This matter came before a Panel of the Discipline Committee of the College of Optometrists of Ontario on April 2, 2024 via videoconference.

THE DISCIPLINE COMMITTEE FOUND THAT: 

Dr. Zhang committed an act or acts of professional misconduct as provided by paragraph 51(1)(c) of the Health Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991 c.18, and defined in the following paragraphs of Ontario Regulation 119/94 made under the Optometry Act, 1991, S.O. 1991 c. 35:
a. paragraph 1.24 failed to make or maintain the records required by Part IV of the Regulation;
b. paragraph 1.31 charged or received more than the amount payable under the Ontario Health Insurance Plan for performing an insured service to an insured person; and
c. paragraph 1.39 engaged in conduct or performed an act that, having regard to all the circumstances, would reasonably be regarded by members as unprofessional.

THE DISCIPLINE COMMITTEE ORDERED:

1. That Dr. Zhang be required to appear before the Panel to be reprimanded at the conclusion of the discipline hearing.

2. That the Registrar be directed to impose a condition on Dr. Zhang's certificate of registration that he complete a practice coaching program with a practice coach in the area of OHIP billing and record keeping by December 31, 2024, as follows:

a. he shall complete a total of ten (10) hours of practice coaching;

b. the practice coach shall be approved by the Registrar;

c. the practice coach shall meet with Dr. Zhang and/or attend at Dr. Zhang’s practice to review Dr. Zhang’s OHIP billing and record keeping;

d. the practice coach will determine what if any additional reading and review of materials Dr. Zhang will be required to undertake in preparation for the practice coaching/review sessions;

e. the practice coach shall provide a report to the College confirming the completion of the coaching and identifying any areas of concern if any; and

f. the practice coaching shall be at Dr. Zhang's expense.

3. That the Registrar be directed to impose a condition on Dr. Zhang's certificate of registration that following the completion of the practice coaching and on or before March 31, 2025, that he successfully undergo an inspection of his OHIP billing and record keeping as follows:

a. the inspection shall be conducted by an inspector approved by the College;

b. the inspector shall review Dr. Zhang’s OHIP billing and record keeping;

c. the inspector shall provide a report to the College and identifying any areas of concern if any; and

d. the inspection shall be at Dr. Zhang’s expense.

At the conclusion of the hearing, the Discipline Committee delivered the reprimand.

This matter came before a Panel of the Discipline Committee of the College of Optometrists of Ontario on March 28, 29, and 31, 2022 via videoconference.

THE DISCIPLINE COMMITTEE FOUND that:
1.Dr. Miller committed an act or acts of professional misconduct as provided by paragraph 51(1)(b.1) of the Health Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18, as amended, in that, he sexually abused his patient.

2. Dr. Miller committed an act or acts of professional misconduct as provided by paragraph 51(1)(c) of the Health Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, C.18, and defined in the following paragraphs of Ontario Regulation 119/94:
a. paragraph 1.1 contravening a term, condition or limitation to which his certificate of registration is subject;
b. paragraph 1.14 in that he failed to maintain the standards of practice of the profession; and
c. paragraph 1.39 in that he engaged in conduct or performed an act that, having regard to all the circumstances, would reasonably be regarded by   members as disgraceful, dishonourable, unprofessional or unethical.

THE DISCIPLINE COMMITTEE ORDERED:

1. That Dr. Miller appear before the Panel to be reprimanded on a date to be set by the Registrar of the College;

2. That the Registrar of the College be directed to revoke Dr. Miller's certificate of registration with the College immediately;

3. That Dr. Miller reimburse the College for funding provided for Patient A under the program required under section 85.7 of the Health Professions Procedural Code (the “Code”);

4. That Dr. Miller provide to the College a certified cheque in the amount of $17,370 by April 11, 2022, representing security to guarantee the payment of any amounts he may be required to reimburse the College for funding under the programs required under section 85.7 of the Code in relation to Patient A. Any funds that have not been used for the purposes of the program required by section 85.7 of the Code shall be returned to him by the College, without interest, at the expiration of the 5-year time frame within which funding may be provided; and,

5. That Dr. Miller shall partially reimburse the College for its costs in relation to this proceeding in the amount of $34,520 to be paid in full by April 11, 2022.

This matter came before a Panel of the Discipline Committee of the College of Optometrists of Ontario this 29^th day of March 2021 at 9:30 a.m. by videoconference.

