Restriction: Dr. Paul Price

The Council of the College of Physicians and Surgeons of PEI confirmed the finding of the Fitness to Practise Committee of the College that Dr. Paul Price was guilty of a discipline matter arising out of complaints to the College.  The Council accepted the recommendations of the Fitness to Practise Committee and Orders that;

       1.      Dr. Price is to undergo a period of retraining in surgical ophthalmology to include particular reference to performing Intra-Ocular Surgery.

2.     Dr. Price’s licence to practise ophthalmology is restricted in that he is not to perform Intra-Ocular Surgery until such education takes place.

3.     Requirements 1 and 2 be suspended until such time as Dr. Price advises that he wishes to resume his practise of Intra-Ocular Surgery,

For the sake of clarification, it is to be noted that there are no other restrictions placed on Dr. Price’s licence by the College of Physicians and Surgeons of PEI.  Specifically there have been no restrictions placed on Dr. Price’s ability to perform Oculoplasty Surgery, and there have been no restrictions placed on Dr. Price’s ability to perform Laser Surgery.

Restriction: Dr. Henry Swart

The Council of the College of Physicians and Surgeons of PEI confirmed the finding of the Fitness to Practise Committee of the College that Dr. Henry Swart was guilty of a discipline matter arising out of a complaint to the College.  The Council accepted the recommendations of the Fitness to Practise Committee and Orders that;

1. Dr. Henry Swart’s practice be restricted so that he is not to manage patients for cervical dysplasia until:

a. He has completed at his expense a course of retraining in the management of cervical dysplasia in a course acceptable to Council. The course should be completed in a Canadian program accredited by the Royal College of Physicians and Surgeons of Canada, and should be sufficient to assure Council that he meets the standard of knowledge, skill or judgement in the management of cervical dysplasia equivalent to a physician certified in Canada by the Royal College of Physicians and Surgeons of Canada to practice the specialty of gynecology;

b. He has completed at his expense an assessment of his knowledge, skill or judgement that is approved in advance by Council sufficient to satisfy Council that his knowledge, skill or judgement in the management of cervical dysplasia are equivalent to a physician certified by the Royal College of Physicians and Surgeons of Canada to practice the specialty of gynecology; and

c. A comprehensive audit of Dr. Swart’s office practice be completed within six months to evaluate his knowledge, skill or judgement in the management of gynecologic conditions that commonly present to a physician practicing the specialty of gynecology in Canada. The Committee’s concerns that the error in knowledge, skill or judgement it identified during this investigation occurred in his management of a condition fundamental to the practice of the specialty of gynecology are noted.

2. Dr. Henry Swart be assessed a fine of $7,000, an amount representing the actual costs of this investigation.

Restriction: Dr. Henry Swart

 At a meeting of the Council of the College of Physicians and Surgeons of PEI, the following motion was passed:

 that,

pursuant to Medical Act  section 32.5 (1) which provides that the Council may, pending the outcome of the investigation and discipline process, take one or more of the following actions: c) make public or otherwise disclose the fact that an inquiry or investigation into the practice or conduct of the member is underway; d) suspend or impose a condition on the member’s licence,

the Council orders that  Dr. Henry Swart’s practice be restricted so that he is not to manage patients with cervical dysplasia.

Resolution: Dr. Grant Matheson

(January 21, 2009)

In the matter of the Complaint of Kevin Kelly regarding Dr. Grant Matheson

Upon a review of the report  the “Report to Council Fitness to Practice Committee Complaint of Mr. Kevin Kelly against Dr. Grant Matheson October 28, 2008”(“Report”)

And Upon Council of the College of Physicians and Surgeons of Prince Edward Island (“Council”) considering the Report, the findings of the Fitness to Practice Committee (“Committee”) and the recommendations of the Committee

NOW THEREFORE for the reasons given in the Report which are adopted by Council, Council orders that:

1.    With respect to this complaint and the events of approximately 2002-2005, concerning incapacitation and unfitness pursuant to Section 34(8)(d)(ii)(B) of the Medical Act, the Council accepts and confirms the Committee’s finding that Dr. Matheson engaged in the practice of medicine while impaired by drugs and alcohol and was thus incapacitated, and that he committed professional misconduct by doing so, pursuant to the Regulations of the Medical Act, Section XI (j).

