DISCIPLINE COMMITTEE OF THE ROYAL COLLEGE OF DENTAL SURGEONS OF ONTARIO
IN THE MATTER OF: A Hearing held pursuant to the provisions of the Health Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18 (“Code”)
AND IN THE MATTER OF: the Dentistry Act and Ontario Regulation 853, Regulations of Ontario, 1993, as amended (“Dentistry Act Regulation”)
BETWEEN:
Royal College of Dental Surgeons of Ontario
-and-
Dr. Amir Abbas Haydarian
REASONS FOR DECISION ON MOTION
RESTRICTION ON PUBLICATION
In the matter of the Royal College of Dental Surgeons of Ontario and Dr. Amir Haydarian the Discipline Panel ordered, under ss 45(3) of the Health Professions Procedural Code, that no person shall publish or broadcast the identity of any patients of the Registrant, or any information that could disclose the identity of any patients who are named in the Notice of Hearing and/or the Agreed Statement of Facts in this matter.
PANEL MEMBERS:
Dr. Richard Hunter (Chair)
Ms. Judy Welikovitch, Public Member
Dr. Nancy Di Santo, Professional Member
Dr. Nalin Bhargava, Professional Member
Mr. Rod Stableforth, Public Member
APPEARANCES:
Ms. Linda Rothstein and Ms. Glynnis Hawe, for the College
Mr. Symon Zucker, for Dr. Amir Haydarian
Ms. Luisa Ritacca, Independent Legal Counsel
Heard: February 16, 2023, in writing
Decision Date: February 16, 2023
Release of Written Reasons: February 16, 2023
REASONS FOR DECISION ON MOTION FOR IMMEDIATE SUSPENSION
OVERVIEW
(1) On January 23, 2023, this Panel released its Reasons for Decision, wherein it found Dr. Haydarian had a sexual relationship with a patient, which ultimately resulted in the patient becoming pregnant with the Member’s child. Having engaged in sexual intercourse with his patient, the Panel held that Dr. Haydarian had sexually abused a patient, contrary to section 51(1)(b.1) of the Code.
(2) By way of written motion, the College seeks an immediate interim order suspending Dr. Haydarian’s certificate of registration until a final penalty has been ordered. Further, the College asks that the penalty hearing be scheduled on an expedited basis.
(3) The Member does not oppose the College’s requests.
DECISION AND DISCUSSION
(4) The Panel grants the College’s request and orders an immediate interim suspension of Dr. Haydarian’s certificate of registration. Further, the Panel directs that the penalty hearing for this matter be scheduled on an expedited basis.
(5) Section 51(4.2) of the Code provides that where a member of the College is found to have sexually abused a patient and where the sexual abuse involves intercourse, the Panel shall immediately make an interim order suspending the member’s certificate of practice.
(6) Given the mandatory language of the Code, the Panel is obligated to impose the interim order. The Panel has no discretion in this regard.
(7) Further, with respect to the request for an expedited penalty hearing, the Panel has provided the Hearings Office with its availability. We understand that the Hearings Office is currently in the process of canvassing dates with the parties. We direct that the parties make best efforts to be available for the penalty hearing as soon as can be arranged.
I, Dr. Richard Hunter, sign these Reasons for Decision as Chairperson of this Discipline Panel.