On September 8, 2001, the Discipline Committee found Dr. Vaidyanathan guilty of professional misconduct with respect to failing to maintain the standard of practice of the profession, falsifying a medical record, and engaged in disgraceful, dishonourable or unprofessional conduct.
The Committee also found Dr. Vaidyanathan to be incompetent.
On November 8, 2001 the Discipline Committee ordered the following penalty:
1. Dr. Vaidyanathan appear before the Discipline Committee to be reprimanded and that the fact of the reprimand be recorded on the Register.
2. The Registrar suspends Dr. Vaidyanathan s Certificate of Registration for a period of 24 months, beginning on the date that Dr. Vaidyanathan voluntarily agreed to completely withdraw from practice, that being August 10, 2001.
3. Eighteen months of the 24-month suspension will be suspended if, and only if, Dr. Vaidyanathan agrees, within 30 days of the release of this Decision, to comply with all of the terms and conditions set out below and to satisfy the terms and conditions on or before the 18-month period of suspension expires.
(a) Dr. Vaidyanathan is referred to the Quality Assurance Committee, which Committee will be provided with the Notice of Hearing, the Decision of the Discipline Committee, and the report of Dr. Roth. The Quality Assurance Committee will appoint a practice supervisor to monitor Dr. Vaidyanathan s office and hospital based practice, with emphasis on the practice areas enumerated in sub-paragraph 3(b) below. The supervisor will monitor Dr. Vaidyanathan s practice for a period of 6 months from the date of his return to practice or for any additional time as may be recommended by the Quality Assurance Committee. The supervisor will report his/her observations on Dr. Vaidyanathan s practice, including patient load, to the Quality Assurance Committee. The parameters, duration, and frequency of supervision and the supervisor s obligation to report to the Quality Assurance Committee will be determined by the Quality Assurance Committee.
Dr. Vaidyanathan shall abide by, and implement forthwith, any recommendations made by the Quality Assurance Committee. The Quality Assurance Committee may also, at its discretion, conduct an independent peer review at any time.
(b) The Quality Assurance Committee will assess Dr. Vaidyanathan s competence through a Specialty Assessment Program ( S.A.P. ). Such assessment should consider and address the concerns raised in Dr. Roth s report, and focus on a general Obstetrics/Gynecology practice, with emphasis on the diagnosis and care of the following: premature ruptured membranes; premature labor; fetal distress/in-utero death; pregnancy-induced hypertension; and emergency obstetrical care and management.
The S.A.P. is to be at Dr. Vaidyanathan s cost, and may occur anytime after May 10th, 2002, but must be completed on or before March 10th, 2003. Dr. Vaidyanathan shall abide by, and implement forthwith, any recommendations made by the S.A.P. or by the Quality Assurance Committee.
Dr. Vaidyanathan must also file proof of his successful completion of the S.A.P., and his successful implementation of its recommendations, if any, with the Registrar before July 10th, 2003.
(c) Dr. Vaidyanathan will return to work gradually (i.e. he is not to assume his pre hearing caseload). Dr. Vaidyanathan must restrict his hospital practice to the hospital where he holds an active staff appointment until the end of the suspended portion of this penalty. In the event that Dr. Vaidyanathan should move his active staff appointment to a different hospital, he must continue to restrict his hospital practice to one active staff appointment only during the suspended portion of the penalty. In the event Dr. Vaidyanathan does not hold an active staff appointment, he may obtain temporary privileges (locum tenens) provided he only works at no more than two hospitals at any given period of time through until the end of the suspended portion of the penalty.
Dr. Vaidyanathan will confirm his compliance with this restriction by providing the Quality Assurance Committee with written confirmation of such compliance upon his return to practice and every 4 months thereafter.
(d) Dr. Vaidyanathan will attend (at his cost, if any) and successfully complete courses acceptable to the Registrar, on Stress Management and Time Management . These courses must be completed, and Dr. Vaidyanathan must provide the Registrar with evidence of his successful completion of the courses on or before July 10, 2003.
Dr. Vaidyanathan will refer himself to a psychiatrist acceptable to the registrar within 30 days from the release of this Decision. Dr. Vaidyanathan must receive psychiatric treatment on a regular basis (at the discretion of the treating psychiatrist) for a period of at least six (6) months, or for such additional time as Dr. Vaidyanathan s psychiatrist deems necessary.
At his first appointment, Dr. Vaidyanathan shall provide the psychiatrist with a copy of the Amended Notice of Hearing, (Exhibit 1), the report of Dr. Roth (Exhibit 3), and a copy of the Discipline Committee s Decision and Reasons for Decision in this case. An undertaking from the psychiatrist, in the form attached hereto, shall be obtained and filed with the Registrar, acknowledging the psychiatrist s responsibilities.
The psychiatrist shall provide the College with a written report on Dr. Vaidyanathan s condition within six (6) months of the first appointment. The report should address whether further treatment is necessary. If treatment is continued, the psychiatrist will continue to report to the College at six (6) month intervals,.
4. Any costs relating to the implementation of this order, including costs of preparing reports, which are not covered by OHIP, shall be paid by Dr. Vaidyanathan within thirty days of Dr. Vaidyanathan s receipt of the relevant invoice.
5. In the event Dr. Vaidyanathan elects not to return to practice after the 6 month period of suspension, (i.e. if he elects not to comply with the terms and conditions in paragraph 3 above in order to suspend 18 months of the 24 month suspension) then Dr. Vaidyanathan shall immediately, and in no event later than Thursday, February 28, 2002, notify the Registrar of his decision, whereupon the Registrar shall, and is hereby directed to, impose the terms and conditions enumerated in paragraph 3 above as terms, conditions and limitations on Dr. Vaidyanathan s certificate of registration. Dr. Vaidyanathan shall comply with those terms, conditions and limitations upon his return to practice, and they shall remain on his certificate of registration until satisfied.
6. Dr. Vaidyanathan shall pay to the College costs in the amount of $12,500 within a period of eight (8) months following the day that Dr. Vaidyanathan returns to practice or within twelve (12) months from the day following the last day of the license suspension, whichever first occurs.
7. In the event that Dr. Vaidyanathan breaches or fails to fulfill any one of the foregoing conditions, his certificate of registration shall immediately be suspended until such time as the conditions are fulfilled.
Terms and conditions imposed on certificate by: Member
