IN THE MATTER OF. The Health Professions Act RSBC 1996 c. 183 AND

Transcription

1 N THE MATTER OF The Heath Professons Act RSBC 1996 c. 183 AND N THE MATTER OF THE COLLEGE OF DENTAL SURGEONS OF BRTSH COLUMBA AND DR. DAVEPAL S. DHLLON CONSENT ORDER AND REASONS Under s of the Heaffh Professons Act A Pane of the nqury Commttee (the "nqury Commtttee" of the Coege of Denta Surgeons of BC (the "Coege" receved a Consent Order Proposa (the 'Proposa' from ts regstrant, Dr. Davepa S. Dhon (the 'Respondent", on 28 August 2017, t s attached. The nqury Commttee has consdered the serousness of the mnduct companed of, the admssons made by the Respondent, and the proposed peraty and has resoved to accept the. Proposa. The nquy Commttee accordngy orders that: 1.1 Dr. Dh!on s reprmanded; 1.2 Dr. Dhon s suspended from practce for a perod of 30 days, to be served as three 10 day perods. The suspenson must be competed by 31 December The three perods of 10 days each w be set by the Coege after consutng wth Dr. Dhon; 1.3 Dr. Dhon s fned $ payabe no ater than 30 November 201 7; 1.4 Dr.Dhonsorderedtopay$' aspartandemnfcatonoftheCoege's costs no ater than 30 November 2 1 7; 1.5 Dr. Dhon s ordered to attend, at hs own expense, and acheve an uncondtona pass n the Professona Probem based Ethcs course (ProBE provded by the Centre for Personazed Educaton of Physcans (CPEP by 30 May 201 8; The Consent Dr-.G? U approved by the foowng Pane of the nqury Commttee: Date.w=',, C'?

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4 Rcshcybr page 2 : N THE MATTER OF S The Heath Professons Act, R8BC 1996 c. 183 Between: And: THE COLLEGE OF DENTAL SuRGEON8 of BRT8H COLUMBA DR. DAVEPAL SNGH DHLLON.. 1 CON8ENT ORDER PROPOSA TO NQURY COMMTTEE PuRSUANT TO SECTON 37.' Of- THE HEALTH PROFESSONS ACT 4 # q P v

5 page 3?V v a 2 1.O AUTHORTYandACKNOWLECx-EMENT8.1 v 1.1 Aspermttedundersedon37.1(1oftheHea/fhProress/orsAcf(the 'HPA", Dr, Davepa Sngh Dhon hereby provdes ths consen order proposa to the nquy Comrnttee (the "Cornmtee" of he Coege of Denta Surgeons of BrUsh Coumba (the 'Coege". 1.2 Ths proposa has been arrved at jonty by Dr. Dhon and counse to the Coege. 1.3 Dr. Dhon and the Cok.ge ackrowedge that acceptance of ths proposa w resut n the Commttee makng an order consstent wth the proposa, whch woud be consdered an order of the Dscpne Commttee for a purposes. 1.4 Dr. Dhon and the Cok.ge acknowedge that rejecton of ths proposa (subject to any further proposa woud resut n the hearng of ths matter proceedng, and that the Dscpne Commttee n that hearng must not consder any admsson or consent provded heren. The Ctaton tr ths matter (the 'Ctaton' s attached as Appendx "A". u 2.O BACKGROUND and SUMNARY OF 4GRE:ED FACT8 Th0 rorrmr Raamran 2.1 Dr. Dhon s years od and was re(;stered wth the Coege to practse dentstry.as of 1 March 20Q6. m