As sanctions have already been applied for similar misconduct committed during the same period of time, and as there is no evidence of re-offense, the Council accepts and confirms the Committee’s recommendation that no penalty be imposed, and that Dr.  Matheson’s licence, if reinstated, as hereinafter provided, will continue to be restricted such that he may never prescribe narcotics or controlled substances and that he is required to comply with the existent, or any subsequent Monitoring Agreement regarding his use of alcohol or drugs for as long as he remains licensed.

2.    With respect to the issue of narcotic diversion for Dr. Matheson’s personal use, the Council accepts and confirms the Committee’s  finding that Dr. Matheson has committed professional misconduct pursuant to the Regulations of the Medical Act, Section XI (n) and (q) and accepts and confirms the recommendation of the Committee and orders that his license to practice medicine be suspended for a period of one year consecutive to any other period of suspension.

3.    With respect to the issue of narcotic diversion by Dr. Matheson to Witness B, the Council accepts and confirms the Committee’s finding that Dr. Matheson has committed professional misconduct pursuant to the Regulations of the Medical Act, subsection XI (n) and (q), and accepts and confirms the recommendation of the Committee and orders that his licence to practice medicine be suspended for a period of one year consecutive to any other period of suspension herein before imposed.

4.    With respect to the issue of the standard of medical care provided to Mr. Kelly by Dr. Matheson, the Council accepts and confirms the Committee’s finding  that Dr. Matheson failed to practice to the standard of care due Mr. Kelly and committed professional misconduct pursuant to the Regulations of the Medical Act, Subsection XI(1)(n) and (q).  and accepts and confirms the recommendation and orders that:
A.    Pursuant to subsection 34(8)(d)(iii), that Dr. Matheson’s license (if reinstated) will continue to be restricted such that he may not prescribe narcotics or controlled substances;
B.    Dr. Matheson’s license to practice medicine be suspended for a period of one year consecutive to any other period of suspension hereinbefore imposed;
C.    Dr. Matheson be required, at his own expense, to take a course in medical record keeping provided by the College of Physicians and Surgeons of Ontario, or an alternative course acceptable to the Council, and that provision of acceptable documentation of such a course to be Registrar shall result in a shortening of this period of suspension by 3 months;
D.    Dr. Matheson be required, at his own expense, to submit to a formal assessment of his medical knowledge and skills by a body acceptable to the Council.  Should deficiencies be identified by that assessment, Dr. Matheson shall be required to undertake any continuing medical education activities required to remedy those deficiencies, of significant duration and acceptable to Council, and that provision of acceptable documentation of such a course to the Registrar shall result in a shortening of the period of suspension by 3 months.
E.    Should the assessment required in subsection “D” hereof not reveal any deficiencies requiring specific continuing medical education, Dr. Matheson shall be required to participate in refresher continuing medical education prior to any resumption of medical practice, of duration and content acceptable to the Council, and that provision of acceptable documentation of such continuing medical education shall result in a shortening of the period of suspension by 3 months.
F.    Dr. Matheson be required, at his own expense, to submit to a practice audit 6 months after resuming practice, to determining the adequacy of his medical records and of his medical care.

5.    With respect to the issue of violation of professional patient-physician boundaries, the Council accepts and confirms the Committee’s finding that Dr. Matheson has committed professional misconduct pursuant to the Regulations of the Medical Act, Subsection XI(q) and accepts and confirms the Committee’s recommendation and orders that:
A.    Dr. Matheson’s license to practice medicine be suspended for a period of 6 months consecutive to any other period of suspension hereinbefore imposed;
B.    Dr. Matheson be required to participate in an educational course on appropriate physician-patient boundaries provided by the College of Physicians and Surgeons of Ontario, or an alternative course considered acceptable by Council, and that provision of acceptable documentation to the Registrar shall result in a shortening of the period of suspension by 3 months.

6.    With respect to the issue of whether Dr. Matheson engaged in the practice of medicine while his license was under suspension, Council accepts and confirms the Committee’s recommendation that “no further action be taken.”

