Dr. Jon Barnes – March 2021

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.