This matter came before a panel of the Discipline Committee of the College of Optometrists of Ontario this 7th day February 2018, in Toronto, Ontario, at 9:30 a.m. at 65 St. Clair Ave. E.

1. THE DISCIPLINE COMMITTEE FOUND Dr. Verma guilty of professional misconduct for having committed acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code (the “Code”) being Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991 C.18, and defined in paragraph 1. 7 of Ontario Regulation 119/94 in that he engaged in the practice of optometry while in a conflict of interest contrary to subsection 3(1) of Ontario Regulation 119/94 as follows:

i. He engaged in the practise of the profession in a working arrangement contrary to paragraph 3(2)(g); and

ii. He shared fees related to the practice of the profession with another person other than another member or a member of the College of Physicians and Surgeons of Ontario as set out at paragraph 3(2)(h).

2. THE DISCIPLINE COMMITTEE FOUND Dr. Verma guilty of professional misconduct for having committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Code, and defined in paragraph 1.36 of Ontario Regulation 119/94 in that he contravened, by act or omission, the Optometry Act, 1991, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts for practising the profession through a corporation without having incorporated a professional corporation and obtaining a certificate of authorization as required by section 85.8 of the Code and Ontario Regulation 39/02.

3. THE DISCIPLINE COMMITTEE ORDERED that:

a. Dr. Verma shall be required to attend before the Discipline Committee of the College of Optometrists of Ontario (the “College”) to be reprimanded;

b. the following terms, conditions and limitations shall be imposed on Dr. Verma’s certificate of registration:

i. That he write an essay, within 60 days of the date of the Order of the Discipline Committee, the details of which are as follows:

a) It must set out the requirements for preventing a conflict of interest as set out in Ontario Regulation 119/94;

b) it must address the principles of conflict of interest, why a professional must control conflict of interest and in particular why it is important for optometrists to minimize conflict of interest or control that which cannot be eliminated;

c) It must contain self-reflection on the situation that resulted in the referral and the safeguards he intends to implement into his practice to minimize the possibility of reoccurrence;

d) It must be referenced and properly annotated and constitute Dr. Verma’s original work;

e) It must be at minimum 1,000 words in length; and

f) The Registrar shall determine whether or not the essay is acceptable; if it is not, Dr. Verma will be required to correct it to the Registrar’s satisfaction.

ii. That Dr. Verma provide to the Registrar copies of his Independent Contractor Agreements (“ICAs”) for every location where he practises optometry with anyone, other than another member engaged in the practice of optometry or physician who is engaged in the practice of medicine, for a period of three years following the date of the Order of the Discipline Committee. The ICAs must be in compliance with the conflict of interest provisions in Ontario Regulation 119/94.

c. The payment of the College’s costs in investigating and prosecuting this matter in the amount of $7,500 to be paid in two installments of $3,750 by way of post-dated cheques made payable to the College of Optometrists of Ontario dated March 7, 2018 and April 7, 2018. Dr. Verma shall provide the cheques to the Registrar at the Discipline Hearing.

At the conclusion of the hearing, Dr. Verma 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 9th day May 2017, in Toronto, Ontario, at 1:40 p.m. at 65 St. Clair Ave. E.

1. THE DISCIPLINE COMMITTEE FOUND Dr. Aabed guilty of professional misconduct for having committed acts of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991 C.18 in that he was found guilty of offences that are relevant to his suitability to practise optometry.

2. THE DISCIPLINE COMMITTEE FOUND Dr. Aabed guilty of professional misconduct for having 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 paragraph 1.39 of Ontario Regulation 119/94 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.

3. THE DISCIPLINE COMMITTEE ORDERED that Dr. Aabed appear before the panel to be reprimanded.

4. THE DISCIPLINE COMMITTEE ORDERED that the Registrar be directed to suspend Dr. Aabed’s certificate of registration for a period of two months to commence within 30 days of the date of the Order of the Discipline Committee.

