A family doctor in Edmonton, who was convicted and sentenced in criminal law was recently disciplined by the College of Physicians and Surgeons of Alberta’s (CPSA) Hearing Tribunal after admitting to unprofessional conduct. The CPSA Hearing Tribunal determined that revoking the physician’s practice permit was unnecessary, allowing her to return to practice under specific terms and conditions.
Criminal Conviction and Professional Misconduct
In November 2022, the physician pleaded guilty to defrauding the Government of Alberta, contrary to section 380(1)(a) of the Criminal Code, for actions taken during 2016-2017. She served a 10-month prison sentence and subsequently faced a disciplinary hearing before the CPSA. The misconduct was directly related to her medical practice because it involved improper billing to Alberta Health.
Regulated health professionals are generally required to self-report any criminal charges or convictions to their regulator. Physicians in Alberta must inform the CPSA as soon as possible upon becoming aware of any criminal charges or convictions. Criminal charges and convictions prompt a formal investigation and are reviewed by the CPSA’s Hearing Tribunal to determine whether unprofessional conduct occurred and if disciplinary action is needed.
The physician admitted to the conduct, and the Hearing Tribunal agreed that the physician’s conduct constituted unprofessional conduct.
Determining the Penalty
When deciding on a penalty, the CPSA Hearing Tribunal considers the specifics of the criminal charge or conviction on a case-by-case basis. In this instance, several mitigating factors influenced the Tribunal’s decision to impose measures other than revocation. These factors included a practice review completed in 2021, which found no issues with the physician’s clinical practice, and modifications to her parole conditions allowing her to practice medicine. Additionally, an independent forensic psychiatric assessment concluded that the physician had a low risk of reoffending, no psychological or psychiatric impairments affecting her ability to practice, and was fit to practice. The psychiatric report recommended that the physician attend counselling and have temporary practice restrictions such as working in multi-physician family medicine practices to ensure oversight.
The joint submission on penalty acknowledged the seriousness of the physician’s conduct but also noted her newness to practice at the time of the misconduct, her lack of prior complaints, her admission of unprofessional conduct, and the significant financial and other penalties she faced, including 10 months of incarceration and substantial financial restitution. Ultimately, the Hearing Panel accepted the joint submission on penalty, allowing the physician to return to practice with conditions on her permit. These conditions included:
- Practicing in a multi-physician setting for at least one year;
- Undergoing random audits of her billing for five years;
- Paying a $10,000 fine and covering 100% of the investigation and hearing costs;
- Serving a two-month suspension if she fails to comply with the Tribunal’s orders or if the CPSA receives another complaint regarding similar issues.
The full decision of the Hearing Tribunal is available on the CPSA’s website, linked here.
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