THE DISCIPLINE COMMITTEE FOUND that Dr. Barnes committed acts of professional misconduct, as provided by subsection 51(1) (c) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991 C.18, and defined in the following paragraphs of Ontario Regulation 119/94:

1. paragraph 1.24 in that he failed to make and maintain records in accordance with   Part IV of Ontario Regulation 119/94;
2. paragraph 1.26 in that he signed or issued, in his professional capacity, a certificate, report or similar document that contains a statement he knew or ought to have known is false, misleading or otherwise improper, or omitted statements or information that he knew or ought to have known should be included.
3. paragraph 1.28 in that he submitted or allowed to be submitted an account for professional services that he knew or ought to know is false or misleading; and
4. paragraph 1.39 in that he engaged in conduct or performed an act that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, unprofessional or unethical.

THE DISCIPLINE COMMITTEE ORDERED:

1. That Dr. Barnes be required to appear before the Panel to be reprimanded at the conclusion of the discipline hearing on March 29, 2021;
2. That the College Registrar be directed to suspend Dr. Barnes’ certificate of registration for a period of four (4) months to be served continuously and without interruption, commencing on May 31, 2021;
3. That the Registrar be directed to impose the following condition on Dr. Barnes’ certificate of registration:
   1. that he complete a practice coaching program with a practice coach in the area of OHIP billing and record keeping, by March 29, 2022, as follows:
   • 1. he shall complete a total of six (6) practice coaching sessions of four (4) hours each, once a month for a period of six (6) months;
     2. the practice coach shall be approved by the Registrar;
     3. the practice coach shall attend Dr. Barnes’ practice to review Dr. Barnes’ record keeping and OHIP billing. Alternatively, the coaching sessions may be held virtually at the sole discretion of the practice coach should it be warranted by the public health situation;
     4. the practice coach will determine what if any additional reading and review of materials Dr. Barnes will be required to undertake in preparation for the practice coaching/review sessions; and
     5. the practice coaching shall be at Dr. Barnes’ expense.
4. That the Registrar be directed to impose the following condition on Dr. Barnes’ certificate of registration:
   1.  that he be required, at his own expense, to successfully complete and provide proof to the Registrar that he has done so, the Medical Record Keeping course (https://www.cpd.utoronto.ca/recordkeeping/), a one-day online interactive workshop available at the Temerty Faculty of Medicine, University of Toronto, by no later than March 29, 2022, and
5. That Dr. Barnes pay the College’s partial costs in relation to this proceeding in the amount of $20,000 payable to the College of Optometrists of Ontario in four (4) installments of $5,000 by way of postdated cheques dated as follows:
   1. March 29, 2021;
   2. November 31, 2021;
   3. January 31, 2022; and
   4. March 29, 2022.

In addition, Dr. Barnes provided an oral undertaking to the College, on the record during the discipline hearing, to make restitution to OHIP in the amount of $4,905.70 and provide proof that he has done so to the Registrar by June 29, 2021.

At the conclusion of the hearing, Dr. Barnes waived his right to appeal and the Discipline Committee delivered the reprimand.

This matter came before a panel of the Discipline Committee of the College of Optometrists of Ontario this 10^th day January 2020, in Toronto, Ontario, at 9:30 am at 65 St. Clair Ave. E.

THE DISCIPLINE COMMITTEE FINDS that Dr. Zoberi is guilty of professional misconduct contrary to paragraphs 14, 16, 24, and 39 of section 1 of Regulation 119/94 to the Optometry Act, 1991.

THE DISCIPLINE COMMITTEE ORDERS Dr. Zoberi shall attend in person before the Panel of the Discipline Committee to receive a public, verbal reprimand, a copy of which shall be published on the College Register;

THE DISCIPLINE COMMITTEE DIRECTS that the Registrar shall place the following terms, conditions and limitations on Dr. Zoberi’s certificate of registration:

• Zoberi’s certificate of registration shall be suspended for a period of sixty (60) days uninterrupted, commencing on January 20, 2020;
• (Zoberi shall, at his own expense, successfully complete with an unconditional pass the PROBE Program on professional/problem-based ethics offered in Ontario and the ProBe Plus follow-up module, within two (2) years of the date of this Order;
• ( Zoberi shall submit, during or in relation to any period of suspension that may arise in the five-year period following the date of this Order, to such investigative measures as the Registrar deems necessary and appropriate to confirm that he is not practicing while under suspension, including but not limited to inquiries, chart reviews, interviews, attendances and investigative techniques.

THE DISCIPLINE COMMITTEE ORDERS Dr. Zoberi to pay costs to the College in the amount of $10,000. Payment shall be made in the following manner on January 10, 2020:

• one (1) cheque dated January 10, 2020 in the amount of $2,000; and
• four (4) post-dated cheques, provided to the College on January 10, 2020, each in the amount of $2,000 and dated February 10, 2020, March 10, 2020, April 10, 2020 and May 10, 2020.

At the conclusion of the hearing, Dr. Zoberi waived his right to appeal and the Discipline Committee delivered the reprimand.