On April 11, 2007, Dr. Yar filed a Notice of Appeal of the decision of the Discipline Committee to the Divisional Court.
In the circumstances, the decision of the Discipline Committee remains in effect despite the appeal. On January 13, 2009 the Divisional Court dismissed the appeal.
On March 17, 2006, the Discpline Committee found Dr. Fatemah Yar to have committed acts of professional misconduct by failing to maintain the standard of practice of the profession in her contemplated use of thrombolytics in two cardiac patients.
On March 13, 2007, the Discipline Committee of the College of Physicians and Surgeons of Ontario ordered the following:
1. The Discipline Committee directs the Registrar to impose a term, condition and limitation on the certificate of registration of Dr. Fatemah Roya Yar that she shall not administer or order the administration of a thrombolytic to a patient, unless she obtains the prior approval of a physician who has been approved by the College. This approval requirement will remain in place for a minimum of twelve (12) months, or if after twelve months Dr. Yar has not handled three cases where thrombolytics were properly administered, until she has handled three such cases.
2. The Discipline Committee directs the Registrar to impose a term, condition and limitation on the certificate of registration of Dr. Fatemah Roya Yar that Dr. Yar be required to undergo a chart review of cases involving thrombolytics that she handles during the time paragraph 2 is in effect, with the supervisor who is responsible for approving her use of thrombolytics every three months. In the chart review, the supervisor will review the charts, discuss the cases with Dr. Yar, and discuss her knowledge with respect to thrombolytics. The supervisor is required to submit reports to the College quarterly.
3. The Discipline Committee directs the Registrar to impose a term, condition and limitation on the certificate of registration of Dr. Fatemah Roya Yar that Dr. Yar is required to engage in a course of self-study of the American College of Cardiology/American Heart Association Guidelines for Management of Patients with ST-Elevation Myocardial Infarction (2004), and the American College of Cardiology/American Heart Association 2002 Guideline Update for the Management of Patients with Unstable Angina and Non-ST-Segment Elevation Myocardial Infarction, prepare a report on those guidelines with respect to the use of thrombolytics, and engage in a follow-up discussion of the guidelines with the supervisor referred to in paragraph 2. The supervisor shall report to the College that the course of self-study has been satisfactorily completed. This educational program shall be completed within six months of the date the penalty is imposed.
4. The Discipline Committee Orders Dr. Yar to pay to the College costs in the amount of $9,765.00 within 6 months of the date of the Order.
5. The Discipline Committee directs the results of this proceeding to be included in the register.