5. THE DISCIPLINE COMMITTEE ORDERED that the Registrar be directed to impose the following specified terms, conditions and limitations on Dr. Aabed’s certificate of registration: that Dr. Aabed complete the ProBE Ethics and Boundaries Program at his own expense; and attain an “unconditional pass” prior to December 31, 2017.

6. THE DISCIPLINE COMMITTEE ORDERED that Dr. Aabed pay the College’s legal costs and expenses of $10,000 to be paid within 10 months of the date of the Order of the Discipline Committee as follows:

a. Dr. Aabed shall pay ten monthly installments of $1,000 with the first cheque to be dated the same day as the Order of the Discipline Committee and the remaining nine cheques dated monthly thereafter; and

b. Dr. Aabed shall provide the Registrar with post-dated cheques for the full amount at the hearing.

This matter came before a panel of the Discipline Committee of the College of Optometrists of Ontario on May 16 and 17, 2017 in Toronto, Ontario:

THE DISCIPLINE PANEL MADE THE FOLLOWING FINDINGS:

1. That Dr. Metzger committed an act or acts of professional misconduct in that, between approximately June 8, 2016 and July 13, 2016, he contravened a term, condition or limitation to which his certificate of registration was subject and, in particular, he practised optometry without the supervision of a mentor optometrist; and

2. That Dr. Metzger committed an act or acts of professional misconduct in that, between approximately July 13, 2016 and July 27, 2016, he contravened, by act or omission, the Optometry Act, 1991 the Regulated Health Professions Act, 1991 or the regulations under either of those Acts and, in particular he contravened section 76 of the Health Professions Procedural Code; and

3. That Dr. Metzger committed an act or acts of professional misconduct in that, between approximately June 8, 2016 and July 27, 2016, 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 and, in particular, he deliberately contravened terms, conditions or limitations on his certificate of registration and/or deliberately prevented or tried to prevent the College from investigating whether he had engaged in misconduct and the extent of that misconduct.

THE DISCIPLINE PANEL MADE THE FOLLOWING ORDER:

1. Directing the Registrar to revoke Dr. Metzger’s Certificate of Registration; and

2. Requiring Dr. Metzger to pay to the College costs in the amount of $40,000.00, payable in two instalments, the first payment of $20,000.00 payable within six (6) months of the date the Panel’s order becomes final, and the second payment of $20,000, payable within twelve (12) months of the date the Panel’s order becomes final.

THIS HEARING was held on April 24, 25, and 26, 2017 in Toronto, Ontario.

ON READING the Notice of Hearing, considering the evidence and hearing the submissions of counsel for the College of Optometrists of Ontario (the “College”):

A. THE DISCIPLINE PANEL FOUND

1. That Dr. A. John Metzger (the “Member”) is incompetent, as that term is defined in subsection 52(1) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, in that his professional care of Patient A, Patient B, and Patient C, displayed a lack of knowledge, skill or judgment of a nature or to an extent that demonstrates that he is unfit to continue to practise or that his practice should be restricted.

2. That the Member committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, and defined in paragraph 1.14 of Ontario Regulation 119/94, in that, between approximately 2012 and 2015, he failed to maintain the standards of practice of the profession in relation to his care and management of Patient A, Patient B, and Patient C.

3. That the Member committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, and defined in paragraph 1.11 of Ontario Regulation 119/94, in that, he failed to refer Patient A to another professional whose profession is regulated under the Regulated Health Professions Act, 2001, when he recognized or should have recognized a condition of the eye or vision system that appeared to require such a referral.

4. That the Member committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, and defined in paragraph 1.39 of Ontario Regulation 119/94 in that, between approximately 2012 and 2015, he engaged in conduct or performed an act that, having regard to all the circumstances, would reasonably be regarded by members as unprofessional regarding his care and management of Patient A, Patient B, Patient C, and Patient D.

B. THE DISCIPLINE PANEL MADE THE FOLLOWING ORDER:

1. Requiring the Member to appear before the Panel to be reprimanded within two (2) months of the date this Order becomes final.

