Dialogue Volume 13 Issue 2 2017 - Page 60

discipline summaries In summary, the Committee ordered a public reprimand; a five-month suspension of Dr. Hui’s certificate of registration; individualized instruction in medical ethics; a practice monitor to review his OHIP billings for one year; and $5,000 in costs. At the conclusion of the hearing, Dr. Hui waived his right to appeal and the Committee administered the public reprimand. Order For complete details of the Order, please see the full decision at www.cpso.on.ca. Select Doctor Search and enter the Doctor’s Name. Dr. JUDI DIANNE MARCIN Practice Location: Woodstock Area of Practice: General Practice Hearing Information: Agreed Statement of Facts, Plea of No Contest, Joint Submission of Penalty On March 30, 2016, the Discipline Committee found that Dr. Judi Marcin committed acts of professional misconduct, in that she has been found guilty of an offence relevant to her suitability to practice; engaged in conduct which would reasonably be regard by members as disgraceful, dishonourable or unprofes- sional; failed to maintain the standard of practise of the profession; contravened terms, conditions, or limi- tations on her certificate of registration; and engaged in conduct unbecoming a physician. The Committee also found that Dr. Marcin is incompetent. Criminal Conviction On March 22, 2012, Dr. Marcin was convicted of defrauding the Ministry of Health and Long-Term Care of $100,356.60 contrary to s. 380(1)(a) of the Criminal Code. Dr. Marcin received a suspended sentence and 18 months’ probation. She was ordered to perform 100 hours of community service and to make $100,356.60 in restitution. In relation to this misconduct, the Committee found that Dr. Marcin committed an act of professional misconduct in 60 Dialogue Issue 2, 2017 that she: has been found guilty of an offence that is relevant to her suitability to practise; engaged in con- duct which would reasonably be regard by members as disgraceful, dishonourable or unprofessional; and engaged in conduct unbecoming a physician. In making these findings, the Committee noted that, by repeatedly billing for services which she did not provide, Dr. Marcin was purposefully dishonest and demonstrated a profound disregard of her professional responsibility. Such misconduct is extraordinarily seri- ous. It erodes the public’s trust in the medical profes- sion and impedes the proper function of the health- care system. Cheating OHIP is a breach of trust with patients, the profession, and society at large. Dr. Marcin and Patient A In the course of the criminal investigation regard- ing OHIP fraud, while executing a search warrant upon Dr. Marcin’s home on March 30, 2011, police retrieved a number of documents related to one of Dr. Marcin’s patients, Patient A. The materials included letters from Patient A in which he refers to Dr. Marcin as “my dearest and sweetest.” Patient A described “four beautiful days” away with Dr. Marcin in 2010 at a particular ho- tel, Hotel Z, and referred to “making love to [Dr. Marcin] orally” and her reciprocating oral sex. The letters describe how their professional relationship turned into a romantic relationship, and how she asked him to go away with her. Patient A described how he loved her deeply as his future bride. The let- ters refer to email communications between the two, and requests that she delete all previous emails and communicate through a shared email account with a shared password. The materials seized also contained photographs of Patient A and Dr. Marcin at Hotel Z and a card entitled “Love Forever”. Upon retrieving this material, Detective Constable Y reported what she had found to the College and the College commenced an investigation regarding Dr. Marcin’s relationship with Patient A. Patient A began seeing Dr. Marcin in 2002 after he was referred to her by a counsellor at a residen- tial treatment centre where he had been receiving treatment for addiction. Dr. Marcin was Patient A’s psychotherapist as well as his family doctor. In approximately March 2010, Patient A told Dr.