Dialogue Volume 14 Issue 2 2018 - Page 77

DISCIPLINE SUMMARIES the trial judge found that “the degree of responsibil- ity attributable to the accused is at the high end of the scale – a deliberate breach of trust by a person of significant power and authority.” The trial judge found that aggravating factors in- cluded that the victims’ age, the accused was in a po- sition of trust, the offences had considerable impact on the victims, and that the assaults were persistent and lengthy, and planned and deliberate. ORDER The Discipline Committee ordered: revocation of Dr. Sanchez’s certificate of registration; a reprimand; and pay- ment to the College for costs in the amount of $5,500. At the conclusion of the hearing, Dr. Sanchez waived his right to an appeal and the Committee administered the public reprimand. DR. REZA YAGHINI PRACTICE LOCATION: Thornbury AREA OF PRACTICE: Family Medicine HEARING INFORMATION: Admission, Agreed Statement of Facts; Joint Submission on Penalty On February 13, 2017, the Discipline Committee found that Dr. Yaghini committed an act of profes- sional misconduct in that he engaged in an act or omission relevant to the practise of medicine that, having regard to all the circumstances, would reason- ably be regarded by members as disgraceful, dishon- ourable or unprofessional. Dr. Yaghini is a family doctor who currently pro- vides locum services to emergency departments in various hospitals in Ontario. At the relevant time, Dr. Yaghini practised in association with a group of physicians in a family health group in Thornbury, Ontario. The Group was composed of a number of physicians, including Dr. X and Dr. Yaghini. At the relevant time, Dr. Yaghini also had privileges at the Grey Bruce Health Ser- vices, (“the hospital”). Dr. Yaghini had access to the hospital’s electronic medical records system (EMR). Personal medical records pertaining to Dr. X were stored in the hospital’s EMR. In the period preceding the events at issue in this hearing, the personal and professional relationship between Dr. X and Dr. Yaghini had deteriorated and become very poor. On September 17, 2014, the Chief of Staff of the hospital contacted the College to advise that the hospital had determined that Dr. Yaghini had accessed Dr. X’s personal health records through the hospital’s EMR on June 9, 2013. The access by Dr. Yaghini was in breach of the hospital’s policy on access to personal health information. Dr. Yaghini was not authorized to view Dr. X’s personal health records. Dr. Yaghini acknowledged that he had no justifica- tion for viewing the personal health records of Dr. X. Effective November 29, 2014, Dr. Yaghini agreed to voluntarily resign his privileges at the hospital at the request of the Chief of Staff. Dr. Yaghini’s explanation for viewing the personal health records of Dr. X is that, in the context of their deteriorating rel ationship, Dr. Yaghini accessed the record because of his perception of ongoing bully- ing and harassing behaviour by Dr. X towards him. This perception caused Dr. Yaghini to be concerned about his well-being and to question whether Dr. X might have a health issue that was motivating Dr. X’s behaviour towards him. For this reason, Dr. Yaghini decided to access Dr. X’s personal health records. On January 29, 2015, Dr. Yaghini completed a course about confidentiality of patient information. ORDER The Committee ordered: a three-month suspension on Dr. Yaghini’s certificate of registration; successful completion of individualized instruction on medical ethics; a reprimand; and payment of costs to the Col- lege in the amount of $5,000. At the conclusion of the hearing, Dr. Yaghini waived his right to an appeal and the Committee administered the public reprimand. ISSUE 2, 2018 DIALOGUE 77