THE FOLLOWING INFORMATION WAS OBTAINED FROM THE PHYSICIAN REGISTER SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO (WWW.CPSO.ON.CA) AS OF THE DATE AND TIME NOTED BELOW
10/05/25 03:55:43 AM

General Information

Former Name: No Former Name
Medical School: University of Toronto, 1992
Gender: Man
Languages Spoken: ENGLISH

Practice Information

Primary Business Location: Address not Available
Business Email: No Information Available
Phone: No Information Available
Fax: No Information Available

Specialties

No Specialty Reported

Hospital Privileges

No information available

Professional Corporation Information

Corporation Name: Dr. Kelvin W. M. Leung Medicine Professional Corporation
Certificate of Authorization Status: Issued Date: 19 Sep 2020
Shareholders:
Dr. K. Leung (CPSO#: 65257 )
Business Address: Unit 4A
62 Overlea Boulevard
Toronto Ontario M4H 1C4 (416) 425-8800

General Information

Former Name: No Former Name
Gender: Man
Languages Spoken: ENGLISH
Medical School: University of Toronto, 1992

Practice Information

Primary Business Location: Address not Available
Business Email: No Information Available
Phone: No Information Available
Fax: No Information Available

Specialties

No Specialty Reported

Hospital Privileges

No information available

Professional Corporation Information

Corporation Name: Dr. Kelvin W. M. Leung Medicine Professional Corporation
Certificate of Authorization Status: Issued Date: 19 Sep 2020
Shareholders:
Dr. K. Leung (CPSO#: 65257 )
Business Address: Unit 4A
62 Overlea Boulevard
Toronto Ontario M4H 1C4 (416) 425-8800

Practice Conditions

IMPOSED BY EFFECTIVE DATE EXPIRY DATE STATUS
Discipline Committee
25 Feb 2020
Restricted
IMPOSED BY: Discipline Committee
EFFECTIVE DATE: Feb 25 2020
EXPIRY DATE:
STATUS: Restricted
A physician who has a restricted licence must follow specific terms and conditions in their practice.
A physician who has a restricted licence must follow specific terms and conditions in their practice.
VIEW DETAILS chevron-down icon
As from 4:00 p.m., December 11, 2017, by order of the Discipline Committee of
the College of Physicians and Surgeons of Ontario, the following term,
condition and limitation is imposed on the certificate of registration held by
Dr. Kelvin Wing-Ming Leung:


Practice Restriction

(i) Dr. Leung shall not perform hemorrhoid procedures.

Posting a Sign (Practice Restriction)

(ii) Dr. Leung shall post a sign in the waiting room(s) of all his Practice
Locations, in a clearly visible and secure location, in the form set out
at Appendix "A." For further clarity, this sign shall state as follows:
"Dr. Leung must not perform hemorrhoid procedures. Further information
may be found on the College of Physicians and Surgeons of Ontario website
at www.cpso.on.ca".

(iii) Dr. Leung shall post a certified translation(s) in any language(s) in
which he provides services, of the sign described above in the waiting
room(s) of all his Practice Locations, in a clearly visible and secure
location, in the form set out at Appendix "A."

(iv) Dr. Leung shall provide the certified translation(s) to the College
within thirty (30) days of the date of this Order.

(v) If Dr. Leung elects, after the date of this Order, to provide services in
any other language(s), he will notify the College prior to providing any
such services.

(vi) Dr. Leung shall provide to the College the certified translation(s) prior
to beginning to provide services in the language(s) described in (v)
above.

Monitoring

(vii) Dr. Leung shall inform the College of each and every location that he
practises or has privileges including, but not limited to, hospital(s),
clinic(s) and office(s), in any jurisdiction (collectively the "Practice
Location(s)"), within five (5) days of this Order. Going forward, he
shall inform the College of any and all new Practice Locations within
five (5) days of commencing practice at that location.

(viii)Dr. Leung shall consent to the College to make appropriate enquiries of
the Ontario Health Insurance Plan and/or any person or institution who
may have relevant information in order for the College to monitor Dr.
Leung's compliance with the terms of this Order and shall promptly sign
such consents as may be necessary for the College to obtain information
from these persons or institutions;

(ix) Dr. Leung shall submit to, and not interfere with, unannounced
inspections of his Practice Locations and to inspections of patient
charts by the College and to any other activity the College deems
necessary in order to monitor Dr. Leung's compliance with the terms of
this Order;

(x) Dr. Leung shall consent to the College providing the Order to any
Chief(s) of Staff, or a colleague with similar responsibilities, at any
Practice Location where he practises or has privileges ("Chief(s) of
Staff"), and to provide said Chief(s) of Staff with any information the
College has that led to this Order and/or any information arising from
the monitoring of his compliance with this Order.

VIEW DETAILS chevron-down icon
As from 4:00 p.m., December 11, 2017, by order of the Discipline Committee of
the College of Physicians and Surgeons of Ontario, the following term,
condition and limitation is imposed on the certificate of registration held by
Dr. Kelvin Wing-Ming Leung:


Practice Restriction

(i) Dr. Leung shall not perform hemorrhoid procedures.

Posting a Sign (Practice Restriction)

(ii) Dr. Leung shall post a sign in the waiting room(s) of all his Practice
Locations, in a clearly visible and secure location, in the form set out
at Appendix "A." For further clarity, this sign shall state as follows:
"Dr. Leung must not perform hemorrhoid procedures. Further information
may be found on the College of Physicians and Surgeons of Ontario website
at www.cpso.on.ca".

(iii) Dr. Leung shall post a certified translation(s) in any language(s) in
which he provides services, of the sign described above in the waiting
room(s) of all his Practice Locations, in a clearly visible and secure
location, in the form set out at Appendix "A."

