Duvall Discipline Panel Decision (redacted) - College of Dental ...

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determine that you; 6 a. have incompetently practiced dentistry; b. have committed professional misconduct or unprofessional conduct; c. have not complied with a standard, limit, or condition imposed under the Act; d. have not complied with the Act, a regulation, or a bylaw; and/or e. suffer from a physical or mental. ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs your ability to practise dentistry. This Citation is issued at the direction of the Inquiry Committee of the College under section 37 of the Act. This Amended Citation is issued at the direction of a panel of the Discipline Committee of the College under Bylaw 10.03(2)(c) made February 29, 2012 This Further Amended Citation is issued at the direction of a panel of the Discipline Committee of the College under Bylaw 10.03(2)(c) made August 10, 2012. COLLEGE OF DENTAL SURGEONS OF BRITISH COLUMBIA Jerome Marburg, Registrar Date
-46- from Dr. L to the effect that Dr. Duvall had again instructed him not to comply with S. 9 of the AUSPA. It is clear to the Panel that apart from some early reporting to the CDSBC by Dr. L, this term of the AUSPA was breached by Dr. Duvall. The CDSBC submits that Dr. Duvall's breach of various provisions of the AUSPA is professional misconduct. The Panel agrees. Dr. Duvall's failure to comply with the terms of the AUSPA is professional misconduct. The CDSBC has an obligation to protect the public from dentists practicing below an acceptable standard for any reason. In this case, they attempted to strike a balance that would achieve this objective while at the same time taking into account Dr. Duvall's illness. The CDSBC provided him with an opportunity to earn a livelihood despite his past history. Dr. Duvall violated the trust the CDSBC placed in him and placed his own interest before that of his patients with serious consequences given the evidence of many of them who endured unnecessary pain and discomfort and additional dental treatment because of his incompetent practice. This conduct may be characterized as professional misconduct within the meaning of the HPA. By the Discipline Committee: Dr. Arnold Steinhart, Chair Date Leona Ashcroft Date /Dr. John Gerscak
Page 1 and 2: IN THE MATTER OF THE COLLEGE OF DEN
Page 3 and 4: - 3 In its decision, whenever the P
Page 5 and 6: - 5 Citation #2. In or about 2007,
Page 7 and 8: - 7 The Panel is unable to accept D
Page 9 and 10: - 9 c. you improperly placed an imp
Page 11 and 12: - 11 In January and February 2006,
Page 13 and 14: - 13- The evidence established that
Page 15 and 16: - 15- · Dr. Penner testified that
Page 17 and 18: - 17 The Panel reviewed a letter of
Page 19 and 20: - 19 did not contain any entry that
Page 21 and 22: -21 The Panel reviewed a letter of
Page 23 and 24: -23- The Panel understands the Coll
Page 25 and 26: -25 work. The Oct 24, 2006 radiogra
Page 27 and 28: -27 RK could see that some of the c
Page 29 and 30: -29 Citation #19 In or about 2006,
Page 31 and 32: -31 is left in the mouth there is a
Page 33 and 34: -33 In response to this aspect of t
Page 35 and 36: -35 Dr. Penner agreed with Dr. D H
Page 37 and 38: -37 The patient, 17 years old, was
Page 39 and 40: -39 patient would be. Dr. Duvall di
Page 41 and 42: -41 Both GC and her mother were unc
Page 43 and 44: -43 Section 8(j) of the AUSPA requi
Page 45 and 46: -45 Section 8(n) of the AUSPA requi
Page 47 and 48: Appendix "A" College of Dental Surg
Page 49 and 50: 3 11. In or about 2009, as regards
Page 51: 5 (d) (f) (j) (k) to fully comply w
Page 55: -46- from Dr. L to the effect that

Duvall Discipline Panel Decision (redacted) - College of Dental ...

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