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.
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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