Professional Conduct reports – February 2024

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Recent hearing outcomes

Dr. Victor Taye Fadayomi guilty of inappropriately touching office assistant

Dr. Victor Taye Fadayomi, a family physician from Calgary, was found guilty of unprofessional conduct by a CPSA Hearing Tribunal for inappropriately touching a member of his clinic staff.

It was alleged that in September 2021, Dr. Fadayomi touched the breast of one of his medical office assistants without her consent. Dr. Fadayomi admitted to the touching but maintained that the contact was accidental.

After hearing from witnesses and reviewing the evidence, the Tribunal found the complainant’s recollection of events was credible and that Dr. Fadayomi’s conduct amounted to unprofessional conduct under CPSA’s Boundary Violations: Sexual standard of practice. The Tribunal’s written decision can be reviewed in full on CPSA’s website.

The Hearing Tribunal will reconvene at a later date to consider submissions on sanction. As the complainant in this case was not a patient, mandatory sanctions for sexual abuse under the Health Professions Act do not apply.

CPSA sanctions Dr. Ali Nsair for unprofessional conduct

After a previous finding of unprofessional conduct for failing to respond to CPSA and complete mandatory training, Dr. Ali Nsair was sanctioned by a CPSA Hearing Tribunal.

Dr. Nsair was found guilty of failing to meet his obligations as a physician by not completing a mandatory training module on Patient Relations (required by all regulated members in Alberta under the Health Professions Act), and not responding to multiple communications from CPSA about investigations into his conduct.

Dr. Nsair did not attend the hearing or provide the Hearing Tribunal with a written submission on sanction. The Tribunal accepted a sanction submission from CPSA’s Complaints Director and ordered Dr. Nsair to receive a reprimand, pay a fine of $5,000 and be responsible for the full cost of the investigation and hearing, to a maximum of $20,000. The Tribunal’s written decision can be reviewed in full on CPSA’s website.

Dr. Nsair is not currently in practice, his permit was cancelled in 2022 for failure to complete his CPSA annual renewal or pay annual registration fees.

Dr. De Nguyen sanctioned for unprofessional conduct

General practitioner Dr. De Nguyen of Edmonton was sanctioned by a CPSA Hearing Tribunal after a previous finding of unprofessional conduct.

Dr. Nguyen was found guilty of failing to respond to communications from CPSA (letters, emails and phone calls) between 2020 and 2021, about a complaint resulting from his refusal to engage with CPSA’s Continuing Competence program.

Dr. Nguyen has not been in practice since 2020, when his permit was suspended under section 65 of the Health Professions Act for failing to respond to CPSA to address concerns about his practice.

Dr. Nguyen did not attend the hearing or make any submissions to the Tribunal on sanction. After considering submissions on sanction from CPSA’s Complaints Director, the Tribunal ordered the following:

• Nguyen will receive a reprimand.
• Prior to the reinstatement of his practice permit, Dr. Nguyen must successfully complete a professionalism course and a competence assessment at his own cost.
• If his practice permit is reinstated, Dr. Nguyen must fully engage with CPSA’s Continuing Competence program and complete any remedial actions they provide.
• Nguyen is responsible for the full cost of the investigation and hearing, to a maximum of $10,000.

The Tribunal’s full written decision can be viewed on CPSA’s website.