6 page At a mes reevant to the events descrbed n the Admssons beow, Dr. Dhon was a genera dentst practsng n Vctora, BC- } Tte Compart & ovest? Surnmorv 'a, 2.3 0n 28 June 2015 Dr. Dhon entered nto a Memorandum of Undertakng ('MAU" wth the Coege as a resouton of a compant that had been made aganst hm by one of hs patents. One of the cornrntments made by Dr. Dhon n the MALJ was hs agreement that he woud: "(g undertake to enro n and affend a cnca Prosthodontc Study Cub, approved by the Coege, as soon as possfbe;" s 2.4 Dr. Dhon dd not enro n a cnca prosthodontc study cub and dd not respond to the Coege's nqures n that regard. Accordngy, the Coege referred the matter to the pommtee n February 2017 for drecton n 28 March 2Qaf 7the Commttee drected that a ctaton be ssued under #. Secton 37 of the HPA and the matter be referred to the Dscpne Commttee. Dr. Dhon wart notfed of ths decson by etter dated 29 March The(jtatorwasssuedon5June2017andwasdeveredeectronk:ay and by regstered ma to Dr. Dhon. The Cttaton s set for hearng on 30 and 3a August O ADMSSONS 3.1 Dr.DhonadmtstoaofheaegatonsntheCtaton. '! t r

7 page s ' Dr. Dhon acknomedges hat these akgatons rase serous ssues of,@ 7 professona msconduct. 4.O CONSENT to ORDER and NDEMNTY 1, 4.1 r ght of the agreed facts and admssons above, Dr. Dhon hereby proposes resouton of the Ctaton on the foowng terms: Dr.Dhonconsentstoareprmand; + t 4?1.2 Dr. Dhon consents to a suspenson of hs rght to practse & dertstry for a tota perod of 30 days to be competed at ntervas oftendaysegments. a31 /2('? '?, Dr. Dhon agrees to pay a fne of $5000 wthn 90 days of the date of approva of hs proposa; 11 4.'.4 Dr. Dhon agrees to partay ndemnfy the Coege for ts costs of the nvestgaton n an amoun fxed at $1000, payabte wthn 90 days of the date of approva of ths proposa; y0? Dr. Dhon undertakes to prompty compte, at hs own expense, and acheve an uncondtona pass n ProBE (Professona Probem based Ethw whn 9 months of the date of approva of ths proposa;. 6.O ACKNOWLEDGEMENT and AGREEMENT W ;. ':

8 v page 6 s q 4 w 5.1 Dr. Dhton confrms that he has been advsed and encouraged by the Coege to seek k=ga advce and representaton throughout the Coege's nvestgaton. dscpnary and consent order processes. He confrms that he has had the opportunty to obtan ega advk,e and has ether done so or has eected not o do so pror to executng ths agreement and agreeng to a of the facts, admssons, consents, rdernntes ard other terms and condtons heren. A 5.2 Dr. [hon confrms hs understandng and agreemem wth respect to the s mandatory pubc notce requremen s set out n Sedon 39.3 of the HPA, ncudng hs understandng that hs name, the na ure of the acton taken and the reason for the acton taken w be ncuded n ths pubc no k:e. 5.3 Dr. Dhon acknowedges that the faure to satsfy any one or more of the # consents, agreements, condtons, and/or undertakngs heren may consttute unprofessona conduct or professona m}sconduct and may trgger an nvestgaton and dscpne proceedngs n accordanoe wth the provsons of the HPA. The Coege and Dr. Dhon agree that ths proposa may be executed n counterpart and devered by facsme or as an eectronc document. Respeduy submtted to the Commttee by: k Dr, Davepa Sngh Dhon r '!, o=- 4t}2a7 Sgnature wtnessed on above date by: v u-

9 page 7, t 6 ' # P Wtness prnted name a?gnature Counse for the Coege Date.. a ' ak t $. a?t m :- & a

