Dialogue Volume 14 Issue 4 2018 - Page 68

DISCIPLINE SUMMARIES ORDER The Committee ordered: a three-month suspension on Dr. Kesarwani’s certificate of registration; a rep- rimand; successful completion of a course in ethics and professionalism; requirement to obtain approval from the College’s Out of Hospital Premises program before resuming the role of medical director in an OHP; and payment to the College for costs in the amount of $5,500. For complete details, 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. Kesarwani waived his right to an and the Committee administered the public reprimand. DR. RODION ANDREW KUNYNETZ PRACTICE LOCATION: Barrie AREA OF PRACTICE: Dermatology HEARING INFORMATION: Allegations Denied; Contested Hearing (38 Hearing Days) On March 21, 2017, the Discipline Committee found that Dr. Kunynetz committed an act of professional misconduct in that he: engaged in sexual abuse of a patient; engaged in conduct 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 disgraceful, dishonourable or unprofes- sional; contravened a term, condition or limitation on his certificate of registration. SEXUAL ABUSE Patient B alleged that during a dermatological examina- tion, Dr. Kunynetz put his hands inside her bra and "fondled” her breasts. The Committee found there was no clinical justification for the touching by Dr. Kuny- netz of Patient B’s breasts in the manner described by Patient B. The Committee did not accept as credible Dr. Kunynetz’s rationalization for doing so. Therefore, the Committee found that Dr. Kunynetz engaged in sexual abuse in his touching of the breasts of Patient B. 68 DIALOGUE ISSUE 4, 2018 DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT i) Removal of clothing of Patients A and D without due warning or consent The Committee found that the absence of adequate warning or explanation to two of the complainants (Patients A and D) by Dr. Kunynetz before mov- ing or removing their clothing, constitutes conduct that would be reasonably be regarded by members as disgraceful, dishonourable or unprofessional. ii) Physical contact between Dr. Kunynetz’s lower abdomen and Patients C and D without warning, apology or excuse Two of the complainants (Patients C and D) testified that Dr. Kunynetz pressed himself against their legs in such a way that they could feel his penis pressing against them. Dr. Kunynetz denied that he had intentionally pushed his genitalia against the patients, and argued that he could not physically do so, even by accident because of his size, and in particular, the presence of a “pannus” or fat apron, which would be interposed between his genitalia and the patients’ legs, and thus prevent his penis being felt. The Committee concluded that the impossibility of contact, between the doctor's penis and a patient’s skin (through clothing) was not established. The Committee found that there had been contact between the patients and that part of Dr. Kuny- netz’s lower abdomen at the level of his pelvis, causing the patients distress. The Committee did not find that there was intentional touching of Dr. Kunynetz’s geni- talia against the body of Patients C and D. However, the Committee was of the view that the failure to make attempts to ensure contact did not occur or to apologize if it occurred accidentally, represented an unaccept- able level of insensitivity on the part of Dr. Kunynetz. Therefore, the Committee found that the contact which occurred between Dr. Kunynetz and Patients C and D would be reasonably regarded by members as disgrace- ful, dishonourable or unprofessional. CONTRAVENED A TERM, CONDITION AND LIMITATION Dr. Kunynetz admitted that he saw and provided advice to two female patients after he had executed an undertaking to only see such patients in the presence of an approved chaperone. The Committee found