Dialogue Volume 14 Issue 3 2018 - Page 30

DISCIPLINE SUMMARIES to a patient and providing indirect instructions to the nursing staff. When the patient had left, Dr. Baird asked the nursing staff whether the instructions were under- stood. Nurse A jokingly stated that she did not understand. Dr. Baird turned around in his chair to face Nurse A, patted his knees and said: “Nurse A come and sit on my lap so that I can spank you.” This comment was made in front of the nursing staff and two patients. Nurse A and her nursing colleagues then left the area. Nurse A was upset and offended as a result of Dr. Baird’s comments. At the end of the shift, Nurse A informed Dr. Baird that she felt uncomfortable, embarrassed and insulted by his comments. Dr. Baird apologized and stated that it should be taken as a joke. Nurse A filed a formal complaint against Dr. Baird. As a result of the complaint, Dr. Baird agreed to provide a formal letter of apology and to seek profes- sional coaching with respect to eliminating inap- propriate comments in the workplace, demonstrat- ing professional conduct and developing a sense of empathy in order to understand how his comments can impact others. Dr. Baird successfully completed the professional coaching. Recent amendments to the RHPA expand the range of sexual acts that are subject to mandatory revoca- tion. The sexual abuse found in this matter – remarks of a sexual nature made by Dr. Baird to Patient A – requires a reprimand, but does not require manda- tory revocation. The appropriateness of the penalty of suspension of Dr. Baird’s certificate of registration in the circumstances of this case was not at issue; rather, the length of the suspension and other aspects of the order were in dispute. ORDER The Discipline Committee ordered: a two-month suspension of Dr. Baird’s certificate of registration; successful completion of individualized instruction in medical ethics; a reprimand; reimbursement to the College for funding provided to Patient A, by post- ing an irrevocable letter of credit in the amount of $16,060.00. Dr. Baird was also ordered to pay costs to the College in the amount of $5,500.00. For complete details, please see the full decision at 30 DIALOGUE ISSUE 3, 2018 www.cpso.on.ca. Select Find a Doctor and enter the doctor’s name. At the conclusion of the hearing, Dr. Baird waived his right to an appeal and the Committee administered the public reprimand. DR. PETER PAUL BARANICK PRACTICE LOCATION: Ottawa AREA OF PRACTICE: General Practice HEARING INFORMATION: Admission; Agreed Statement of Facts; Joint Submission on Penalty On June 12, 2017, the Discipline Committee found that Dr. Baranick committed an act of professional misconduct in that he has failed to maintain the standard of practice of the profession. Dr. Baranick is a general practitioner practising at Appletree Medical Walk-in Clinics in Ottawa. He obtained his medical degree from the University of Ottawa in 1973 and has held an independent prac- tice certificate from 1979 to 1982 and from 1989 to present. 2012 Practice Re-Assessment On February 15, 2010, Dr. Baranick signed an undertaking with the College to practise under clini- cal supervision, to successfully complete a medical record-keeping and an ethics course, and to undergo a re-inspection of his practice. The College retained an independent medical expert to conduct the re-assessment of Dr. Baranick’s practice pursuant to the 2010 undertaking. The med- ical expert indicated that although Dr. Baranick is an experienced clinician who has worked in primary patient care for most of his career, he had recently made the transition from working in the emergency department of a hospital to seeing unscheduled pa- tients in a number of ambulatory clinics. The medical expert reported that Dr. Baranick ad- mitted that he sees too many patients during his shifts, and this may be one factor that has resulted in poor