The court considered the shortage of medical professionals in the area
The Prince Edward Island Court of Appeal granted a stay on medical practice restrictions imposed by the College of Physicians and Surgeons, allowing a rural physician to continue practising without limitations while appealing the decision.
The college took disciplinary action against the physician, who has practised for over 40 years, including 15 in PEI, after receiving four complaints between February and July 2022. The complainants withdrew two complaints, but the college continued to pursue one of them. The concerns raised included limited in-person patient contact, communication issues, intra-family prescribing, overuse of antibiotics, and high narcotic prescription volumes. The investigation involved multiple interviews and two practice assessments conducted by an external physician. After reviewing the case, the college’s investigation committee recommended suspending the physician’s medical license until she completed a competency assessment.
On October 18, 2023, the college imposed an interim order requiring the physician to provide only in-person care, limiting her to 40 patients daily. She appealed to the PEI Supreme Court, which heard her motion for a stay in January 2024. The court declined to fully grant the stay but allowed her to provide virtual care solely for relaying test results.
The physician then sought an appeal from the PEI Court of Appeal, arguing that the restrictions were causing irreparable harm to her reputation, finances, and professional standing. She also raised concerns about the college’s repeated issuance of interim orders, which she argued effectively created a semi-permanent restriction on her ability to practice.
The Court of Appeal applied the established legal test for granting a stay and found that the physician’s appeal was serious and not frivolous. The court agreed that the restrictions imposed by the college could cause irreparable harm, particularly given the lack of any prior disciplinary history and the absence of evidence showing harm to patients. Given the ongoing shortage of medical professionals in the region, the court also considered the impact on the physician’s ability to meet the healthcare needs of her rural community.
In granting the stay, the Court of Appeal found that the balance of convenience favoured the physician, allowing her to continue practising without the restrictions imposed by the college. The decision ensures she can maintain her medical practice while the entire appeal process continues.
