Administrative Law - OPSDT

In a professional discipline proceeding, the registrant entered a no contest plea to allegations that he knowingly submitted false OHIP claims for services not rendered while practising emergency medicine and then failed to cooperate with the regulatory investigation.

The Tribunal accepted uncontested facts showing unsupported billings, including claims for patients the registrant did not treat, dates on which patients were not present, and procedures unsupported by any charting, together with repeated refusals to attend an interview or answer detailed written questions.

Applying the Anthony-Cook framework to a joint penalty submission, the Tribunal held that revocation, a reprimand, and tariff costs would not bring the administration of the discipline system into disrepute.

The registrant’s certificate of registration was revoked immediately and costs of $6,000 were ordered.

The College alleged that the registrant physician sexually abused a female patient and failed to maintain the standard of practice during a prenatal appointment.

The Tribunal found that the registrant's examination of the patient's breasts through her clothing and his persistence in examining her spine despite her objections failed to meet the standard of practice.

The Tribunal also found that the substandard breast exam, performed without adequate consent, constituted disgraceful, dishonourable, or unprofessional conduct.

However, the Tribunal concluded that the College did not prove the allegations of sexual abuse, as the breast touching was not of a sexual nature and the evidence regarding genital touching was insufficiently reliable.