Full Decision Download
This matter came before a panel of the Discipline Committee of the College of Optometrists of Ontario this 3rd day December, 2019, in Toronto, Ontario, at 10 am at 65 St. Clair Ave. E.
- THE DISCIPLINE COMMITTEE FINDS Dr. Chandail guilty of professional misconduct under paragraphs 11, 14, 24, and 39 of section 1 of Ontario Regulation 119/94 made under the Optometry Act, 1991, S.O. 1991, c. 35.
- THE DISCIPLINE COMMITTEE ORDERS
- Dr. Chandail is required to appear before the Discipline Committee to receive a reprimand.
- Dr. Chandail pay the College’s partial costs in the amount of $10,000 payable to the College of Optometrists of Ontario within six months of the date of this Order.
- the Registrar be directed to suspend Dr. Chandail’s certificate of registration for a period of four (4) weeks commencing on December 16, 2019.
- the Registrar be directed to impose the condition on Dr. Chandail’s certificate of registration that he complete twelve (12) hours of practice coaching within three (3) months of the date of this Order as follows:
- The coaching shall be at Dr. Chandail’s own expense;
- The practice coach and the coaching plan shall be approved by the Registrar;
- The coaching will focus on the issues that arose in the allegations including making and maintaining patient records, financial records and appointment books; conducting ocular-visual assessments; how to test for and identify the condition ultimately diagnosed in patient S. C’s and when to refer such patient to an ophthalmologist;
- The coaching will take place primarily at the coach’s office; however, the coach will also attend at Dr. Chandail’s office to assist in developing the coaching plan and may attend again during the coaching period at his or her discretion;
- At the conclusion of the coaching period the practice coach will send a report to the Registrar indicating whether or not, in the opinion of the coach, Dr. Chandail understands the issues covered by the coaching and whether he has implemented improvements to his practice, as recommended by the coach;
- In the event of a report from the practice coach that is not acceptable to the Registrar, Dr. Chandail can repeat the practice coaching period once more under the same conditions as above. This is to be completed within twelve (12) months of the date of the Order of the Discipline Committee; and
- If Dr. Chandail fails to successfully complete the practice coaching, the matter will be referred to the Inquiries, Complaints and Reports Committee.
- the Registrar be directed to impose the condition on Dr. Chandail’s certificate of registration that he submit a 1000 word essay to the Registrar, which is in his own words as follows:
- The essay shall reflect:
(i)The appropriate documenting and maintaining of patient records with an emphasis on documenting patients’ health and oculo-visual history;
(ii) The fact that patient records must not be altered after the date that they are made unless a note is made indicating the date and reason for the alteration;
(iii) The required steps involved in completing an appropriate oculo-visual assessment;
(iv) How to test for and identify the condition ultimately diagnosed in patient S. C. and when to refer such patient to an ophthalmologist; and
(v) Dr. Chandail’s reflections on how the eye examinations provided to the patients at issue in his discipline hearing should have been handled differently;
- The essay shall be completed within one month of the successful completion of his practice coaching; and
- The Registrar shall determine whether or not the essay is acceptable; if it is not, Dr. Chandail will be required to correct it to the Registrar’s satisfaction.
- The essay shall reflect:
- the Registrar be directed to impose the condition on Dr. Chandail’s certificate of registration that he shall undergo a practice inspection within twelve (12) months of the date of the Order of the Discipline Committee. The details of which are as follows:
(a) The Registrar shall assign an assessor to conduct an inspection of twenty-five (25) patient records for patients under the age of twenty-two, seen after the suspension has been served and the essay completed;
(b) The assessor shall review the records in the areas that are relevant to the allegations only and report the results of the inspection to the Registrar;
(c) In the event that any deficiencies are noted in the report of the inspection, the Registrar shall make a report to the Inquires, Complaints and Reports Committee;
(d) Dr. Chandail shall be given five (5) business days’ notice prior to the College representative attending his practice to obtain the records; and
(e) The practice inspection shall be conducted at Dr. Chandail’s expense, to a maximum of $1,500.
At the conclusion of the hearing, Dr. Chandail waived his right to appeal and the Discipline Committee delivered the reprimand.