. Jain s plea of guilty to professional misconduct as defined in Ontario Regulation 856/93, as amended, in that he failed to maintain the standard of practice of the profession, contrary to s. 1(1)(2); in that he contravened the Medicine Act, 1991, the Regulated Health Professions Act, 1991, or the regulations under either of those Acts, contrary to s. 1(1)(27); in that he contravened a federal, provincial or territorial law, a municipal by-law or a by-law or rule of a public hospital if (i) the purpose of the law, by-law or rule is to protect public health, or (ii) the contravention is relevant to his suitability to practice, contrary to s. 1(1)(28);and in that he engaged in an act or omission relevant to the practice of medicine that, having regard to the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to s. 1(1)(33). The Committee also accepted Dr. Jain s plea of guilty to the charge of incompetence, as defined in s. 52(1) of the Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, as amended, in that his professional care of a patient displayed a lack of knowledge, skill or judgment or disregard for the welfare of the patient of a nature or to an extent that demonstrates that he is unfit to continue to practice or that his practice should be restricted.
The Committee ordered Dr. Jain s certificate of registration be revoked.
On October 16, 2008, the Discipline Committee of the College of Physicians and Surgeons of Ontario directed the Registrar to reinstate Dr. Arun Kumar Jain's certificate of registration and to impose the following terms, conditions, and limitations on Dr. Jain's certificate of registration:
(i) Dr. Jain will complete a training program acceptable to the College in the field of surgical assisting with a surgeon certified by the Royal College of Surgeons working in a hospital setting and acceptable to the College (the "Surgical Assist Supervisor").
(ii) The Surgical Assist Supervisor will execute an Undertaking to the College and will provide monthly reports to the College regarding Dr. Jain's progress in the training program.
(iii) Dr. Jain will participate in the training program until deemed competent in the field of surgical assisting by the Surgical Assist Supervisor, but in any event for a period of no less than three months.
(iv) While participating in the training program, Dr. Jain will not be the most responsible physician for any patients and will not provide any continuity of care to any patients including any pre or post-operative care.
(v) The costs of the training program will be borne by Dr. Jain.
(vi) Following completion of the training program, Dr. Jain may practice medicine as a surgical assistant only and on the following terms:
(a) Dr. Jain may practice as a surgical assist in a hospital based setting and when a College approved certified surgeon who is a member of the College of Physicians and Surgeons of Ontario is performing the surgery
and in attendance;
(b) Dr. Jain will not be the most responsible physician for any patients and shall not provide any continuity of care to any patients including any pre- or post-operative care.
(vii) Dr. Jain will cooperate with unannounced inspections of his practice by College representatives for the purpose of monitoring and enforcing compliance with the terms of this Order;
(viii) Dr. Jain is prohibited from prescribing all medications, including, without limitation, those set out in the Summary of Narcotics, Narcotic Preparations, Controlled Drugs and Benzodiazepines/Targeted Substances taken from the Compendium of Pharmaceuticals and Specialties (Health Canada) and Schedules I through IV of the Controlled Drugs and Substances Act, S.C. 1996, c.19, attached as Schedule "A" to the order.
Terms and conditions imposed on certificate by: Executive Committee