(iv) Dr. Leung shall provide the certified translation(s) to the College
within thirty (30) days of the date of this Order.

(v) If Dr. Leung elects, after the date of this Order, to provide services in
any other language(s), he will notify the College prior to providing any
such services.

(vi) Dr. Leung shall provide to the College the certified translation(s) prior
to beginning to provide services in the language(s) described in (v)
above.

Monitoring

(vii) Dr. Leung shall inform the College of each and every location that he
practises or has privileges including, but not limited to, hospital(s),
clinic(s) and office(s), in any jurisdiction (collectively the "Practice
Location(s)"), within five (5) days of this Order. Going forward, he
shall inform the College of any and all new Practice Locations within
five (5) days of commencing practice at that location.

(viii)Dr. Leung shall consent to the College to make appropriate enquiries of
the Ontario Health Insurance Plan and/or any person or institution who
may have relevant information in order for the College to monitor Dr.
Leung's compliance with the terms of this Order and shall promptly sign
such consents as may be necessary for the College to obtain information
from these persons or institutions;

(ix) Dr. Leung shall submit to, and not interfere with, unannounced
inspections of his Practice Locations and to inspections of patient
charts by the College and to any other activity the College deems
necessary in order to monitor Dr. Leung's compliance with the terms of
this Order;

(x) Dr. Leung shall consent to the College providing the Order to any
Chief(s) of Staff, or a colleague with similar responsibilities, at any
Practice Location where he practises or has privileges ("Chief(s) of
Staff"), and to provide said Chief(s) of Staff with any information the
College has that led to this Order and/or any information arising from
the monitoring of his compliance with this Order.

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (1)

Date of Decision: 11 Dec 2017
Summary of Decision:
On December 11, 2017, the Discipline Committee found that Dr. Kelvin Wing-Ming Leung committed an act of professional misconduct, in that: he has he has failed to maintain the standard of practice of the profession; and, he has 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.

2014 Mandatory Report

In December 2014, the College received a mandatory report from a family physician expressing concern about Dr. Leung’s treatment of hemorrhoids in an 18 yr. old patient who had attended at Dr. Leung’s office for a follow up for chlamydia. The patient did not consent to be identified in the report.

Patient A

In December 2014, Patient A presented at Dr. Leung’s office with left knee pain. On examining her left hip and lower abdomen, Dr. Leung queried a potential ovarian abnormality. Dr. Leung conducted a vulvar, pelvic and visual peri-anal examination of Patient A, during which he noted an internal hemorrhoid, which he proceeded to incise and cauterize.

In January 2015, following Patient A’s complaint, the medical expert retained by the College opined that while the recommended plan to use anti-inflammatories and to participate in physical therapy seemed appropriate, Dr. Leung did not meet the standard of practice of the profession in his care of Patient A including: poor record keeping, examining the patients lower abdomen when not indicated, a pelvic exam when not indicated, a peri-anal exam in an asymptomatic patient, and subsequently recommending and performing a hemorrhoid treatment that was neither indicated nor evidence based. The medical expert concluded that Dr. Leung’s treatment of Patient A fell below the standard of practice of the medical profession and that providing this patient with a non-indicated pelvic exam and subsequently a non-indicated hemorrhoid treatment exposed this patient to harm. He further concluded that Dr. Leung`s knowledge and judgment with respect to hemorrhoid treatments and performing non indicated peri-anal and pelvic exams falls well below the standard of practice of the profession.

Dr. Leung retained a medical expert who pointed out that Patient A acknowledged during an interview with the College that nothing seemed out of the ordinary about the pelvic examination and in her mind, it was like a normal vaginal examination.

The Investigation

The College conducted an investigation pursuant to s. 75(1)(a) of the Health Professions Procedural Code of Dr. Leung’s practice of hemorrhoid treatment. When advised of the Investigation and the potential concerns regarding the appropriateness of his hemorrhoid procedures, Dr. Leung voluntarily stopped performing all hemorrhoid procedures and has not performed any hemorrhoid procedures since that time. He has agreed not to perform any such procedures in the future.

Upon reviewing 10 female patients’ charts, the medical expert retained by the College made positive findings including: Dr. Leung appropriately treated one patient and she was comfortable with the care provided for genital warts; a patient’s UTI was treated appropriately; a third patient had an appropriate pelvic exam and vaginal swab and education about conservative measures; a fourth patient had an appropriate pelvic exam and Dr. Leung displayed a good knowledge base regarding the differential diagnosis of pelvic pain; regarding a fifth patient, there was no concern regarding Dr. Leung’s knowledge, judgment or skill and he is not exposing patients to harm regarding prenatal care; in a sixth patient, plantar wart treatment was well documented and appropriate; a seventh patient was treated appropriately for peri anal warts. The medical expert concluded that Dr. Leung fell below the standard of care expected by the profession in 9 of the 10 charts reviewed; his knowledge and judgement with respect to hemorrhoid treatments fell below the standard of care of the profession; and providing these treatments exposed 9 patients to potential harm. Specific concerns included:

- Dr. Leung performing intimate exams (rectal, peri-anal) without clear indication and consent
- Multiple rectal area exams and hemorrhoid treatments did not have clear explicit indications
- Lack of informed consent to perform intimate exams and hemorrhoid treatments
- Dr. Leung’s record keeping in all ten charts fell below the standard expected.

Upon reviewing 10 male patients’ charts, the medical expert made positive findings including:
Dr. Leung appropriately recommended conservative measures for one patient’s anal complaint; regarding treatment of hemorrhoid concerns in four patients, Dr. Leung met the standard of practice of the profession, did not display a lack of knowledge, lack of skill, nor a lack of judgment and did not expose patients to harm. However, the expert opined that Dr. Leung's record-keeping fell below the standard of practice of the profession in all 10 cases. Dr. Leung met the standard of practice in his care of 4 out of 10 patients. In 5 of 10 patient charts reviewed, Dr. Leung displayed a lack of knowledge and judgment with respect to the hemorrhoid treatment. He was over treating hemorrhoids without a period of conservative measures; the treatment protocol was not evidence-based and is not the standard of practice. Dr. Leung exposed 5 out of 10 patients to potential harm in performing a procedure on the perineum that was not indicated.

