As per Section 39.3 of the Health Professions Act the following public notice is given:
Name of Registrant: Carmelina Buksa (“Registrant”)
The Inquiry Committee sought and obtained a consent order from the Registrant under ss. 33(6)(c) and 36 of the Health Professions Act (the “Act”) after concluding that she had failed to comply with the CDHBC Infection Prevention and Control Guidelines and failed to cooperate with the investigation of her practice. The Registrant executed the consent order on April 5, 2017.
Under terms of the Consent Order, the Registrant undertakes not to repeat the conduct of failing to comply with the CDHBC Infection Prevention and Control Guidelines and not to repeat the conduct of failing to cooperate with a College investigation. She further undertakes to sell or otherwise dispose of her dental hygiene equipment and to provide her original clinical records relating to her independent practice of dental hygiene to the College. She undertakes not to reapply for full registration for a period of one year from the date of the Consent Order and not to submit an application for full registration until she has taken a number of remedial steps which include:
- to first successfully complete the National Dental Hygiene Certification Exam (NDHCE) for registration, at her cost;
- to first successfully complete the College’s Clinical Examination for registration, at her cost;
- to first successfully complete, at her cost, courses on infection prevention and control and such courses to be approved in advance by the Registrar, and to provide documentary evidence confirming that she has successfully completed those courses to the College prior to submitting her application for full registration;
- to first provide an essay of not less than 1500 words on the professional and ethical obligations of registrants of the College, including the duty to cooperate with investigations and to respond promptly to all communications from the College, prior to submitting her application for full registration; and
- to first successfully complete any outstanding requirements imposed by the Quality Assurance Committee prior to the expiration of her registration in 2017.
Upon return to practice, the Registrant undertakes to practice under the direct supervision of a registrant of the College at her cost, such registrant to be approved in advance in writing by the Registrar, for a period of six (6) months and to provide a supervision plan to the Inquiry Committee for approval prior to the commencement of her supervised practice. The supervisor will provide two supervision reports to the Inquiry Committee. Following six months of supervised practice, the Registrant undertakes to establish a mentorship with a senior registrant at her cost, and to communicate with the mentor on a bi-weekly basis regarding practice issues for a period of not less than two years, and to authorize the mentor to provide quarterly reports to the College. The Registrant also undertakes to cooperate with random site-based audits by a College appointed inspector for a period of five years from the date of her return to practice and to take such further remedial action as directed by the Inquiry Committee in the event that any area(s) of deficiency are identified.
Reasons for action:
On June 6, 2016, the Inquiry Committee initiated an own motion investigation under s. 33(4)(c) of the Act in response to information it had received suggesting that the Registrant had failed to comply with the CDHBC Infection Prevention and Control Standards.
The Registrant was advised of the investigation and an interview and inspection of her place of business were scheduled for June 14, 2016. The Registrant emailed the College the day before the arranged time to advise that she was taking a leave of absence from her practice for at least two months and would reschedule the meeting when she was ready to return to practice. The Registrant was advised by email that the inspection would proceed the following date unless she immediately changed her registration to non-practicing status. The Registrant agreed to change her registration to non-practicing status.
By letter dated January 5, 2017, the College advised the Registrant that it was unable to defer the investigation. The College advised the Registrant that the site inspection was rescheduled for January 19, 2017 and requested the Registrant confirm she would be at her place of practice on that date.
On January 13, 2017, the Registrant advised the College that she was extending her leave of absence from practice indefinitely. The Registrant was advised that she was required to cooperate with the investigation and must attend her practice location on January 19, 2017 for the site inspection.
The inspector attended the Registrant’s practice location on January 19, 2016 but the Registrant did not show up for the site inspection.
Following investigation, the Inquiry Committee determined that the Registrant had failed to comply with the CDHBC Infection Prevention and Control Guidelines and had failed to cooperate with the College’s investigation into her practice. The Inquiry Committee determined that the appropriate remedial action was a consent order with extensive terms to ensure that she does not repeat the conduct and takes extensive remedial steps before returning to practice.