2. Directing the Registrar to suspend the Member’s Certificate of Registration until such time as the Member completes the remedial activities set out in paragraph 3(a), below.

3. Directing the Registrar to impose the following terms, conditions and limitations on the Member’s Certificate of Registration:

a. The Member must complete, at the member’s expense, a minimum of 35 hours of direct (one-on-one) learning sessions (the “Sessions”) with a practice coach, who has been preapproved by the Registrar. The total number of hours for the Sessions shall be determined by the practice coach, who, at the completion of the Sessions, shall submit to the Registrar a written report confirming that the Member has gained sufficient knowledge and skill to diagnose and manage patients with glaucoma or suspicion of glaucoma and to maintain patient records in accordance with the standards of practice of the profession. The subject matter of the Sessions shall focus on:

i. maintenance of accurate patient records in accordance with the standards of practice of the profession;

ii. improving the Member’s knowledge, skill and judgement in the assessment, diagnosis and management of patients with glaucoma, or a suspicion of developing glaucoma, and the indications for and performance of techniques and clinical applications and analysis of results in:

o stereoscopic optic nerve assessment under high magnification (by fundus biomicroscopy with 90D or 78D lens or other similar type of lens),
o applanation tonometry,
o gonioscopy,
o pachymetry, and
o specific visual field testing.

b. Following successful completion of the Sessions referred to in 3(a), above, the Member shall only practice under the direct supervision of another member of the profession (the “Supervisor”), pre-approved by the Registrar, until such time as the Supervisor provides a written report to the Registrar confirming that the Member has successfully incorporated his practice and is exercising appropriate judgement in relation to the subject areas identified in 3(a), above. Any expenses or costs associated with the Supervisor shall be borne by the Member.

4. Directing the Member to partially reimburse the College for its costs in relation to this proceeding in the amount of $75,000 according to the following schedule:
a. one cheque in the amount of $25,000 delivered to the College within two (2) months of the date this Order becomes final;

b. one cheque in the amount of $25,000 delivered to the College within seven (7) months of the date this Order becomes final; and

c. one cheque in the amount of $25,000 delivered to the College within twelve (12) months of the date this Order becomes final

This matter came before a panel of the Discipline Committee of the College of Optometrists of Ontario on March 27, 2017 in Toronto, Ontario.

A. THE DISCIPLINE PANEL MADE THE FOLLOWING FINDINGS of professional misconduct in relation to the following allegations set out in Appendix “A” of the Notice of Hearing:

1. that Dr. Spear sexually abused the Patient on or about July 15, 2015 when he engaged in behaviour and made remarks of a sexual nature towards her as set out in the order of the Discipline Panel.

2. that Dr. Spear engaged in conduct or performed acts that, having regard to all the circumstances would reasonably be regarded by members as dishonourable and unprofessional as set out in the order of the Discipline Panel.

B. THE DISCIPLINE PANEL MADE AN ORDER:

1. Requiring the Member to appear before the Panel to be reprimanded at the conclusion of the hearing on March 27, 2017.

2. Directing the Registrar to suspend the Member’s certificate of registration for five (5) weeks, uninterrupted, commencing on May 1, 2017.

3. Directing the Registrar to impose the following terms, conditions and limitations on the Member’s certificate of registration:

a) that the Member successfully complete, at his own expense, with an unconditional pass, and within two (2) years of the date that this Order becomes final, both the ProBe Program on professional/problem-based ethics offered in Ontario and the ProBe Plus follow-up module; and

b) that the Member shall, within ninety (90) days of the date of this Order, provide proof, acceptable to the Registrar, that he has paid the sum of $16,060 to the law firm of his lawyer, Greenspan Humphrey Weinstein (”the Firm”), in trust, and instructed his lawyer that the funds shall remain in the Firm’s trust account and shall not be disbursed until:

i. the College has requested the funds, or a portion thereof, for the purpose of funding provided for the patient under the program required by s. 85.7 of the Health Professions Procedural Code; or

ii. the expiration of the 5-year time frame within which funding may be provided for a person in respect of a case of sexual abuse, as set out in O.Reg 599/94 under the Regulated Health Professions Act, 2001. S.O. 1991, c. 18, at which time the funds shall be released to the Member whichever occurs sooner.