The medical expert retained by Dr. Leung indicated that genital urinary (GU) examinations were performed on 5 of the female patients for legitimate reasons.

2017 Interim Order of the ICRC

On January 18, 2017, allegations of Dr. Leung's professional misconduct were referred to the Discipline Committee. On February 10, 2017, the Inquiries, Complaints and Reports Committee (ICRC) made an interim order which included, among other things, the following requirements:

- Dr. Leung is not to perform hemorrhoid procedures;
- Dr. Leung is to post a sign in his office indicating that Dr. Leung must not perform hemorrhoid procedures;
- Dr. Leung is not to engage in any professional encounters except in the presence of a Practice Monitor;
- Dr. Leung is to post a sign in his office indicating that Dr. Leung must not have any professional encounters with any patients unless a practice monitor is present and that Dr. Leung must not be alone with any patients in any examination or consultation room;
- Dr. Leung is to notify patients of the details of the restriction to practice unless a Practice Monitor is present;
- Dr. Leung is to maintain a log of all intimate examinations conducted and the indication for the examination and ensure his Practice Monitor verifies the accuracy;
- Dr. Leung is to practice under the guidance of a clinical supervisor; and
- Dr. Leung is to consent and submit to monitoring by the College.

Dr. Leung billed for all of the services at issue.

Compliance and Monitoring

On March 1, 2017, Compliance Monitoring and Supervision conducted an unannounced compliance visit to Dr. Leung’s office. It was observed that the Practice Monitor did not have her own username for the electronic medical records (EMR) system and was signing off patient encounter notes under Dr. Leung’s username. Once Dr. Leung was informed that he must provide the Practice Monitor with her own password that is unknown to other clinic users, he contacted the EMR vendor to make arrangements. On March 8, 2017, the Practice Monitor informed the College that Dr. Leung had provided her with her own a username. Dr. Leung provided the Practice Monitor with her own password by March 23, 2017.

On March 29, 2017, the College received a document from the Practice Monitor that Dr. Leung had given the Practice Monitor, authored by Dr. Leung, in which Dr. Leung expressed his feelings with respect to the College process.

On May 2, 2017, an additional allegation was referred to the Discipline Committee that Dr. Leung engaged in disgraceful, dishonourable or unprofessional conduct in his conduct in implementing the s.37 Order, including in his dealings with his practice monitor and patients.

The following facts were presented during the penalty portion of the hearing:
- Dr. Leung has not had any prior allegations referred to the Discipline Committee or findings made against him.
- Dr. Leung has had a Practice Monitor present for every patient encounter since February 10, 2017.
- Since the Interim Order has been in place, Dr. Leung has had to arrange for 5 different Practice Monitors acceptable to the College. He has had up to four Practice Monitors at one time in order to have adequate coverage but currently only has two Practice Monitors because of Practice Monitors leaving for other positions.
- Dr. Leung has paid all of the costs associated with the practice monitoring. To date, the costs of practice monitoring are approximately $29,500.


Disposition

On December 11, 2017, the Committee ordered and directed that:
- the Registrar suspend Dr. Leung’s Certificate of Registration for a two month period commencing December 18, 2017.
- the Registrar impose the following terms, conditions and limitations on Dr. Leung’s Certificate of Registration:
a) Practice Restriction
(i) Dr. Leung shall not perform hemorrhoid procedures.
Posting a Sign (Practice Restriction)
(ii) Dr. Leung shall post a sign in the waiting room(s) of all his Practice Locations, in a clearly visible and secure location, in the form set out at Appendix “A.” For further clarity, this sign shall state as follows: “Dr. Leung must not perform hemorrhoid procedures. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca”.
(iii) Dr. Leung shall post a certified translation(s) in any language(s) in which he provides services, of the sign described above in the waiting room(s) of all his Practice Locations, in a clearly visible and secure location, in the form set out at Appendix “A.”
(iv) Dr. Leung shall provide the certified translation(s) to the College within thirty (30) days of the date of this Order.
(v) If Dr. Leung elects, after the date of this Order, to provide services in any other language(s), he will notify the College prior to providing any such services.
(vi) Dr. Leung shall provide to the College the certified translation(s) prior to beginning to provide services in the language(s) described in (v) above.
b) Practice Monitor and Patient Log
(i) Dr. Leung shall not engage in any professional encounters of any kind (the “Patient Encounter”) with patients, unless the Patient Encounter takes place in the continuous presence of and under the continuous observation of a monitor who is a regulated health professional acceptable to the College (the “Practice Monitor”).
(ii) At all times, Dr. Leung shall ensure that the Practice Monitor shall:
(a) Provide reports (as described in the Practice Monitor’s undertaking) to the College on a monthly basis;
(b)Remain present at all times during all Patient Encounters, even if another person is accompanying the patient, and carefully observing all of Dr. Leung’s Patient Encounters including, but not limited to, physical examinations. It is Dr. Leung’s obligation to ensure that the Practice Monitor’s view of his examinations is unobstructed at all times;
(c) Refrain from performing other functions, except those required in the Practice Monitor’s undertaking attached as Appendix “B”, while observing all Patient Encounters;
(d) Maintain a log of all Patient Encounters in the form attached as Appendix “C” (the “Log”);
(e) Initial all corresponding entries in the records of patients noted in the Log; and
(f) Submit the original Log to the College on a monthly basis.

