Discipline Hearings

Discipline hearings are held at the College of Optometrists of Ontario, 65 St. Clair Ave. E., Suite 900, Toronto (unless a different venue is indicated), and are open to the public. Hearing dates will be posted once they are determined.

For more information, contact Eyal Birenberg at 416-962-4071, extension 61, or EBirenberg@collegeoptom.on.ca.

To view the guidelines for discipline hearings at the College, and the rules of procedure, please click here (PDF).

Les audiences disciplinaires, tenues à l’Ordre des optométristes sont ouverts au public. Les dates d’audience seront affichées dès qu’elles sont déterminées.

Pour plus d’informations, appelez Eyal Birenberg au (416) 962-4071, poste 61, ou EBirenberg@collegeoptom.on.ca.

Current Hearing Schedule*

 

 Name  Hearing Date(s)
Dr. Gregory Miller #1 TBD Notice of Hearing
Dr. Gregory Miller #2 July 10–11, 2018 at 9:30 a.m. Hearing off-site. Details below. Notice of Hearing
Dr. Andrew Mah TBD Notice of Hearing
Dr. Farrukh A. Sheikh TBD Notice of Hearing
Dr. Ampreet Singh TBD

*This schedule is subject to change

 

Upcoming Hearings

 

Member: Dr. Gregory Miller #1 

Referral Date: September 25, 2017
Hearing dates to be posted when available.

Details:

On September 25, 2017, the Inquiries, Complaints and Reports Committee referred the following specified allegations of professional misconduct to the Discipline Committee:

1. Dr. Miller failed to maintain the standards of practice of the profession, as set out at paragraph 1.14 of Ontario Regulation 119/94, by failing to identify, document, and further test the optic disc swelling in Patient X’s eye, and failing to recommend that Patient X be referred to another professional for the optic disc swelling.

2. Dr. Miller failed to refer Patient X to another professional whose profession is regulated under the Regulated Health Professions Act, 1991 because he ought to have recognized that the condition of Patient X’s eye required such referral, as set out at paragraph 1.11 of Ontario Regulation 119/94.

3. Dr. Miller 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, as set out in paragraph 1.39 of Ontario Regulation 119/94, for his remark(s) regarding vision therapy.

 

Member: Dr. Gregory Miller #2

Referral Date: September 25, 2017
Hearing Dates: July 10–11, 2018 at 9:30 a.m.
Location: Victory Verbatim, 222 Bay St., Suite 900, Toronto ON, M5K 1H6

Details:

On September 25, 2017, the Inquiries, Complaints and Reports Committee referred the following specified allegations of professional misconduct to the Discipline Committee:

1. Dr. Miller has 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, on or about November 30, 2006, during an eye examination, he sexually abused his patient, Patient A, by twice taking Patient A’s hand and placing it on his clothed genital area.

 

Member: Dr. Andrew Mah

Referral Date: November 7, 2017
Hearing dates to be posted when available.

Details:

On November 7, 2017, the Inquiries, Complaints and Reports Committee referred the following specified allegations of professional misconduct to the Discipline Committee:

1. Dr. Mah has 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 1.16 of Ontario Regulation 859/93 (now revoked) and/or paragraph 1.13 of Ontario Regulation 119/94, in that, between approximately January 2014 and July 2015, he recommended and/or provided unnecessary diagnostic or treatment services in relation to Patients 1–25, including, but not limited to:

a) ongoing monitoring and/or office visits;
b) visual field testing (AVF);
c) fundus photography;
d) Heidelberg retinal tomography (HRT);
e) pachymetry;
f) digital retinal imaging (DRI);
g) optical coherence tomography (OCT):
h) Ultrasound Corneal Pachymetry (UCP);
i) Anterior Ocular Imaging (AOI); and/or
j) prescriptions for eyeglasses.

2. Dr. Mah has 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 1.17 of Ontario Regulation 859/93 (now revoked) and/or paragraph 1.14 of Ontario Regulation 119/94, in that, between approximately January 2014 and July 2015, he failed to maintain the standards of practice of the profession in relation to the care and management of Patients 1–25 and, in particular,

a. portions of his healthcare records for these patients were illegible;
b. he diagnosed patients with glaucoma or as “glaucoma suspect”, in circumstances where that diagnosis was not supported by the clinical findings;
c. he recommended that patients return for office visits in circumstances and
at frequencies that were not clinically indicated;
d. he prescribed eyeglasses for patients in circumstances where such prescriptions were not supported by the clinical findings, and/or unnecessary, and/or inappropriate;
e. he referred patients for consultations with an ophthalmologist in circumstances where such a referral was not clinically indicated;
f. he failed to conduct the appropriate tests and/or use the appropriate equipment to investigate patients with suspected glaucoma; and/or
g. he failed to conduct the appropriate tests and/or use the appropriate equipment to investigate patients with suspected diplopia.