4. Directing the Member to partially reimburse the College for its costs in relation to this proceeding in the amount of $68,000 to be paid according to the following schedule:

a) one cheque dated March 27, 2017 in the amount of 5,666.74; and

b) (11) post-dated cheques, dated for the 27th of each month, commencing April 27, 2017, each in the amount of $5,666.66.

 

This matter came before a panel of the Discipline Committee of the College of Optometrists of Ontario June 15, 2016, in Toronto, Ontario, at 10:00 am at 65 St. Clair Ave. E.

1. The Discipline Panel found that the facts set out in the Agreed Statement of Facts were sufficient to support the findings of professional misconduct to which Dr. Ng pleaded guilty and accordingly found him guilty of professional misconduct under the following paragraphs of subsection 1(1) of the version of Ontario Regulation 859/93 made under the Optometry Act, 1991 that was in force at the time of the misconduct: paragraph 27 (Failing to make and maintain records as required by the regulations); paragraph 35 (Failing to issue a statement or receipt to a patient or to a third party responsible for the payment of the account of a patient); and paragraph 53 (Engaging in conduct or performing an act that, having regard to all the circumstances, would reasonably be regarded by members as unprofessional or unethical).

2. The Panel accepted the Joint Submission on Penalty and Costs and ordered as follows:

a. Dr. Ng is required to appear before the Discipline Panel to receive a reprimand.

b. Dr. Ng to pay the College’s costs in the amount of $5000 payable to the College of Optometrists of Ontario within three months of the date of the Order of the Discipline Committee by post-dated cheque delivered to the Registrar on or before 22 June 2016.

c. The Registrar be directed to suspend Dr Ng’s certificate of registration for a period of two months as set out in paragraph 3 of the Joint Submission on Penalty.

d. The Discipline Committee ordered that the suspension be fully suspended if Dr. Ng successfully completes a practice coaching within five months of the date of the Order of the Discipline Committee. If Dr. Ng fails to successfully complete the practice coaching, he will serve the two months suspension beginning upon notification by the Registrar that Dr. Ng has failed to successfully complete the coaching.

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

The Discipline Committee held a hearing on April 5, 2016, regarding allegations of professional misconduct against Dr. Emad Eskander, Dr. Kar Man Cheung, Dr. Suzan Sarkies, and Dr. Vivian Li.

1. THE DISCIPLINE COMMITTEE FINDS Dr. Emad Eskander, Dr. Kar Man Cheung, Dr. Suzan Sarkies, and Dr. Vivian Li guilty of professional misconduct as set out in paragraphs 14 and 24 of section 1 of Ontario Regulation 119/94 made under the Optometry Act, 1991, S.O. 1991, c. 35.

2. THE DISCIPLINE COMMITTEE FINDS Dr. Kar Man Cheung, Dr. Suzan Sarkies, and Dr. Vivian Li guilty of professional misconduct as set out in paragraph 39 of section 1 of Ontario Regulation 119/94 made under the Optometry Act, 1991, S.O. 1991, c. 35.

3. THE DISCIPLINE COMMITTEE ORDERS that the members be reprimanded.

4. THE DISCIPLINE COMMITTEE ORDERS that the members each pay the College’s costs in the amount of $5000 payable to the College of Optometrists of Ontario within six months of the date of this Order by postdated cheque delivered to the Registrar on or before April 5, 2016.

5. THE DISCIPLINE COMMITTEE ORDERS that the members’ certificates of registration shall be suspended for a period of two weeks.

