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Protecting the Public Protecting The Public

Mr. Jose Orti

Summary Gender: Male
Language(s): English
Registration Information Registration Number: 528-89
Status: Resigned
Effective: 07/22/2010
Discipline History & Registration Restrictions: Yes
Conditions & Limitations: No
Undertakings: No
Registration Details
Registration History Date of Change
Resigned
Discipline History & Registration Restrictions

Past Findings of the Discipline or Fitness To Practise Committee

Discipline Referral Date: November 10, 2003

Allegation

1. At all material times Jose Orti was a denturist practising in Ottawa, ON; 2. Mr. Orti is not registered as a dentist in Ontario; 3. From about 2001 to 2003 Mr. Orti exceeded the scope of practice of a denturist and held himself out as capable of practicing dentistry in respect of patients, including injecting anaesthetics or other substances and performing procedures on teeth; 4. Particulars of patients currently knows to the College include the following: PL, DW and SW; 5. In addition, Mr. Orti assisted or permitted an unregistered dentist, AH, to perform extensive dental procedures on a patient or patients in his office; 6. Particulars of the patient currently known to the College is: SM; 7. The resulting quality of care to these patients was potentially and actually jeopardized; 8. The conduct alleged constitutes professional misconduct as defined in paragraphs 2, 11, 12, 13, 14, 15 33, 47 of Ontario regulation 854/93 as amended, made under the Denturism Act.

Hearing Date: 12/11/2003

Decision Date: December 11, 2003

Decision and Reasons

Joint Submission on Finding: The parties, after receiving legal advice from their respective counsel, agree to the following facts, for the purpose of this proceeding only and to the Discipline Panel making the following finding: 1. At all material times Joe Orti was a registered denturist practising in Ottawa, ON; 2. Mr. Orti is not registered as a dentist in Ontario, however; Mr. Orti was trained as a dentist in Ecuador. 3. In respect of the following three patients, the parties agree: (a) in respect of patient PL, Mr. Orti in or about May 2002 permanently affixed two bridges to natural dentition, the process for which included the procedures of drilling into natural teeth and injecting local anaesthetic; (b) in respect of patient DW, Mr. Orti in or about February 2003 applied a fixed prosthesis, in the form of a capped tooth to a natural tooth which included the procedures of grinding down the natural tooth to accommodate the fixed prosthesis and injecting local anaesthetic; and (c) in respect of patient SW, Mr. Orti in April 2003 performed procedures on at least 6 natural teeth including grinding down and capping them. In addition, Ms. SW believed Mr. Orti to be a dentist based on his verbal representations. Mr. Orti asserts that he clarified that he was only a foreign trained dentist. 4. Mr. Orti permitted in or about May 2003 AH, to perform extensive dental procedures on a patient, SM in Mr. Orti's office. These procedures included removing natural teeth and inserting implants into the jaw. Mr. Orti videotaped the procedure. SM experienced pain and was refunded his money. Mr. Orti knew that AH was not registered as a general dentist in Ontario but accepted too readily AH's assertion that he was licensed to demonstrate implant procedures. Numbers 3 and 4 (above) constitute professional misconduct and that finding was made.

Order: The Discipline Panel orders that the Registrar be directed to suspend Mr. Orti's certificate of registration for a period of three months commencing immediately; that the Registrar be directed to impose a term, condition, limitation on his certificate of registration that during the period between Feb 10, 2004 and ending Feb 9, 2007, he must submit and fully cooperate with up to two unannounced inspections per each 365 days at his own expense to review his records, premises, equipment, and practice to ensure he is practising appropriately within his scope of practice; he must complete at his own expense, a jurisprudence/ethics course acceptable to the Registrar, the course shall be completed by June 2005, that within 15 days of the date of this Order, Mr. Orti must disable the x-ray machine in one of his two operatories and that he not see any patients in the operatory that is equipped with functioning x-ray equipment except in the presence of a dentist registered in Ontario; that he remove all x-ray machines from his premises within 12 months of the date of this order if he continues to practice there beyond such 12 month period and that he not reintroduce x-ray machines into any premises owned or operated by him without the prior written consent of the Registrar and finally, the Panel orders that Mr. Orti pay to the College $3,800.00 towards its costs and expenses for investigating and hearing this matter, payment shall be made within 30 days of this order.

Conditions and Limitiations
the Registrar be directed to impose a term, condition, limitation on his certificate of registration that during the period between Feb 10, 2004 and ending Feb 9, 2007, he must submit and fully cooperate with up to two unannounced inspections per each 365 days at his own expense to review his records, premises, equipment, and practice to ensure he is practising appropriately within his scope of practice; he must complete at his own expense, a jurisprudence/ethics course acceptable to the Registrar, the course shall be completed by June 2005, that within 15 days of the date of this Order, Mr. Orti must disable the x-ray machine in one of his two operatories and that he not see any patients in the operatory that is equipped with functioning x-ray equipment except in the presence of a dentist registered in Ontario; that he remove all x-ray machines from his premises within 12 months of the date of this order if he continues to practice there beyond such 12 month period and that he not reintroduce x-ray machines into any premises owned or operated by him without the prior written consent of the Registrar and finally, the Panel orders that Mr. Orti pay to the College $3,800.00 towards its costs and expenses for investigating and hearing this matter, payment shall be made within 30 days of this order.

Appeal: No

Suspension Start Date: October 11, 2003

Suspension End Date: February 9, 2004