On December 2, 2013, the Discipline Committee found that Dr. Alvin Wah Wing Lau, a family physician, committed an act of professional misconduct, in that he engaged in conduct or 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.
On August 21, 2007, the Discipline Committee found that Dr. Lau had committed an act of professional misconduct and failed to maintain the standard of practice of the profession in that he failed to conduct a physical examination of four obstetrical patients and did not take a history of three of those patients, but noted on the patient record that he had done so.
On August 21, 2007, the Discipline Committee ordered that:
3. Dr. Lau appear before the panel to be reprimanded.
4. The Registrar suspend Dr. Lau’s certificate of registration for a period of twelve (12) months. The suspension shall commence at 12:01 am on September 1, 2007.
5. Four (4) months of the suspension referred to in paragraph 2 shall be suspended provided Dr. Lau meets the following conditions:
(a) Dr. Lau will successfully complete, at his own expense, a Medical Ethics Course organized through the College’s Quality Management Division;
(b) Dr. Lau will successfully complete, at his own expense, the Physician-Patient Communication Skills Course offered by the College or, in the alternative, a comparable course organized through the College; and
(c) Dr. Lau will continue to abide by the following terms, conditions and limitations, which are set out in the s. 37 Order dated August 8, 2006:
i. Dr. Lau, at his own expense, shall cause a monitor to be present during his appointments with all patients at his office practice and walk-in clinic;
ii. That monitor shall be a member of a health profession pursuant to the terms of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18 as amended, who is acceptable to the College of Physicians and Surgeons (the “College”);
iii. That monitor shall review each of Dr. Lau’s chart entries to ensure that they accurately represent the appointment proceedings and will countersign the entry with Dr. Lau;
iv. At all times, Dr. Lau shall ensure that the monitor keeps a log of each patient seen. The log shall contain the name of the patient and the date of the encounter;
v. Dr. Lau shall ensure that the monitor provides to the College a copy of the log during the previous month, by facsimile on the 1st of each and every month;
vi. Dr. Lau, at his own expense, shall cause a member of the College of Physicians and Surgeons, who is acceptable to the College, to review his patient charts on a daily basis (the “Chart Review”);
vii. The physician conducting the Chart Review shall provide to the College a monthly update on Dr. Lau’s charts and the appropriateness of the care provided to Dr. Lau’s patients by Dr. Lau as indicated in the charts;
viii. Dr. Lau shall co-operate with the monitor and the physician conducting the Chart Review and not interfere with their abilities to perform their respective functions, including allowing them free access to his charts;
ix. Both the monitor and physician conducting the Chart Review shall report to the Registrar of the College immediately any and all irregularities they may encounter;
x. Dr. Lau shall provide a signed consent allowing the College to have access to his OHIP billings; and,
xi. Dr. Lau shall co-operate with, unannounced inspections of his office(s) and practices(s) and patient charts by a College representative for the purposes of monitoring and enforcing his compliance with the terms of this Order.
6. The Registrar impose the terms, conditions and limitations set out in paragraph 3(c) above on Dr. Lau’s certificate of registration. Dr. Lau may apply for the terms of this Order to be varied as of August 21, 2012. If Dr. Lau makes such an application, he will provide the results of a practice assessment arranged by and acceptable to the College to be completed at Dr. Lau’s expense. Dr. Lau may request such a practice assessment any time after February 21, 2012 and the College agrees to make reasonable efforts to arrange and complete the practice assessment within the six month period after Dr. Lau initiates the request.
7. Dr. Lau pay to the College costs in the amount of $2,500.00 within thirty (30) days of the
date of this Order.
8. The results of this proceeding be included in the register.
At the discipline hearing on December 2, 2013, Dr. Lau admitted that he failed to comply with the terms, conditions and limitations imposed by the Discipline Committee on his certificate of registration on August 21, 2007, in that he permitted the monitor to be absent from the room in response to specific patient requests. Dr. Lau admitted that such conduct was unprofesssional and thereby constituted an act or omission relevant to the practice of midince that, having regard to all of the circumstances would reasonably be regarded by members as disgraceful, dishonourable or unprofessional by members of the profession. The parties agreed that the conduct should be characterezed as unprofessional. Dr. Lau also admitted that he did not seek guidance or advice from the College regarding compliance with the 2007 Order of the Discipline Committee where a patient requested that the monitor not be present and he did not apply to vary the terms of the Order of the Discipline Committee to address situations where a patient requested that the monitor not be present.
The Discipline Committee accepted Dr. Lau’s admission and found that his conduct constituted professional misconduct.
On December 2, 2013, the Discipline Committee reserved its decision on penalty. On February 5, 2014, the Discipline Commitee ordered and directed that:
- Dr. Lau appear before the panel to be reprimanded
- Dr. Lau pay costs to the College in the amount of $4,460 within thirty (30) days from the date of this Order
On December 2, 2013, Dr. Lau made a motion to vary the Committee s Order of August 21, 2007. The Discipline Committee reserved its decision on the motion. On February 5, 2014, the Discipline Committee denied Dr. Lau’s motion to vary the Committee s Order of August 21, 2007.
On May 2, 2018, Dr. Lau made a further motion to vary the Committee’s Order of August 21, 2007. On May 2, 2018, the Discipline Committee ordered and directed that the Order of the Discipline Committee dated August 21, 2007 be varied, removing the terms, conditions and limitations on Dr. Lau's Certificate of Registration set out at paragraph 5(c).
Terms and conditions imposed on certificate by: Executive Committee