6. THE DISCIPLINE COMMITTEE ORDERS that all of the two week suspension referred to in paragraph 5, above,  will be suspended for each member who successfully  completes the condition that he or she submit a written essay to the Registrar of the College (“Registrar”) as follows:

a. 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)  Follow-up protocols including the importance of being accessible to patients following examination

(iii) For Drs. Cheung, Li and Sarkies only, the storing of records in a secure manner that protects patients’ privacy and allows for an easy access to their records.

b. The essay shall be completed within six (6) months of the date of this Order.

c. The Registrar shall determine whether or not each essay is acceptable, if it is not, the members will be required to correct it to the Registrar’s satisfaction.

d. If a member fails to successfully complete the above condition within the six (6) months following the date of the Order of the Discipline Committee then his or her certificate of registration will be suspended for two weeks.

7. THE DISCIPLINE COMMITTEE ORDERS that a condition be imposed on the members’ certificates of registration that they each complete a minimum of twenty (20) hours of continuing education (CE) activities as follows:

a. A minimum of ten (10) hours must be in the management of patients with binocular vision disorders, including assessment and treatment;

b. A minimum of five (5) hours must be in ocular health assessment;

c . A minimum of five (5) hours must be in refraction; and

d. All CE shall be of category A (Continuing Education Equivalency is not acceptable), as per the College of Optometrists of Ontario Continuing Education Policy January 1, 2015-December 31, 20l7;

e. All CE must be pre-approved by the Registrar;

f. The members shall be responsible for the cost of the CE;

g. The CE shall be completed within twelve (12) months of the date of the Order of the Discipline Committee and the members shall provide proof of completion of the CE to the Registrar; and

h. The CE shall be in addition to the mandatory CE requirements of the Quality Assurance Program.

8. THE DISCIPLINE COMMITTEE ORDERS that a condition be imposed on each member’s certificate of registration that he or she shall undergo a practice inspection within fifteen (15) months of the date of this Order. 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 each member for patients whom the members treated following the completion of the CE referred to in paragraph 7: fifteen (15) of the patient records shall be for patients under the age of fourteen (14), and the other ten (10) shall be for patients over the age of fourteen (14);

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. The members shall be given five (5) business days’ notice prior to the College representative attending their respective practices to obtain the records; and

e. The practice inspection shall be conducted at no cost to the members.

At the conclusion of the hearing, Dr. Eskander, Dr. Cheung, Dr. Sarkies and Dr. Li waived their right to appeal and the Discipline Committee delivered the reprimand.

The Discipline Committee held a hearing on October 7, 2015, regarding allegations of professional misconduct made against Dr. Anthony J. Angelone.

1. The Discipline Committee found Dr. Anthony J. Angelone guilty of professional misconduct for failing to maintain the standards of practice of the profession as set out in paragraph 14 of section 1 of Ontario Regulation 119/94 made under the Optometry Act, 1991, S.O. 1991, c. 35.

2. The Discipline Committee ordered as follows:

a.  that Dr. Angelone be reprimanded;

b.  that Dr. Angelone pay the College’s costs in the amount of $10,000 payable to the College of Optometrists of Ontario within six months of the date of the Order of the Discipline Committee;

c. that Dr. Angelone shall complete twenty hours of Continuing Education in pediatric optometry to be approved by the Registrar within twenty-four (24) months of the date of the Order of the Discipline Committee;

d. that a condition be imposed on Dr. Angelone’s certificate of registration that he not treat children eight years of age and under.

e. that in order to have the condition in paragraph d, above, removed from his certificate of registration Dr. Angelone must successfully complete the following mentoring program:

i. For a period of two months, one day per week, Dr. Angelone must attend the office of an optometrist whose practice has an emphasis in pediatric patients and approved by the Registrar;

ii. The mentoring will focus on how to evaluate eye health and the binocular vision assessment of children, the treatment and correction of amblyopia and strabismus, history taking and charting;

iii. Dr. Angelone will pay any expenses related to the mentoring including the mentor’s fees;

iv. At the conclusion of the mentorship the mentor will provide a report to the College providing an opinion about whether Dr. Angelone is capable of assessing and treating children eight years of age and under. If the mentor’s opinion is that he is capable of assessing and treating children eight years of age and under then the condition will be removed;

v. If the mentor’s opinion is that Dr. Angelone is not capable of assessing and treating children eight years of age and under then Dr. Angelone must complete additional two month mentorship(s) until such time as he obtains a positive report from the mentor. The same requirements would apply to each additional mentorship; and

vi. For a period of six months following the removal of the condition on Dr. Angelone’s certificate, the College will conduct unannounced practice inspections to ensure that he is maintaining the standard of practice of the profession with respect to the assessment and treatment of children eight years of age and younger. The practice inspections shall be at Dr. Angelone’s expense.

