In a decision released dated March 28, 2024, the Ontario Physicians and Surgeons Discipline Tribunal (OPSDT) of the College of Physicians and Surgeons of Ontario (CPSO) suspended the medical license of Dr. Heung-Wing Li, a family doctor, for improperly taking payment for completing Accessible Parking Permit (APP) applications for patients. Further, for some of these patients, his charts did not contain health documentation supporting eligibility for an APP. 

FACTS

An APP can be issued to a person with a disability. To apply for an APP in Ontario, an applicant must have a health condition that meets the eligible health requirements. A regulated healthcare practitioner, including a physician, must certify on the application form that the applicant has one or more of the listed eligible health conditions. The regulated healthcare practitioner must also indicate on the application form whether the health condition is permanent, temporary or subject to change.

The Ontario Medical Association’s Physician’s Guide to Uninsured Services (OMA Guide) provides direction to physicians about whether they can charge money for completion of forms and applications. The OMA Guide states that a physician is not permitted to charge for completion of an APP application.

The OPSDT found that between approximately 2014 and 2020, Dr. Li had improperly accepted money in exchange for completing APP applications for patients. He charged patients up to twenty (20) dollars.

During the investigation, the CPSO retained a physician (the assessor) to review patient charts and provide an opinion on Dr. Li’s  practice in completing APP applications. 

The assessor reviewed nine patient charts and their corresponding APP applications.

In the report, the assessor gave the opinion that Dr. Li failed to maintain the standard of practice of the profession for eight of the nine patients in that their charts did not contain sufficient documentation to explain why the patient would be eligible for an APP.

For seven patients, the APP applications noted an inability to walk without assistance of a person or device. However, these patients’ charts had no documentation of any such assistance being required.

In fact, in three of these cases, there was documentation of a normal gait, which would not support the eligibility criteria under the APP application. 

DECISION

Based on the above, the OPSDT ordered that Dr. Li’s medical license be suspended for a period of 12 months and that he complete an ethics course at his own expense.

Decision Date: March 28, 2024

Jurisdiction: Ontario Physicians and Surgeons Discipline Tribunal

Citation: College of Physicians and Surgeons of Ontario v. Li, 2024 ONPSDT 11 (CanLII)