(iii) Dr. Leung shall maintain a copy of the Log at all times, and shall make it available to the College upon request.
Posting a Sign (Practice Monitor)
(iv) Dr. Leung shall post a sign in his waiting room(s) and each of his examination and/or consulting rooms, in all of his Practice Locations, in a clearly visible and secure location, in the form attached hereto as Appendix “D” that states: “Dr. Kelvin Wing-Ming Leung must not have any professional encounters with any patients unless under the continuous observation of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Further information may be found on the College website at www.cpso.on.ca.”
(v) Dr. Leung shall post a certified translation(s) in any language(s) in which he provides services, of the sign described in (xi) above, in his waiting room(s) and each of his examination and/or consulting rooms, in all of his Practice Locations, in a clearly visible and secure location.
(vi) Dr. Leung shall provide the certified translation(s) described in (xii) above to the College within 30 days of the date of this Order.
Notifying Patients
(vii) Dr. Leung is to directly notify each patient scheduled for an appointment with him, prior to the appointment, and at least within seven (7) days after the appointment is booked, of the details of the restriction described in section b(i) above or section d(ii) below.
c) Clinical Supervision: Indication for Intimate Examinations Intimate Examination Log
(i) Dr. Leung shall maintain an up-to-date daily log listing every patient seen by him in his family practice, including the patient’s name, date of birth, OHIP number, date of appointment or visit, reason for visit, any intimate examination(s) conducted and the indication for the examination in the form attached as Appendix “E” (the “Intimate Examination Log”).
(ii) Dr. Leung shall ensure that his Practice Monitor verifies the accuracy of each entry and initials the Intimate Examination Log after every patient encounter.
Supervision
(iii) For a period of six months from the date of resumption of practice following suspension, Dr. Leung shall practise under the guidance of a clinical supervisor(s) acceptable to the College in respect of the indication for intimate examinations in his family medicine practice (the “Clinical Supervisor(s)”), at his own expense.
(iv) Dr. Leung shall meet with the Clinical Supervisor(s) once every two weeks, which shall consist of the Clinical Supervisor reviewing Dr. Leung’s Intimate Examination Log, with reports to be provided to the College at least monthly by the Clinical Supervisor(s). The Clinical Supervisor shall examine the relevant patient charts if and when there is concern about the indication of any intimate examination conducted.
(v) Dr. Leung shall provide his Clinical Supervisor(s) with full access to his OHIP billings, his appointment scheduling book/program, and the Intimate Examination Log. He shall maintain the original Intimate Examination Log and shall send a copy to the College at the end of every calendar month.
(vi) Dr. Leung shall ensure that the undertaking of the Clinical Supervisor(s) attached at Appendix “F” to this Order is delivered to the College within ten (10) days of the date of this Order. If Dr. Leung has not delivered the Clinical Supervisor(s)’ undertaking to the College by that date, Dr. Leung shall cease to practise family medicine until delivery of the undertaking, and the fact that he has done so will constitute a term, condition or limitation on his certificate of registration.
(vii) Dr. Leung shall fully cooperate with the clinical supervision of his family medicine practice, and shall abide by any recommendations of his Clinical Supervisor(s).
(viii) If a Clinical Supervisor(s) who has given an undertaking in Appendix “F” to this Order is unable or unwilling to continue to fulfil its terms, Dr. Leung shall, within ten (10) days of receiving notice of same, obtain an executed undertaking in the same form from a similarly qualified person who is acceptable to the College and ensure that it is delivered to the College within that time.
(ix) If Dr. Leung is unable to obtain a Clinical Supervisor in accordance with this Order, he shall cease practising family medicine immediately until such time as he has done so, and the fact that he has done so will constitute a term, condition or limitation on his certificate of registration until that time.
d) Reassessments
Six Month Reassessment

