DISCIPLINE SUMMARIES
engaged in by Dr. Dubins brings into disrepute the
reputation of the profession as a whole. The jointly
submitted penalty proposed in conjunction with the
undertaking to resign and never to re-apply will con-
vey to the public and the profession that a physician
who engages in such misconduct will not be permit-
ted to remain a member of the profession.
Aggravating factors in this case include the following:
1. Dr. Dubins had previously been cautioned in
person by the Complaints Committee, in Janu-
ary 1995. The complainant at that time was
also received smoking cessation therapy and
complained of the excessively graphic and sexual
images during the aversion therapy. The Com-
mittee was struck by the similarities of this past
example of misconduct to the current case, and
was appalled by Dr. Dubins’ insensitivity and
poor judgment. Dr. Dubins displayed a disre-
gard for the authority of the College as a self-
regulatory body by his failure to comply with
the earlier caution from the College. A physician
must accept the authority of his regulatory body.
Disregard for that authority is considered very
seriously by the Committee. It puts the public at
risk and can erode the confide nce that the public
must have in the College to regulate the profes-
sion in the public interest.
2. The context of the treatment in this case is
hypnotherapy, where patients relinquish control
and are in a very vulnerable state. It is particu-
larly important that physicians recognize and not
abuse the vulnerability of their patients under
hypnosis (or in any other situation). Particularly
concerning was Dr. Dubins’ instruction to his
patient to undo his belt and pants button and
lower his fly while he was undergoing the hyp-
nosis, and not before. The patient would have
been most influenced by suggestion during the
hypnosis.
3. Dr. Dubins exposed his patients to unnecessary
harm. The expert witness concluded that the reli-
ance upon sexually-themed aversive imagery was
excessive, not specifically required for positive
clinical effect, and, in some cases, could render
the treatment ineffective. But most importantly,
this treatment could be harmful. Patients with a
history of anxiety and depression who are known
to have difficulty in stopping smoking would
be at highest risk for an adverse effect from Dr.
Dubins’ approach to treatment.
The only mitigating factor in this case is Dr.
Dubins’ admission of his misconduct. He accepted
responsibility for his actions, did not dispute the
facts, and his admission saved the time and some of
the expense of a lengthy hearing. Most importantly,
it spared the patient and other witnesses from the
need to testify.
The immediate and permanent resignation of Dr.
Dubins from the practice of medicine made it unnec-
essary to consider the imposition of an order of revo-
cation, that otherwise may have been imposed. The
departure of Dr. Dubins from the practice of medi-
cine will demonstrate to the profession and the pub-
lic that the disgraceful behaviours exhibited by Dr.
Dubins will not be tolerated. Given the undertaking
to resign and never to re-apply to practise medicine
signed by Dr. Dubins, the Committee concluded that
the jointly-proposed penalty of a reprimand was an
appropriate penalty in the circumstances.
Regarding costs, the Committee found that having
regard to the serious findings made of professional mis-
conduct, it was appropriate that Dr. Dubins should pay
$5,000 of the costs incurred by the College in this case.
ORDER
In summary, it was ordered that Dr. Dubins appear
before the panel to be reprimanded; and pay to the
College costs in the amount of $5,000.
On August 29, 2016, Dr. Dubins executed an
undertaking with the College to resign and never
re-apply to practise medicine in Ontario or any other
jurisdiction, effective August 29, 2016.
For complete details of the Order, please see the
full decision at www.cpso.on.ca. Select Find a Doctor
and enter the doctor’s name.
At the conclusion of the hearing, Dr. Dubins waived his
right to an appeal and the Committee administered the
public reprimand.
Full decisions are available online at www.cpso.on.ca.
Select Doctor Search and enter the doctor’s name.
ISSUE 4, 2017 DIALOGUE
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