7.    With respect to the issue of Dr. Matheson providing non-narcotic prescriptions to Witness B, the Council accepts and confirms the Committee’s finding that Dr. Matheson committed professional misconduct pursuant to the Regulations of the Medical Act, Subsection XI(1)(q) accepts and confirms the Committee’s recommendations and orders that:
A.   Dr. Matheson be reprimanded, and that the fact of the reprimand is records in the Register in which his name is entered;
B.   Dr. Matheson be required to participate, at his own expense, in a course on medical ethics acceptable to Council.

8.     The Council orders that Dr. Matheson be fined $15,000.00.

9.     For purposes of clarity, the total period of suspension imposed  herein is 3.5 years (42 months).  If Dr. Matheson completes the retraining and educational requirements recommended in 4C, 4D (or 4E) and 5B above, the period of suspension may be reduced by up to 9 months.

10.      The Council orders that this Order takes effect February 10, 2009.

By Order of the Court of Appeal of Prince Edward Island dated February 3rd, 2009, the Council Order of January 22nd, 2009 was stayed pending final disposition of Dr. Matheson’s appeal of the said Council Order. As a consequence Dr. Matheson is permitted to continue his medical practice subject to the restrictions that were in place prior to January 22nd, 2009

Reprimand: Dr. Douglas Tweel

(May 9, 2007)

Whereas Dr. Douglas Tweel failed to attend in a timely way to the needs of an in-patient and her family in the Queen Elizabeth Hospital when requested to do so by nursing staff, and whereas on attendance, inappropriate methods of communication with the family including the use of profanity were used, it was the Order of Council that

  1. Dr. Tweel be required to write a letter of apology to the family of   Mrs. M.

  2. Council reprimand Dr. Tweel in writing.

  3. Dr. Tweel be fined a sum of $1500.00. 

Revoked: Dr. Douglas I. Cameron

(May 9, 2007)

WHEREAS a Board of Inquiry constituted pursuant to the Medical Act by Council of the College of Physicians and Surgeons of PEI (“Council”) regarding complaints of professional misconduct arising out of the practise of medicine of Dr. Douglas Ian Cameron, has determined that Dr. Douglas Ian Cameron, has committed acts of professional misconduct;

AND WHEREAS the Board of Inquiry has recommended to Council that the licence to practise medicine issued to Dr. Douglas Ian Cameron, be revoked and that he be ordered to pay two fines, each in the amount of $2500.00;

AND WHEREAS the Report of the Board of Inquiry was accepted by Council;

UPON MOTION DULY MADE, SECONDED, AND CARRIED IT WAS RESOLVED THAT:

  1. The license issued to Dr. Douglas Ian Cameron, be revoked effective immediately, and the Registrar be directed to strike his name from all Registers where it is recorded;
  1. Dr. Douglas Ian Cameron pay a fine to the College, in the amount of $2500.00 in relation to the professional misconduct of having committed an act of sexual abuse as found by the Board of Inquiry;
  1. Dr. Douglas Ian Cameron pay a fine to the College in the amount of $2500.00 in relation to the professional misconduct of having failed on two occasions to abide by the conditions of his license as found by the Board of Inquiry;
  1. that Dr. Douglas Ian Cameron pay a portion of the costs of Council as defined under Section 36 of the Medical Act in the amount of $15,000.00 to be confirmed or varied on taxation by The Prothonotary of the Supreme Court of Prince Edward Island.  
  1. Council shall apply the deposit made by Dr. Douglas Ian Cameron, pursuant to Section 35(5) of the Medical Act to costs taxed and allowed by The Prothonotary of the Supreme Court of Prince Edward Island, and any remainder against the fines imposed.
  1. Pursuant to Section 38 of the Medical Act an application for the entering of the name of Dr. Douglas Ian Cameron on the Registers of the College and the issuance of a license under the Medical Act shall not be considered for a period of at least 10 years from the date of this Order. 
  1. It is a condition precedent to the entertaining of any application for licensure from Dr. Douglas Ian Cameron, that all conditions imposed on Dr. Douglas Ian Cameron, by Council be fully and completely discharged to the satisfaction of Council, and that all conditions of Section 38 of the Medical Act and the Regulations made under the Act have been met.