3. Dr. Mah has 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 1.27 of Ontario Regulation 859/93 (now revoked) and/or paragraph 1.24 of Ontario Regulation 119/94, in that, between approximately January 2014 and July 2015 he failed to maintain records in accordance with Part IV in relation to Patients 1–25, including, but not limited to deficiencies with respect to the documentation of:

a. the patient’s health and oculo-visual history;
b. the clinical procedures used;
c. the clinical findings obtained; and/or
d. the diagnosis.

4. Dr. Mah has 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 1.32 of Ontario Regulation 859/93 (now revoked) and/or paragraph 1.28 of Ontario Regulation 119/94, in that, between approximately January 2014 and July 2015 he submitted or allowed to be submitted an account(s) for professional services in relation to Patients 1–25 that he knew or ought to have known was false or misleading  and, in particular, he:

a. submitted accounts to OHIP under billing codes V402, V406, V408, V409, V410 in circumstances where he knew or ought to have known that the criteria for submitting accounts under those billing codes were not met; and/or
b. submitted accounts to patients for visits, tests and/or procedures that he knew or ought to have known were not clinically indicated.

5. Dr. Mah has 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 1.53 of Ontario Regulation 859/93 (now revoked) and/or paragraph 1.39 of Ontario Regulation 119/94 in that, between approximately January 2014 and July 2015, 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 regarding his care and management of Patients 1–25 he:

a. recommended that patients attend at his office for visits, tests, procedures and/or ongoing monitoring in circumstances where such visits, tests, procedures and/or ongoing monitoring was not clinically indicated;
b. billed OHIP and/or patients for office visits, tests, and procedures that were not clinically indicated;
c. made diagnoses, referrals, and prescriptions that were not clinically indicated;
d. failed to maintain legible patient records; and/or
e. failed to maintain adequate patient records.

 

Member: Dr. Farrukh A. Sheikh

Referral Date: January 15, 2018
Hearing dates to be posted when available.

Details:

On January 15, 2018, the Inquiries, Complaints and Reports Committee referred the following specified allegations of professional misconduct to the Discipline Committee:\

1. Dr. Sheikh has 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, on or about August 23, 2016, while practising as an optometrist at the Sanger Eye Clinic in Hamilton, Ontario, Dr. Sheikh failed to maintain the standards of practice of the profession with respect to:

a. his delegation of a controlled act(s) to Person X in relation to Patient A, including, but not restricted to, his failure to:

i. obtain informed consent or to ensure that informed consent was obtained from Patient A for the delegation;
ii. establish a formal relationship with Patient A prior to the delegation;
iii. adequately supervise Person X; and/or
iv. ensure that the delegation was appropriately and/or adequately documented in the patient record.

b. his assignment of various aspects of Patient A’s eye examination to Person X including, but not restricted to, his failure to:

i. obtain informed consent or ensure that informed consent was obtained, from Patient A for the assignment;
ii. establish a formal relationship with Patient A prior to the assignment;
iii. adequately supervise Person X; and/or
iv. ensure that the assignment was appropriately and/or adequately documented in the patient record.

2. Dr. Sheikh has 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 1.18 of Ontario Regulation 119/94 in that, on or about August 23, 2016, while practising as an optometrist at the Sanger Eye Clinic in Hamilton, Ontario, Dr. Sheikh permitted, counselled, or assisted Person X, a person who is not a member of the College of Optometrists of Ontario (“the College”), to perform one or more of the following controlled acts, which should be performed by a member of the College, in relation to Patient A:

a. communicating a diagnosis identifying, as the cause of a person’s symptoms, a disorder of refraction, a sensory or oculomotor disorder of the eye or vision system or a prescribed disease; and/or

b. prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses.

3. Dr. Sheikh has 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 1.24 of Ontario Regulation 119/94 in that, from approximately August 23, 2016 to approximately September 26, 2016, while practising as an optometrist at the Sanger Eye Clinic in Hamilton, Ontario, Dr. Sheikh failed to make and/or maintain records in accordance with Part IV and, in particular, Dr. Sheikh failed to ensure that the patient health record for Patient A included:

a. information about Dr. Sheikh’s delegation of a controlled act(s) to Person X;

b. a copy of the appropriate written consent to treatment; and

c. information that would allow the person who made every entry in the health record for Patient A to be readily identifiable.

