Dialogue Volume 15 Issue 1 2019 - Page 54

DISCIPLINE SUMMARIES DR. SUGANTHAN KAYILASANATHAN PRACTICE LOCATION: London AREA OF PRACTICE: General Practice HEARING INFORMATION: Allegations Denied; Contested Hearing (six days) On September 21, 2018, the Discipline Commit- tee found that Dr. Kayilasanathan 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 an act or omission relevant to the practice of medicine that, having regard to all the circum- stances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. The allegations arose from alleged conduct by Dr. Kayilasanathan in relation to Ms A. Dr. Kayilasana- than and Ms A knew each other socially prior to Ms A being seen by Dr. Kayilasanathan on two occasions at a walk-in clinic. These two occasions were one week apart. At both clinic visits, the medical record of Dr. Kayilasanathan established that he took a history and examined Ms A. At both clinical visits, Dr. Kay- ilasanathan provided Ms A with a medical note to excuse her from examinations. It was alleged that Dr. Kayilasanathan and Ms A engaged in sexual inter- course and oral sex on a single occasion between the two clinic visits when Dr. Kayilasanathan and Ms A were in a physician-patient relationship. The Committee concluded that Dr. Kayilasana- than, by his actions in requesting Ms A to attend at his clinic, taking a history and conducting exami- nations, assessing Ms A as a patient and making a diagnosis and treatment plan, creating a medical re- cord which included a plan for a return visit, billing OHIP and providing to Ms A medical notes excusing her because of illness from examinations, established a doctor-patient relationship with her on the date of the first clinic visit, which continued through to the follow-up appointment one week later on the date of the second clinic visit. 54 DIALOGUE ISSUE 1, 2019 DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT The Committee also found that Dr. Kayilasanathan failed to maintain the appropriate boundary between physician and patient in having sexual relations with Ms A after he commenced a doctor-patient relation- ship and for that reason his conduct is disgraceful, dishonourable or unprofessional. ORDER The Discipline Committee ordered the revocation of Dr. Kayilasanathan’s certificate of registration and a reprimand. Dr. Kayilasanathan was also ordered to pay to the College hearing costs in the amount of $46,220. For complete details, please see the full decision at www.cpso.on.ca. Select Find a Doctor and enter the doctor’s name. APPEAL On October 19, 2018, Dr. Kayilasanathan appealed the decision of the Discipline Committee to the Su- perior Court of Justice (Divisional Court). Pursuant to s.71.1 of the Code, an interim suspension of Dr. Kayilasanathan’s certificate of registration remains in effect despite the appeal. DR. CHAUT KHUON PRACTICE LOCATION: Ottawa/Gatineau, Quebec AREA OF PRACTICE: Family Medicine/Emergency Medicine HEARING INFORMATION: Admission; Agreed State- ment of Facts; Joint Submission on Penalty On December 17, 2018, the Discipline Committee found that Dr. Khuon committed an act professional misconduct in that he engaged in an act or omis- sion relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Dr. Khuon admitted that he had failed to declare that he was registered with the Collège des Médecins du Québec (CMQ) or that he held hospital privi-