10 f! ('?A j X ' N THE MATTER OF The Heath Professons Act RSBC 1996 c. 183 Between: THE COLLEGE OF DENTAL SURGEONS OF BRTSH COLUMBA And: DR. DAVEPAL DHLLON CTATON TO: The Respondent Dr. Davepa Dhon Uptown Bvd. Vctora, BC, V8Z OB9 (the?respondent" TAKE NOTCE that a Pane of the Dscpne Commttee (the?pane" of the Coege of Denta Surgeons of Brtsh Coumba (the?coege" w conduct a hearng under s.38 of the Heath Professons Act RSBC 1996 c. 183 (the?act", The purpose of the hearng s to nqure nto your conduct and competence as a dentst. The Coege s conductng ths nqury to determne whether you: a have not comped wth the Act, a reguaton or a byaw, b have not comped wth a standard, mt or condton mposed under the Act, c have commtted professona msconduct or unprofessona conduct, d have ncompetenty practsed dentstry, or e suffer from a physca or menta ament, an emotona dsturbance or an addcton to acoho or drugs that mpars your abty to practse dentstry.

11 -2- The hearng w be hed from August 30, 2017 to August 31, 2017, at The Sutton Pace Hote, 845 Burrard Street, Vancouver, BC. The hearng w commence each day at 9:30 a.m. You are entted to attend the hearng and may be represented by ega counse. f you do not attend the hearng, the Pane s entted to proceed wth the hearng n your absence and, wthout further notce to you, the Pane may take any actons that t s authorzed to take under the Act. Further partcuars of the aegatons aganst you are: 1, You faed to compy wth a Memorandum of Agreement and Understandng wth Mentorshp Agreement attached (?MAU" sgned by you on 25 June 2015, n that you faed to enro n and attend a cnca prosthodontc study cub as soon as possbe or at a. 2. You faed to compy wth the MAU n that you faed to respond to requests and nqures from the Coege n a substantve and tmey manner, or at a ncudng : ( you faed to respond by December 10, 2016, as requested n correspondence dated November 23, 2016, to provde the detas of the study cub you were requred to attend; ( you faed to respond by December 21, 2016, as requested n an ema dated December 14, 2016, to confrm whether you had enroed n the Tucker Study Cub; and/or ( you faed to respond by March 14, 2017, as requested n correspondence and an ema dated March 9, 2017, to confrm whether you woud attend a meetng of a pane of the nqury Commttee.

12 -3-3, n or about Juy 2015 through March 2017, you faed to respond to Coege nqures and requests for nformaton n a substantve and tmey manner, or at a. 4. You faed to compy wth the MAU n that you dd not nform the Coege that you had not met the requrements of the MAU or advse the Coege when the requrements woud be met, ncudng: ( Fang to advse the Coege, n wrtng, prompty, that you had not enroed n or attended a prosthodontc study cub; ( Fang to advse the Coege, n wrtng, prompty, when the requrement of enrong n or attendng a prosthodontc study cub woud be met and how t woud be met; ( Fang to pay, prompty, for the mentorng servces provded by your mentor; and/or (v Fang to advse the Coege, n wrtng, prompty, when the requrement for payng for the mentorng seryces provded by your mentor woud be met and how t woud be met. FURTHER TAKE NOTCE that after competon of the hearng under s. 38 of the Act the Pane, under s. 39(1 of the Act, may dsmss the matter or determne that YOL: a have not comped wth the Act, a reguaton or a byaw, b have not comped wth a standard, mt or condton mposed under the Act, c have commtted professona msconduct or unprofessona conduct, d have ncompetenty practsed dentstry, and/or

13 -4- e suffer from a physca or menta ament, an emotona dsturbance or an addcton to acoho or drugs that mpars your abty to practse dentstry. AND FURTHER TAKE NOTCE that f a determnaton s made under subsecton 39(1, the Pane may, by order, do one or more of the foowng: a reprmand you, b mpose mts or condtons on your practce, c suspend you, d mpose mts or condtons on the management of your practce durng the suspenson, e cance your regstraton, f fne you. Ths Ctaton s ssued at the drecton of the nqury Commttee of the Coege under secton 37 of the Act. Encosed wth ths Ctaton are sectons 33 to 39 of Part of the Act and Part 10 of the Byaws. THE COLLEGE,OF DENTAL SURGEONS OF BRTSH COLUMBA: Jero j,,.?' -?? rr& a ar Ju/!e 2017