On May 19, 2021, the Discipline Committee of the College heard, by videoconference, an allegation of Dr. Khan’s professional misconduct. Dr. Khan had “co-signed” prescriptions which were being filled at pharmacies in British Columbia. Dr. Khan had no relationship with the patients for whom the prescriptions were written. Dr. Khan had also provided signed blank prescriptions to an acquaintance. An assessor retained by the College to review this matter concluded that Dr. Khan failed to meet the standard of practice of the profession in his prescribing practices by signing prescriptions provided by the pharmacies in British Columbia and also had failed to meet the standard of practice of the profession in providing his patient with signed blank letterhead. The assessor opined that Dr. Khan had exposed patients to potential harm or injury.
The hearing proceeded in the presence of Dr. Khan and his counsel, and counsel for the College. On the basis of an Agreed Statement of Facts and Admission, the Committee found that Dr. Khan committed an act of professional misconduct under:
- paragraph 1(1)2 of Ontario Regulation 856/93 made under the Medicine Act, 1991, in that he failed to maintain the standard of practice of the profession in his care of patients; and
- paragraph 1(1)33 of Ontario Regulation 856/93 made under the Medicine Act, 1991, in that 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.
The College withdrew the remaining allegation against Dr. Khan.
Disposition
On considering the Agreed Statement of Facts on Penalty and joint submission on penalty, the Discipline Committee ordered and directed that:
• Dr. Khan attend before the Committee to be reprimanded
• The Registrar suspend Dr. Khan’s certificate of registration for three months, commencing from June 1, 2021 at 12:01 am
• The Registrar place terms, conditions and limitations on Dr. Khan’s certificate of registration, as set out in the order
• Dr. Khan pay costs to the College in the amount of $6,000.
The Committee’s reasons for decision were released to the parties on June 25, 2021, College of Physicians and Surgeons of Ontario v. Khan, 2021 ONSCPD 32, and are available below.
Terms and conditions imposed on certificate by: Discipline Committee
