DISCIPLINE DECISIONS
The Alberta College of Optometrists (ACO) has a regulatory obligation under the Health Professions Act (HPA) to make public:
- Decisions of unprofessional conduct including any Sanctions (penalties) or conditions imposed on a regulated member’s Practice Permit.
- Access to decisions of a Hearing Tribunal.
- Publication of decisions relating to sexual abuse or sexual misconduct on the regulatory college’s website.
The ACO supports the mandatory public disclosure provisions of the HPA. This disclosure is grounded in the public interest to increase transparency and public confidence in the decisions of the regulatory college. Any publication of decision summaries, occurring on or after January 1, 2022, will be published on the ACO website for 10 years; however, as required by the HPA, any findings of sexual abuse or sexual misconduct will be published indefinitely.
Decision Summary - Dr. Morley Bayer
Particulars of the Regulated Member’s unprofessional conduct arise from information received by the College which was treated as a complaint. The complaint was investigated, and the following charges were brought before a hearing tribunal of the College:
- On or about September 2019 the Regulated Member physically assaulted another Regulated Member.
- On or about May 2020 the Regulated Member inappropriately asked an employee at the Regulated Member’s clinic how her jeans felt.
- On or about June 2020 the Regulated Member disclosed inappropriate details to a patient regarding his relationship with another Regulated Member.
- On or about December 2020 the Regulated Member made inappropriate comments with respect to the ethnic background of an employee at the Regulated Member’s clinic.
- On or about December 2020 the Regulated Member inappropriately asked an employee at the Regulated Member’s clinic whether she received a pregnancy test for Christmas.
- On or about January 2021 the Regulated Member made inappropriate comments to an employee at the Regulated Member’s clinic concerning her eating and/or her weight.
- On or about January 2021 the Regulated Member made inappropriate comments to an employee at the Regulated Member’s clinic in regard to her risk of miscarriage and the Regulated Member inappropriately disclosed to the employee another Regulated Member’s history of miscarriage and how the miscarriages affected the other Regulated Member.
The Regulated Member had taken remediation and rehabilitation steps prior to the hearing and has maintained ongoing supports, which was given significant weight by the Hearing Tribunal. The Regulated Member has admitted to the above charges. Pursuant to a joint penalty proposal to a Hearing Tribunal, the Hearing Tribunal ordered that the Regulated Member’s Practice Permit be suspended for 30 consecutive days. The Regulated Member was also ordered to pay $9,500 in fines and $13,000 in costs regarding the investigation and hearing.
Decision Summary - Dr. Daniel Osman
Particulars of the Regulated Member’s unprofessional conduct arise from a complaint to the College which was investigated, and the following charge was brought before a Hearing Tribunal of the College:
- On or about April 2021, while performing a trial lens test on a patient, the front of the Registrant’s body inadvertently, momentarily, and without any sexual connotation touched the back of a patient’s body, all of which constituted unprofessional conduct as defined in the Health Professions Act and breached the College’s Standards of Practice and Code of Ethics.
The Regulated Member admitted to the above charge. Pursuant to a joint penalty proposal to a Hearing Tribunal, the Hearing Tribunal ordered that the Regulated Member’s Practice Permit be suspended for 30 consecutive days and that he participates in a multidisciplinary assessment by the Comprehensive Occupational Assessment Program. The Regulated Member was also ordered to pay a fine of $2000 and also to pay $30,903.20, which represents 75% of the costs regarding the investigation and hearing.
Decision Summary - Dr. Darryl Remus
Particulars of the Regulated Member’s unprofessional conduct arise from two complaints to the College and also information received by the College which was treated as a complaint. The complaints were investigated, and a Hearing Tribunal of the College found the Regulated Member guilty of unprofessional conduct relating to the following charges:
- On or about January 5, 2021 to April 12, 2021 the Regulated Member failed to wear a mask when treating and/or interacting with patients, the Regulated Member failed to have measures in place at the Regulated Member’s clinic in order to maintain compliance with the two metre social distancing requirement, and the Regulated member did not require patients to be masked when treating and/or interacting with them.
- On or about January 5, 2021 to April 12, 2021 one or more staff members of the Regulated Member’s clinic failed to wear a mask when treating and/or interreacting with patients and did not require patients to be masked when treating and/or interacting with them.
- On or about January 5, 2021 to April 12, 2021 the Regulated Member encouraged patients to disregard masking requirements, the Regulated Member offered unsolicited personal views and/or advice about masking, the COVID-19 pandemic and the necessity or efficacy of COVID-19 vaccines, and the Regulated Member sent unsolicited e-mails to patients (including outside of optometric treatment) that expressed the Regulated Member’s personal views in relation to masking, the COVID-19 pandemic, and/or the necessity and/or efficacy of COVID-19 vaccines.
- On or about April 2021 the Regulated Member failed to or refused to comply with a request of or co-operate with an investigator appointed pursuant to Part 4 of the Health Professions Act.
- On or about November 2021 until March 2022 the Regulated Member breached a suspension order issued pursuant to Section 65 of the Health Professions Act by providing professional services of an optometrist when the Regulated Member’s practice permit was suspended, and the Regulated Member also used the protected title “optometrist” while the Regulated Member’s practice permit was suspended.
The Hearing Tribunal ordered the Regulated Member’s registration with the ACO to be permanently cancelled. The Regulated Member was also ordered to pay $42,000 in fines and to pay $96,947.77, which represents 75% of the costs regarding the investigation and hearing.