i) At six (6) months following from the date of resumption of practice following suspension, Dr. Leung shall submit to an assessment of his practice by an assessor or assessors selected by the College (the “Assessment”). The Assessment may include chart reviews, direct observation of Dr. Leung’s care, interviews with colleagues and co-workers, feedback from patients and any other tools deemed necessary by the College. Dr. Leung shall abide by all recommendations made by the assessor(s), and the results of the Assessment will be reported to the College and may form the basis of further action
by the College;
ii) In the event the reassessment is positive, the practice restriction set out at b(vii) above can be varied to: Dr. Leung shall not engage in any breast, pelvic, genital, urinary, perineal, perianal and rectal examinations of patients, unless the examination takes place in the continuous presence of and under the continuous observation of a monitor who is a regulated health professional acceptable to the College (the “Practice Monitor”).
iii) If and when the role of the practice monitor is reduced, Dr. Leung shall post a sign in his waiting room(s) and each of his examination and/or consulting rooms, in all of his Practice Locations, in a clearly visible and secure location, in the form attached hereto as Appendix “G” that states: “Dr. Kelvin Wing-Ming Leung must not conduct breast, genital, urinary, or rectal examinations except under the continuous observation of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Further information may be found on the College website at www.cpso.on.ca.”
iv) The Undertaking of the Practice Monitor is attached at Appendix “H” to this Order.
Eighteen Month Reassessment
v) At eighteen (18) months following from the date of resumption of practice following suspension, Dr. Leung shall submit to a further assessment of his practice by an assessor or assessors selected by the College (the “Assessment”). The Assessment may include chart reviews, direct observation of Dr. Leung’s care, interviews with colleagues and co-workers, feedback from patients and any other tools deemed necessary by the College. Dr. Leung shall abide by all recommendations made by the assessor(s), and the results of the Assessment will be reported to the College and may form the basis of further action by the College;
vi) In the event the reassessment is positive, Dr. Leung will no longer be required to conduct breast, pelvic, genital, urinary, perineal, perianal and rectal examinations in the presence of a practice monitor.
e) Education
i) Dr. Leung will successfully complete, within six months of the date of this Order, a one on one educational session to address the sensitivity of patients with regards to intimate examinations.
ii) Dr. Leung will successfully complete instruction in medical record keeping within six months of the date of this Order.
f) Costs
i) Dr. Leung shall be responsible for any and all costs associated with implementing the terms of this Order
g) Monitoring
(i) Dr. Leung shall inform the College of each and every location that he practices or has privileges including, but not limited to, hospital(s), clinic(s) and office(s), in any jurisdiction (collectively the “Practice Location(s)”), within five (5) days of this Order. Going forward, he shall inform the College of any and all new Practice Locations within five (5) days of commencing practice at that location.
(ii) Dr. Leung shall consent to the College to make appropriate enquiries of the Ontario Health Insurance Plan and/or any person or institution who may have relevant information in order for the College to monitor Dr. Leung’s compliance with the terms of this Order and shall promptly sign such consents as may be necessary for the College to obtain information from these persons or institutions;
(iii) Dr. Leung shall submit to, and not interfere with, unannounced inspections of his Practice Locations and to inspections of patient charts by the College and to any other activity the College deems necessary in order to monitor Dr. Leung’s compliance with the terms of this Order;
(iv) Dr. Leung shall consent to the College providing any and all information to the Practice Monitor and Clinical Supervisor that the College deems necessary or desirable in order to assist the Practice Monitor and Clinical Supervisor in fulfilling their Undertakings and in order to monitor Dr. Leung’s compliance with the terms of this Order;
(v) Dr. Leung shall consent to all Practice Monitors and Clinical Supervisor to disclose to the College, and to one another, any information relevant to this Order, relevant to the terms of the Practice Monitor’s or Clinical Supervisor’s Undertaking and/or relevant for the purposes of monitoring Dr. Leung’s compliance with this Order; and
(vi) Dr. Leung shall consent to the College providing the Order to any Chief(s) of Staff, or a colleague with similar responsibilities, at any Practice Location where he practices or has privileges (“Chief(s) of Staff”), and to provide said Chief(s) of Staff with any information the College has that led to this Order and/or any information arising from the monitoring of his compliance with this Order.
- Dr. Leung appear before the panel to be reprimanded.
- Dr. Leung pay costs to the College in the amount of $5,500.00 within thirty (30) days of the date of this Order.
 
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): Hearing Dates: December 11, 2017

Other Notifications (1)

Source: Inquiries, Complaints and Reports Committee
Effective Date: 20 Sep 2017
Summary:
Effective February 24, 2020, Dr. Leung has completed all elements of this SCERP.

Specified Continuing Education and Remediation Program:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College By-laws to be posted on the register, along with a note if the decision has been appealed. A SCERP is one of the dispositions that the College’s Inquiries, Complaints and Reports Committee may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a SCERP:

Download Full Document (PDF)

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (1)

Date of Decision: 11 Dec 2017
Summary of Decision:
On December 11, 2017, the Discipline Committee found that Dr. Kelvin Wing-Ming Leung committed an act of professional misconduct, in that: he has he has failed to maintain the standard of practice of the profession; and, he has 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.

2014 Mandatory Report

In December 2014, the College received a mandatory report from a family physician expressing concern about Dr. Leung’s treatment of hemorrhoids in an 18 yr. old patient who had attended at Dr. Leung’s office for a follow up for chlamydia. The patient did not consent to be identified in the report.

Patient A

In December 2014, Patient A presented at Dr. Leung’s office with left knee pain. On examining her left hip and lower abdomen, Dr. Leung queried a potential ovarian abnormality. Dr. Leung conducted a vulvar, pelvic and visual peri-anal examination of Patient A, during which he noted an internal hemorrhoid, which he proceeded to incise and cauterize.

In January 2015, following Patient A’s complaint, the medical expert retained by the College opined that while the recommended plan to use anti-inflammatories and to participate in physical therapy seemed appropriate, Dr. Leung did not meet the standard of practice of the profession in his care of Patient A including: poor record keeping, examining the patients lower abdomen when not indicated, a pelvic exam when not indicated, a peri-anal exam in an asymptomatic patient, and subsequently recommending and performing a hemorrhoid treatment that was neither indicated nor evidence based. The medical expert concluded that Dr. Leung’s treatment of Patient A fell below the standard of practice of the medical profession and that providing this patient with a non-indicated pelvic exam and subsequently a non-indicated hemorrhoid treatment exposed this patient to harm. He further concluded that Dr. Leung`s knowledge and judgment with respect to hemorrhoid treatments and performing non indicated peri-anal and pelvic exams falls well below the standard of practice of the profession.

Dr. Leung retained a medical expert who pointed out that Patient A acknowledged during an interview with the College that nothing seemed out of the ordinary about the pelvic examination and in her mind, it was like a normal vaginal examination.

The Investigation

The College conducted an investigation pursuant to s. 75(1)(a) of the Health Professions Procedural Code of Dr. Leung’s practice of hemorrhoid treatment. When advised of the Investigation and the potential concerns regarding the appropriateness of his hemorrhoid procedures, Dr. Leung voluntarily stopped performing all hemorrhoid procedures and has not performed any hemorrhoid procedures since that time. He has agreed not to perform any such procedures in the future.