3. The Discipline Committee ordered that the terms of the above penalty shall be recorded in the Register and available to the public.

4. At the conclusion of the hearing, Dr. Angelone 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 June 15, 2015, in Toronto, Ontario, at 09:30 am at 65 St. Clair Ave. E.

1. THE DISCIPLINE COMMITTEE FOUND Dr. Petra Cantrup guilty of professional misconduct as provided by section 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 as set out by section 1(1) of O.Reg. 119/94, as amended, under the Optometry Act, 1991, S.O. 1991, c. 35, in that:

1. Dr. Cantrup failed to abide by a written undertaking given by her to the College and/or a Committee, and/or failed to carry out an agreement entered into with the College and/or a Committee, contrary to paragraph 35 of Ontario Regulation 119/94, section (1)1; and
2. Dr. Cantrup engaged in conduct or performed an act that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, unprofessional and/or unethical, contrary to paragraph 39 of Ontario Regulation 119/94, section (1)1.

2. THE DISCIPLINE COMMITTEE ORDERED that:

1. Dr. Cantrup is required to appear before the Discipline Committee and be reprimanded;
2. Terms, Conditions, and Limitations, shall be imposed on Dr. Cantrup’s Certificate of Registration until such time as the obligations imposed upon her are satisfied;
3. Dr. Cantrup shall pay costs to the College in the amount of $5,000, due within 30 days of the date that the Discipline Committee renders its decision in this matter; and
4. The terms of the above penalty shall be included in the Register of the College and shall be fully accessible to the public.

At the conclusion of the hearing Dr. Cantrup waived her right to an appeal and the Discipline Committee administered the public reprimand.

This matter came before a panel of the Discipline Committee of the College of Optometrists of Ontario on May 13, 2015 in Toronto, Ontario, at 10:00 a.m. at 65 St. Clair Ave. E.

1. THE DISCIPLINE COMMITTEE FINDS Dr. Richard Samuell guilty of professional misconduct as set out in paragraph 39 of section 1 of Ontario Regulation 119/94 made under the Optometry Act, 1991, S.O. 1991, c. 35.

2. THE DISCIPLINE COMMITTEE ORDERS that Dr. Samuell be reprimanded.

3. THE DISCIPLINE COMMITTEE ORDERS that Dr. Samuell pay the College’s costs in the amount of $6500 payable to the College of Optometrists of Ontario within six months of the date of this Order.

4. THE DISCIPLINE COMMITTEE ORDERS that Dr. Samuell’s certificate of registration shall be suspended for four weeks.

5. THE DISCIPLINE COMMITTEE ORDERS that two weeks of the suspension referred to in paragraph 4, above, shall be suspended upon the completion of the following conditions:

a. That Dr. Samuell unconditionally pass the ProBE Course at his own expense (Professional/Problem-Based Ethics) within twelve months of the date of this Order and that he provides proof that he has done so to the Registrar; and
b. That Dr. Samuell provides proof, acceptable to the Registrar, that he has and is paying rent to the Optical Gallery for a period of twelve months following the date of this Order;

Failing to meet the above conditions will result in Dr. Samuell immediately having to serve the remaining two weeks’ suspension.

6. THE DISCIPLINE COMMITTEE ORDERS THAT the suspension shall commence on a date to be determined by the Registrar.

7. THE DISCIPLINE COMMITTEE ORDERS THAT the terms of the above penalty shall be recorded in the Register and available to the public.