Dialogue Volume 13 Issue 4 2017 - Page 79

DISCIPLINE SUMMARIES in public washrooms was obviously planned and was an egregious invasion of the privacy of unsuspecting individuals. It spoke to a high level of voyeurism and reckless behaviour. Could Dr. Johnston be trusted in any circumstance where there is the possibility of easy access to children and opportunity for voyeuris- tic actions? The Committee strongly concluded that such trust could not be assured. Physicians, by the very nature of the practice of medicine, have access to their patients’ most private selves and concerns. Physicians observe patients in disrobed states as part of physical examinations and examine body areas of great sensitivity, privacy, and vulnerability. Young children and adolescents are part of a family physician’s practice. Members of the public expect to be able to trust their physicians to utilize their position, knowledge and skills for their patients’ benefit in a respectful and non-prurient way. Dr. Johnston’s misconduct did not engender trust or confidence that he would examine his patients in a manner appropriate to the medical issue at hand. The Committee could not allow the public to be exposed to the risk posed by interactions with a physician who may act to satisfy his non-professional needs and desires. Dr. Johnston could not be allowed to practise when there was no evidence to support confidently that he had confronted and addressed the psychologi- cal factors leading to his behaviour. ORDER In summary, the Committee ordered revocation of Dr. Johnston’s certificate of registration; a reprimand and payment to the College of costs in the amount of $5,000. 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. Johnston waived his right to an appeal and the Committee administered the public reprimand. DR. JAN PIETER LUCAS PRACTICE LOCATION: Toronto AREA OF PRACTICE: Anesthesiology HEARING INFORMATION: Agreed Statement of Facts, Admission, Joint Submission on Penalty On October 27, 2016, the Discipline Committee found that Dr. Lucas committed an act of profession- al misconduct, in that he has failed to maintain the standard of practice of the profession, including with respect to his infection control practices, documenta- tion, and preoperative assessments. Dr. Lucas admitted to the allegations. Dr. Lucas provided anesthesiology services at Downsview Endoscopy Clinic (DEC) in Toronto. He resigned his CPSO membership in 2013, when he was 83 years old, and has not practised medicine since. In August 2014, the College received a letter from Toronto Public Health reporting that three patients had been infected with Hepatitis C virus after under- going endoscopy procedures at DEC. The letter led to the initiation of an investigation by the College. Toronto Public Health Investigation On June 6, 2013, a patient who had undergone a colonoscopy at DEC on December 7, 2011 was reported to Toronto Public Health as Hepatitis C virus positive (“Patient 1”). Toronto Public Health commenced an investigation. By matching patient lists and records of reported Hepatitis C virus cases, Toronto Public Health determined that three other patients who had undergone endoscopic procedures at DEC on December 7, 2011 were also Hepatitis C virus positive. Two of those patients (Patient 2 and Patient 3) were reported Hepatitis C virus positive after their procedures at DEC. The other patient (“Patient 0”), who had been seen prior to Patients Full decisions are available online at www.cpso.on.ca. Select Doctor Search and enter the doctor’s name. ISSUE 4, 2017 DIALOGUE 79