Upon reviewing 10 female patients’ charts, the medical expert retained by the College made positive findings including: Dr. Leung appropriately treated one patient and she was comfortable with the care provided for genital warts; a patient’s UTI was treated appropriately; a third patient had an appropriate pelvic exam and vaginal swab and education about conservative measures; a fourth patient had an appropriate pelvic exam and Dr. Leung displayed a good knowledge base regarding the differential diagnosis of pelvic pain; regarding a fifth patient, there was no concern regarding Dr. Leung’s knowledge, judgment or skill and he is not exposing patients to harm regarding prenatal care; in a sixth patient, plantar wart treatment was well documented and appropriate; a seventh patient was treated appropriately for peri anal warts. The medical expert concluded that Dr. Leung fell below the standard of care expected by the profession in 9 of the 10 charts reviewed; his knowledge and judgement with respect to hemorrhoid treatments fell below the standard of care of the profession; and providing these treatments exposed 9 patients to potential harm. Specific concerns included:

- Dr. Leung performing intimate exams (rectal, peri-anal) without clear indication and consent
- Multiple rectal area exams and hemorrhoid treatments did not have clear explicit indications
- Lack of informed consent to perform intimate exams and hemorrhoid treatments
- Dr. Leung’s record keeping in all ten charts fell below the standard expected.

Upon reviewing 10 male patients’ charts, the medical expert made positive findings including:
Dr. Leung appropriately recommended conservative measures for one patient’s anal complaint; regarding treatment of hemorrhoid concerns in four patients, Dr. Leung met the standard of practice of the profession, did not display a lack of knowledge, lack of skill, nor a lack of judgment and did not expose patients to harm. However, the expert opined that Dr. Leung's record-keeping fell below the standard of practice of the profession in all 10 cases. Dr. Leung met the standard of practice in his care of 4 out of 10 patients. In 5 of 10 patient charts reviewed, Dr. Leung displayed a lack of knowledge and judgment with respect to the hemorrhoid treatment. He was over treating hemorrhoids without a period of conservative measures; the treatment protocol was not evidence-based and is not the standard of practice. Dr. Leung exposed 5 out of 10 patients to potential harm in performing a procedure on the perineum that was not indicated.

The medical expert retained by Dr. Leung indicated that genital urinary (GU) examinations were performed on 5 of the female patients for legitimate reasons.

2017 Interim Order of the ICRC

On January 18, 2017, allegations of Dr. Leung's professional misconduct were referred to the Discipline Committee. On February 10, 2017, the Inquiries, Complaints and Reports Committee (ICRC) made an interim order which included, among other things, the following requirements:

- Dr. Leung is not to perform hemorrhoid procedures;
- Dr. Leung is to post a sign in his office indicating that Dr. Leung must not perform hemorrhoid procedures;
- Dr. Leung is not to engage in any professional encounters except in the presence of a Practice Monitor;
- Dr. Leung is to post a sign in his office indicating that Dr. Leung must not have any professional encounters with any patients unless a practice monitor is present and that Dr. Leung must not be alone with any patients in any examination or consultation room;
- Dr. Leung is to notify patients of the details of the restriction to practice unless a Practice Monitor is present;
- Dr. Leung is to maintain a log of all intimate examinations conducted and the indication for the examination and ensure his Practice Monitor verifies the accuracy;
- Dr. Leung is to practice under the guidance of a clinical supervisor; and
- Dr. Leung is to consent and submit to monitoring by the College.

Dr. Leung billed for all of the services at issue.

Compliance and Monitoring

On March 1, 2017, Compliance Monitoring and Supervision conducted an unannounced compliance visit to Dr. Leung’s office. It was observed that the Practice Monitor did not have her own username for the electronic medical records (EMR) system and was signing off patient encounter notes under Dr. Leung’s username. Once Dr. Leung was informed that he must provide the Practice Monitor with her own password that is unknown to other clinic users, he contacted the EMR vendor to make arrangements. On March 8, 2017, the Practice Monitor informed the College that Dr. Leung had provided her with her own a username. Dr. Leung provided the Practice Monitor with her own password by March 23, 2017.

On March 29, 2017, the College received a document from the Practice Monitor that Dr. Leung had given the Practice Monitor, authored by Dr. Leung, in which Dr. Leung expressed his feelings with respect to the College process.

On May 2, 2017, an additional allegation was referred to the Discipline Committee that Dr. Leung engaged in disgraceful, dishonourable or unprofessional conduct in his conduct in implementing the s.37 Order, including in his dealings with his practice monitor and patients.

The following facts were presented during the penalty portion of the hearing:
- Dr. Leung has not had any prior allegations referred to the Discipline Committee or findings made against him.
- Dr. Leung has had a Practice Monitor present for every patient encounter since February 10, 2017.
- Since the Interim Order has been in place, Dr. Leung has had to arrange for 5 different Practice Monitors acceptable to the College. He has had up to four Practice Monitors at one time in order to have adequate coverage but currently only has two Practice Monitors because of Practice Monitors leaving for other positions.
- Dr. Leung has paid all of the costs associated with the practice monitoring. To date, the costs of practice monitoring are approximately $29,500.