4. Dr. Sheikh has 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 1.28 of Ontario Regulation 119/94 in that, on or about August 23, 2016, while practising as an optometrist at the Sanger Eye Clinic in Hamilton, Ontario, Dr. Sheikh allowed to be submitted an account for professional services that he knew or ought to have known was false or misleading and, in particular, Dr. Sheikh allowed a claim to be submitted to Patient A’s insurance company in relation to an eye examination in circumstances where the information submitted to the insurance company suggested that:

a. Dr. Sheikh had completed Patient A’s eye examination on that date, when that was not the case; and

b. Patient A had received a complete eye examination on that date, when that was not the case.

5. Dr. Sheikh has 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 1.30 of Ontario Regulation 119/94 in that, from approximately August 23, 2016 to approximately September 26, 2016, while practising as an optometrist at the Sanger Eye Clinic in Hamilton, Ontario, Dr. Sheikh, or the administrative staff who support his practice, failed to issue a statement or receipt that itemizes an account for professional goods or services provided to Patient A, when he requested such a statement or receipt.

6. Dr. Sheikh has 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, from approximately August 23, 2016 to approximately September 26, 2016, while practising as an optometrist at the Sanger Eye Clinic in Hamilton, Ontario, Dr. Sheikh 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:

a. Dr. Sheikh delegated a controlled act(s) to Person X in relation to Patient A without:

i. obtaining informed consent and/or ensuring that informed consent was obtained from Patient A for the delegation;
ii. establishing a formal relationship with Patient A prior to the delegation;
iii. adequately supervising Person X; and/or
iv. ensuring that the delegation was appropriately and/or adequately documented in the patient record;

b. Dr. Sheikh assigned various aspects of patient’s Patient A’s eye examination to Person X without:

i. obtaining informed consent and/or ensuring that informed consent was obtained, from Patient A for the assignment;
ii. establishing a formal relationship with Patient A prior to the assignment;
iii. adequately supervising Person X; and/or
iv. ensuring that the assignment was appropriately and/or adequately documented in the patient record;

c. Dr. Sheikh permitted, counselled, or assisted Person X, a person who is not a member of the College of Optometrists of Ontario (“the College”), to perform one or more of the following controlled acts, which should be performed by a member of the College, in relation to Patient A:

i. communicating a diagnosis identifying, as the cause of a person’s symptoms, a disorder of refraction, a sensory or oculomotor disorder of the eye or vision system or a prescribed disease; and/or
ii. prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses;

d. Dr. Sheikh failed to make and/or maintain records in accordance with Part IV and, in particular, Dr. Sheikh failed to ensure that the patient health record for Patient A included:

i. information about Dr. Sheikh’s delegation of a controlled act(s) to Person X;
ii. a copy of the appropriate written consent to treatment.
iii. information that would allow the person who made every entry in the health record for Patient A to be readily identifiable.

e. Dr. Sheikh submitted an account for professional services that he knew or ought to have known was false or misleading and, in particular, Dr. Sheikh allowed a claim to be submitted to Patient A’s insurance company in relation to an eye examination in circumstances where the information submitted to the insurance company suggested that:

i. Dr. Sheikh had completed Patient A’s eye examination on that date, when that was not the case; and
ii. Patient A had received a complete eye examination on that date, when that was not the case; and/or

f. Dr. Sheikh failed to have the appropriate administrative processes in place to ensure that Patient A received an itemized statement or receipt when he requested one.

 

Member: Dr. Ampreet Singh

Referral date: April 12, 2018
Hearing dates to be posted when available

Details:

On April 12, 2018, the Inquiries, Complaints and Reports Committee referred the following specified allegations of professional misconduct to the Discipline Committee:

1. Dr. Singh has committed an act or 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, as defined in:

a. paragraph 1.14 of Ontario Regulation 119/94, in that:

i. Dr. Singh failed to maintain the standards of practice of the profession with respect to the oculo-visual assessments he provided to 28 patients (25 patients – students Dr. Singh saw at the University of Ottawa and 3 patients he saw at the ____________ Nursing Home, ________); and
ii. Dr. Singh failed to provide at least 10 patients with his contact information (telephone number or other means of contacting him) in the event that they had questions or problems with their vision or eyeglasses.

b. paragraph 1.24 of Ontario Regulation 119/94, in that:

i. Dr. Singh failed to make or maintain records in accordance with Part IV, including, but not limited to, Dr. Singh not having an appointment book and/or financial records for each patient; which are required by sections 8 and 9 respectively of Ontario Regulation 119/94; and
ii. Dr. Singh, in many instances, failed to record the information required by s. 10 of Ontario Regulation 119/94 to be in patient records.

c. paragraph 1.12 of Ontario Regulation 119/94, in that Dr. Singh failed, without reasonable cause, to provide at least 12 patients (all of whom required eyeglasses) with a written, signed and dated prescription for subnormal vision devices, contact lenses or eye glasses after the patients’ eyes have been assessed by Dr. Singh and where such a prescription was clinically indicated.