In July 1993, Dr. Kular pleaded guilty to a charge of professional misconduct, as defined in Ontario Regulation 448/80, as amended, in that he failed to maintain the records that are required to be kept respecting his patients, contrary to s. 27(3); and in that he failed to maintain the standard of practice of the profession, contrary to s. 27(21). The Discipline Committee accepted this plea and found Dr. Kular guilty of professional misconduct. Consequently, the Committee imposed the following penalty:
1. Dr. Kular was to undergo the Physician Review Program at the first available opportunity, and at his own expense. If he achieved Level 4, 5 or 6 in the PREP, his licence to practice would be suspended, commencing two weeks after his receipt of the report of the PREP, until he achieved Level 3 or better in a subsequent PREP reassessment.
2. A restriction was to be placed on Dr. Kular's licence, such that he be prohibited from prescribing, dispensing or possessing narcotics, verbal prescription narcotics, controlled drugs or benzodiazepines, except that:
(a) the restriction with respect to benzodiazepines was to terminate provided that Dr. Kular completed a mini-residency on the proper prescribing of controlled dangerous substances sponsored by the University of Medicine and Dentistry of New Jersey, and that the responsible official from that program confirmed to the Director of Professional Enhancement of the College of Physicians and Surgeons of Ontario that Dr. Kular had demonstrated appropriate ability and attitudes in the use of controlled dangerous substances; and
(b) the restriction with respect to the other drugs and compounds was to terminate one year after Dr. Kular complied with clause (a) of this paragraph.
3. The Discipline Committee ordered that Dr. Kular be reprimanded, with the fact of the reprimand to be recorded on the Register.
4. The Discipline Committee directed that the imposition of any further penalty be suspended upon the terms that Dr. Kular:
(1) undertook promptly any remedial continuing education which the PREP might recommend as a result of the review, including any recommended reevaluations, to the satisfaction of the Director of Professional Enhancement of the College;
(2) requested the Minister of National Health and Welfare, in writing through the College, to give the appropriate notice under federal law to prohibit Dr. Kular from prescribing, dispensing or possessing narcotics, verbal prescription narcotics and controlled drugs, so as to implement section 2 of this Order; and
(3) consented to up to three unannounced inspections of his practice, as provided for under s. 65 of the Health Disciplines Act, 1990, as amended, within the three years after this Order became final.