Disposition

On December 11, 2017, the Committee ordered and directed that:
- the Registrar suspend Dr. Leung’s Certificate of Registration for a two month period commencing December 18, 2017.
- the Registrar impose the following terms, conditions and limitations on Dr. Leung’s Certificate of Registration:
a) Practice Restriction
(i) Dr. Leung shall not perform hemorrhoid procedures.
Posting a Sign (Practice Restriction)
(ii) Dr. Leung shall post a sign in the waiting room(s) of all his Practice Locations, in a clearly visible and secure location, in the form set out at Appendix “A.” For further clarity, this sign shall state as follows: “Dr. Leung must not perform hemorrhoid procedures. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca”.
(iii) Dr. Leung shall post a certified translation(s) in any language(s) in which he provides services, of the sign described above in the waiting room(s) of all his Practice Locations, in a clearly visible and secure location, in the form set out at Appendix “A.”
(iv) Dr. Leung shall provide the certified translation(s) to the College within thirty (30) days of the date of this Order.
(v) If Dr. Leung elects, after the date of this Order, to provide services in any other language(s), he will notify the College prior to providing any such services.
(vi) Dr. Leung shall provide to the College the certified translation(s) prior to beginning to provide services in the language(s) described in (v) above.
b) Practice Monitor and Patient Log
(i) Dr. Leung shall not engage in any professional encounters of any kind (the “Patient Encounter”) with patients, unless the Patient Encounter takes place in the continuous presence of and under the continuous observation of a monitor who is a regulated health professional acceptable to the College (the “Practice Monitor”).
(ii) At all times, Dr. Leung shall ensure that the Practice Monitor shall:
(a) Provide reports (as described in the Practice Monitor’s undertaking) to the College on a monthly basis;
(b)Remain present at all times during all Patient Encounters, even if another person is accompanying the patient, and carefully observing all of Dr. Leung’s Patient Encounters including, but not limited to, physical examinations. It is Dr. Leung’s obligation to ensure that the Practice Monitor’s view of his examinations is unobstructed at all times;
(c) Refrain from performing other functions, except those required in the Practice Monitor’s undertaking attached as Appendix “B”, while observing all Patient Encounters;
(d) Maintain a log of all Patient Encounters in the form attached as Appendix “C” (the “Log”);
(e) Initial all corresponding entries in the records of patients noted in the Log; and
(f) Submit the original Log to the College on a monthly basis.

(iii) Dr. Leung shall maintain a copy of the Log at all times, and shall make it available to the College upon request.
Posting a Sign (Practice Monitor)
(iv) Dr. Leung shall post a sign in his waiting room(s) and each of his examination and/or consulting rooms, in all of his Practice Locations, in a clearly visible and secure location, in the form attached hereto as Appendix “D” that states: “Dr. Kelvin Wing-Ming Leung must not have any professional encounters with any patients unless under the continuous observation of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Further information may be found on the College website at www.cpso.on.ca.”
(v) Dr. Leung shall post a certified translation(s) in any language(s) in which he provides services, of the sign described in (xi) above, in his waiting room(s) and each of his examination and/or consulting rooms, in all of his Practice Locations, in a clearly visible and secure location.
(vi) Dr. Leung shall provide the certified translation(s) described in (xii) above to the College within 30 days of the date of this Order.
Notifying Patients
(vii) Dr. Leung is to directly notify each patient scheduled for an appointment with him, prior to the appointment, and at least within seven (7) days after the appointment is booked, of the details of the restriction described in section b(i) above or section d(ii) below.
c) Clinical Supervision: Indication for Intimate Examinations Intimate Examination Log
(i) Dr. Leung shall maintain an up-to-date daily log listing every patient seen by him in his family practice, including the patient’s name, date of birth, OHIP number, date of appointment or visit, reason for visit, any intimate examination(s) conducted and the indication for the examination in the form attached as Appendix “E” (the “Intimate Examination Log”).
(ii) Dr. Leung shall ensure that his Practice Monitor verifies the accuracy of each entry and initials the Intimate Examination Log after every patient encounter.
Supervision
(iii) For a period of six months from the date of resumption of practice following suspension, Dr. Leung shall practise under the guidance of a clinical supervisor(s) acceptable to the College in respect of the indication for intimate examinations in his family medicine practice (the “Clinical Supervisor(s)”), at his own expense.
(iv) Dr. Leung shall meet with the Clinical Supervisor(s) once every two weeks, which shall consist of the Clinical Supervisor reviewing Dr. Leung’s Intimate Examination Log, with reports to be provided to the College at least monthly by the Clinical Supervisor(s). The Clinical Supervisor shall examine the relevant patient charts if and when there is concern about the indication of any intimate examination conducted.
(v) Dr. Leung shall provide his Clinical Supervisor(s) with full access to his OHIP billings, his appointment scheduling book/program, and the Intimate Examination Log. He shall maintain the original Intimate Examination Log and shall send a copy to the College at the end of every calendar month.
(vi) Dr. Leung shall ensure that the undertaking of the Clinical Supervisor(s) attached at Appendix “F” to this Order is delivered to the College within ten (10) days of the date of this Order. If Dr. Leung has not delivered the Clinical Supervisor(s)’ undertaking to the College by that date, Dr. Leung shall cease to practise family medicine until delivery of the undertaking, and the fact that he has done so will constitute a term, condition or limitation on his certificate of registration.
(vii) Dr. Leung shall fully cooperate with the clinical supervision of his family medicine practice, and shall abide by any recommendations of his Clinical Supervisor(s).
(viii) If a Clinical Supervisor(s) who has given an undertaking in Appendix “F” to this Order is unable or unwilling to continue to fulfil its terms, Dr. Leung shall, within ten (10) days of receiving notice of same, obtain an executed undertaking in the same form from a similarly qualified person who is acceptable to the College and ensure that it is delivered to the College within that time.
(ix) If Dr. Leung is unable to obtain a Clinical Supervisor in accordance with this Order, he shall cease practising family medicine immediately until such time as he has done so, and the fact that he has done so will constitute a term, condition or limitation on his certificate of registration until that time.
d) Reassessments
Six Month Reassessment

