On September 29, 2008 the Discipline Committee found Dr. Poon to have committed an act of professional misconduct in that he failed to maintain the standard of practice of the profession. The Discipline Committee ordered and directed that:
1. The Registrar impose immediately the following terms, conditions and limitations on Dr. Poon’s Certificate of Registration:
(a) Dr. Poon shall be prohibited from performing all surgical procedures and be limited to surgical assists only, as defined in paragraph 2(b). For greater certainty, “all surgical procedures” includes, but is not limited to, all cosmetic surgical procedures and all minor office surgical procedures except for those procedures set out in paragraph 2(d);
(b) Dr. Poon may practice as a surgical assistant only in a hospital based setting and when a Royal College of Physicians & Surgeons of Canada certified surgeon, who is approved by and a member of the College of Physicians and Surgeons of Ontario and who is aware of the terms, conditions and limitations on Dr. Poon’s certificate of registration is performing the surgery and is in attendance throughout;
(c) At his own expense, Dr. Poon shall undergo the Physician Review and Enhancement Program (“PREP™”) pertaining to his family practice and shall abide by any and all reasonable recommendations made as result of PREP™. Dr. Poon shall participate in the PREP™ course within 6 weeks of the date of this Order;
(d) If Dr. Poon receives from PREP™ a Category 3 result or better, as a part of his family practice he shall be permitted to perform the following minor office procedures so long as they are not performed on the face or neck and provided the procedures are billable to OHIP:
i. minor diagnostic procedures on superficial lesions less than 2 cm, under local anesthetic, for medical, not cosmetic reasons;
ii. incisions and drainage of superficial abscesses; and
iii. suturing of uncomplicated superficial lacerations; and
(e) Dr. Poon shall submit to, and not interfere with, unannounced inspections of his practices and patients’ charts by College representatives for the purposes of his compliance with these terms, conditions and limitations on his certificate of registration.
2. The results of this proceeding be included in the register.
On May 24, 2016, further to a motion by Dr. Jimmy Chi Ming Poon, the Discipline Committee ordered the September 29, 2008 Order regarding Dr. Poon to be varied. The Committee ordered and directed:
2. the Registrar to impose immediately the following terms, conditions and limitations on Dr. Poon's Certificate of Registration:
a. Dr. Poon shall be prohibited from performing all surgical procedures and be limited to surgical assists only, as defined in paragraph 2(b). For greater certainty, "all surgical procedures" includes but is not limited to, all cosmetic surgical procedures and all minor office surgical procedures except the following, which Dr. Poon is permitted to perform:
i. minor diagnostic procedures on superficial lesions that are not performed on the face or neck, that are less than 2 cm, that are performed under local anesthetic for medical, not cosmetic reasons and that are billable to OHIP;
ii. incisions and drainage of superficial abscesses that are not performed on the face or neck and that are billable to OHIP;
iii. suturing of uncomplicated superficial lacerations that are not performed on the face or neck and that are billable to OHIP; and
iv. minor, minimally invasive cosmetic procedures such as dermal filler injections, chemical peels, ultrasound and laser therapies, hair removal and the like.
b. Dr. Poon may practise as a surgical assistant only in a hospital based setting and when a Royal College of Physicians and Surgeons of Canada certified surgeon, who is approved by and a member of the College of Physicians and Surgeons of Ontario and who is aware of the terms, conditions and limitations on Dr. Poon's certificate of registration, is performing the surgery and is in attendance throughout;
c. Dr. Poon shall submit to, and not interfere with, unannounced inspections of his practices and patients' charts by College representatives for the purposes of his compliance with these terms, conditions and limitations on his certificate of registration; and
3. the results of this proceeding to be included in the register.
Terms and conditions imposed on certificate by: Executive Committee
