Stonewall, Man., doctor suspended, but won't lose licence after guilty plea in discipline hearing

A Stonewall, Man., family doctor who failed several times to keep patient records up-to-date and admitted to giving "false or misleading information" to the College of Physicians and Surgeons of Manitoba will not lose his licence, but has been suspended from practising medicine until he meets certain requirements.

Dr. Pooventhran Pillay pleaded guilty in February to six charges levelled at him by the college's investigation panel, mostly involving poor record-keeping and providing "false or misleading information to the college, thereby committing acts of professional misconduct," the decision said.

The doctor, who previously practised in the towns of Stonewall and Teulon, must meet several requirements, including completing "a record-keeping course and a professionalism course" and paying for the costs of the investigation into his practice, to the tune of $19,307, said the panel in a decision dated April 17, 2018.

Until he completes those requirements, he is suspended.

Inadequate records

The college first began investigating Dr. Pillay in 2014 over concerns about poor record-keeping. In 2015, he agreed to requirements making sure his record-keeping was accurate and up-to-date, and to respond more quickly to inquiries from the college. He also agreed to an audit and to ongoing monitoring, and to provide 30 completed medical charts that had been deemed incomplete.

On the day of the audit in December 2015, "Dr. Pillay arrived at the college offices, bringing with him only 19 of the 30 charts requested," according to the decision.

The auditor found numerous concerns, including no medication lists for the charts, notes with incomplete information, failure to follow up consistently on abnormal tests and "the prescribing of narcotics did not appear to meet the standard of practice."

An on-site audit of the doctor's office found a cluttered and disorganized space, expired medications on site, a patient's medication found in open view, hazardous overfilling of sharps containers, unsecured prescription pads, handwritten records stored in shopping bags and more issues, the college says.

After the audits, he was put under an interim suspension while the college investigated and demanded the missing and incomplete charts.

The college received a letter from Dr. Pillay in May of 2017, saying he was "suffering from 'burnout' and that he had not been able to address the college's outstanding requests."

He told the college he was dealing with his stress by focusing on nutrition, exercise, mindfulness and increased time with his family.

Formal reprimand

In its recommendation, the investigation panel said that Dr. Pillay is formally reprimanded.

"Dr. Pillay's conduct and deficiencies are serious and concerning," said the panel. "They require a robust response."

Should he want to return to practice, he has to take the aforementioned courses, pay for all costs, and show that he has overcome any mental health issues related to his burnout. He must also not return to a solo practice and his return to work must be graduated.

He must also keep complete and up-to-date records and be supervised and monitored, said the panel.

The panel said he did not lose his licence due to the "strict and rigorous conditions" he must meet to return to practising medicine, and the fact that he ultimately co-operated with the college and pleaded guilty to the charges against him.

"It is not certain that Dr. Pillay will ever return to the practice of medicine. If he does, the requirements … will operate to ensure that he will practise competently and safely," the college said.

Dr. Pillay could not be reached for comment. A call to a phone number listed for his clinic was not answered.