i) At six (6) months following from the date of resumption of practice following suspension, Dr. Leung shall submit to an assessment of his practice by an assessor or assessors selected by the College (the “Assessment”). The Assessment may include chart reviews, direct observation of Dr. Leung’s care, interviews with colleagues and co-workers, feedback from patients and any other tools deemed necessary by the College. Dr. Leung shall abide by all recommendations made by the assessor(s), and the results of the Assessment will be reported to the College and may form the basis of further action
by the College;
ii) In the event the reassessment is positive, the practice restriction set out at b(vii) above can be varied to: Dr. Leung shall not engage in any breast, pelvic, genital, urinary, perineal, perianal and rectal examinations of patients, unless the examination takes place in the continuous presence of and under the continuous observation of a monitor who is a regulated health professional acceptable to the College (the “Practice Monitor”).
iii) If and when the role of the practice monitor is reduced, Dr. Leung shall post a sign in his waiting room(s) and each of his examination and/or consulting rooms, in all of his Practice Locations, in a clearly visible and secure location, in the form attached hereto as Appendix “G” that states: “Dr. Kelvin Wing-Ming Leung must not conduct breast, genital, urinary, or rectal examinations except under the continuous observation of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Further information may be found on the College website at www.cpso.on.ca.”
iv) The Undertaking of the Practice Monitor is attached at Appendix “H” to this Order.
Eighteen Month Reassessment
v) At eighteen (18) months following from the date of resumption of practice following suspension, Dr. Leung shall submit to a further assessment of his practice by an assessor or assessors selected by the College (the “Assessment”). The Assessment may include chart reviews, direct observation of Dr. Leung’s care, interviews with colleagues and co-workers, feedback from patients and any other tools deemed necessary by the College. Dr. Leung shall abide by all recommendations made by the assessor(s), and the results of the Assessment will be reported to the College and may form the basis of further action by the College;
vi) In the event the reassessment is positive, Dr. Leung will no longer be required to conduct breast, pelvic, genital, urinary, perineal, perianal and rectal examinations in the presence of a practice monitor.
e) Education
i) Dr. Leung will successfully complete, within six months of the date of this Order, a one on one educational session to address the sensitivity of patients with regards to intimate examinations.
ii) Dr. Leung will successfully complete instruction in medical record keeping within six months of the date of this Order.
f) Costs
i) Dr. Leung shall be responsible for any and all costs associated with implementing the terms of this Order
g) Monitoring
(i) Dr. Leung shall inform the College of each and every location that he practices or has privileges including, but not limited to, hospital(s), clinic(s) and office(s), in any jurisdiction (collectively the “Practice Location(s)”), within five (5) days of this Order. Going forward, he shall inform the College of any and all new Practice Locations within five (5) days of commencing practice at that location.
(ii) Dr. Leung shall consent to the College to make appropriate enquiries of the Ontario Health Insurance Plan and/or any person or institution who may have relevant information in order for the College to monitor Dr. Leung’s compliance with the terms of this Order and shall promptly sign such consents as may be necessary for the College to obtain information from these persons or institutions;
(iii) Dr. Leung shall submit to, and not interfere with, unannounced inspections of his Practice Locations and to inspections of patient charts by the College and to any other activity the College deems necessary in order to monitor Dr. Leung’s compliance with the terms of this Order;
(iv) Dr. Leung shall consent to the College providing any and all information to the Practice Monitor and Clinical Supervisor that the College deems necessary or desirable in order to assist the Practice Monitor and Clinical Supervisor in fulfilling their Undertakings and in order to monitor Dr. Leung’s compliance with the terms of this Order;
(v) Dr. Leung shall consent to all Practice Monitors and Clinical Supervisor to disclose to the College, and to one another, any information relevant to this Order, relevant to the terms of the Practice Monitor’s or Clinical Supervisor’s Undertaking and/or relevant for the purposes of monitoring Dr. Leung’s compliance with this Order; and
(vi) Dr. Leung shall consent to the College providing the Order to any Chief(s) of Staff, or a colleague with similar responsibilities, at any Practice Location where he practices or has privileges (“Chief(s) of Staff”), and to provide said Chief(s) of Staff with any information the College has that led to this Order and/or any information arising from the monitoring of his compliance with this Order.
- Dr. Leung appear before the panel to be reprimanded.
- Dr. Leung pay costs to the College in the amount of $5,500.00 within thirty (30) days of the date of this Order.
 
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): Hearing Dates: December 11, 2017

Other Notifications (1)

Source: Inquiries, Complaints and Reports Committee
Effective Date: 20 Sep 2017
Summary:
Effective February 24, 2020, Dr. Leung has completed all elements of this SCERP.

Specified Continuing Education and Remediation Program:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College By-laws to be posted on the register, along with a note if the decision has been appealed. A SCERP is one of the dispositions that the College’s Inquiries, Complaints and Reports Committee may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a SCERP:

Download Full Document (PDF)

Training

Medical School: University of Toronto, 1992

Registration History

DETAILS DATE
Terms and conditions amended by Discipline Committee. Effective: 25 Feb 2020
Suspension of registration removed. Effective: 18 Feb 2018
Suspension of registration imposed: Discipline Committee Effective: 18 Dec 2017
Terms and conditions amended by Discipline Committee. Effective: 11 Dec 2017
Transfer of class of registration to: Restricted Certificate Effective: 10 Feb 2017
Arrow_iconTerms and conditions imposed on certificate by: Inquiries, Complaints and Reports Committee Effective: 10 Feb 2017
Transfer of class of registration to: Independent Practice Certificate Effective: 18 Jun 1993
First certificate of registration issued: Postgraduate Education Certificate Effective: 15 Jun 1992
DETAILS: Terms and conditions amended by Discipline Committee.
Date: Effective: 25 Feb 2020
DETAILS: Suspension of registration removed.
Date: Effective: 18 Feb 2018
DETAILS: Suspension of registration imposed: Discipline Committee
Date: Effective: 18 Dec 2017
DETAILS: Terms and conditions amended by Discipline Committee.
Date: Effective: 11 Dec 2017
DETAILS: Transfer of class of registration to: Restricted Certificate
Date: Effective: 10 Feb 2017
DETAILS: Terms and conditions imposed on certificate by: Inquiries, Complaints and Reports Committee
Date: Effective: 10 Feb 2017
DETAILS: Transfer of class of registration to: Independent Practice Certificate
Date: Effective: 18 Jun 1993
DETAILS: First certificate of registration issued: Postgraduate Education Certificate
Date: Effective: 15 Jun 1992