Dialogue Volume 14 Issue 3 2018 - Page 32

DISCIPLINE SUMMARIES DR. WILLIAM ARTHUR DAMIAN BEAIRSTO PRACTICE LOCATION: Toronto AREA OF PRACTICE: General Practice (Psychotherapy) HEARING INFORMATION: Contested Allegations; Five Hearing Days On August 5, 2016, the Discipline Committee found that Dr. Beairsto committed an act of professional misconduct in that he has engaged in the sexual abuse of a patient and in that he has engaged in con- duct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as dis- graceful, dishonourable, or unprofessional. Dr. Beairsto provided psychotherapy to patients in a converted office in his house in Toronto. Between 1997 and 2012, he provided treatment to Patient A in respect of a marital breakdown. The Committee found that he engaged in the fol- lowing misconduct with regard to Patient A during their doctor-patient relationship: Massage Patient A told Dr. Beairsto about her ongoing back pain. Dr. Beairsto suggested that a massage might help alleviate her pain, and he then offered to massage her back. She thought this was weird but she agreed. Patient A testified that she put on a hospital gown but left her bra and underwear on. She lay face down on the examining table. Dr. Beairsto spent 20 minutes rubbing her neck, her back, her sides – including touching the outside of both breasts – and her lower legs. The Committee found that the back massage did take place and that it was inappropriate in the con- text of Dr. Beairsto’s doctor-patient relationship with Patient A. After careful consideration of the evidence heard, the Committee found that, if Dr. Beairsto had touched the sides of Patient A’s breasts during the massage, it was incidental to the massage. Although clearly inappropriate, the massage was not sexualized, did not involve any fondling, and was not found to be touching of a sexual nature. 32 DIALOGUE ISSUE 3, 2018 The Committee, however, found that the back mas- sage was a boundary violation that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Stroking of Buttocks Patient A testified that Dr. Beairsto stroked her but- tocks as she was getting ready to leave the office at the end of a psychotherapy session. Dr. Beairsto had quickly come around his desk and positioned himself so that he had one hand on her buttocks and one hand in front of her, restricting her movement some- what. Patient A testified that this made her feel “like a deer in headlights.” She made an effort to leave the office quickly. The Committee found that Dr. Beairsto touched and stroked Patient A’s buttocks as she described, and that this was not a matter of incidental contact as Dr. Beairsto brushed by her. The Committee found that Dr. Beairsto’s stroking of Patient A’s buttocks at the end of a psychotherapy session with no clinical reason to do so was touching of a sexual nature, constituting sexual abuse within the meaning of the Code. Inappropriate Behaviour During Chest Examination In 2011, Patien ЁɕѼȸ Ѽᅴ)ȁЁ͔ȁɽѥ̸ȸ ȴ)ѼɽѡɽЁȁ͡ЁٔȁɄ)ȁɉȸ Ѽ͵+qݽtͽչѡЁͽչѼȁͽչq)ɽمtݡЁȁЁɕ̸)Q ѕչѡЁȸ Ѽѡ)ɕѥͽչ́ݡՍѥЁᅵ)ѥAѥЁѡЁѡ́ݽձɕɑ)́́ɽɥєչɽͥ)%ɽɥєIɭ)AѥЁѕѥѡЁȸ Ѽݽձ)ЁȁȁȁȁљЁЁٕ٥ͥи)AѥЁѕѥѡЁȸ Ѽѽȃq)܁ѥϊtѡЁ͡qݽձٕȻtQ) ѕչѡа䁵ѡ́ɕɬѼ)AѥЁȸ ѼՍЁѡа)ѡɍյх̰ݽձɕͽ䁉ɕɑ)́́չɽͥ