discipline summaries
both the general and specific deterrence elements of
an appropriate penalty. The undertaking to remain
under supervision (which includes direct observation
of clinical encounters), to engage in remedial education and to be monitored and re-assessed, provides
the necessary public protection, as well as remediation and rehabilitation. Finally, the publication of
the terms and conditions on Dr. Aziz’s certificate of
registration means that the information is available
to the public, thereby providing a necessary degree of
transparency.
The requirement to pay costs to the College of
$4,460, representing the tariff for a single day of
hearing costs and partial recovery of the costs of conducting a hearing, is appropriate and consistent with
the Committee’s previous practice and decisions.
Order
The Discipline Committee ordered and directed that:
1. The Registrar suspend Dr. Aziz’s certificate of registration for a period of three months.
2. The Registrar impose the terms of Dr. Aziz’s undertaking with the College dated November 21,
2013 as terms, conditions and limitations on Dr.
Aziz’s certificate of registration. The Undertaking
has been in effect since November 21, 2013. All
steps taken by Dr. Aziz between November 21,
2013 and September 17, 2014 in satisfaction of
the undertaking will be deemed to have been made
in satisfaction of this Order. The period of clinical supervision provided for in the undertaking
will be suspended during the period of suspension
referred to in this Order.
3. Dr. Aziz appear before the Discipline Committee
to be reprimanded.
4. Dr. Aziz to pay costs to the College in the amount
of $4,460 within 60 days of the date of this Order.
At the conclusion of the hearing, Dr. Aziz waived his right
to an appeal and the Committee administered the public
reprimand.
Key Reprimand Points
• Th
e Committee emphasized that in order to govern
the medical profession, the College must rely on
cooperation of its members.
• Dr. Aziz’s failures were disrespectful and a flagrant
disregard of his legal responsibility to the College.
• Among the College’s responsibilities is that of
ensuring that physicians practice to the standard
of the profession. The Committee is satisfied that
the provisions of Dr. Aziz’s undertaking, and of its
order, will assist in his return to that standard.
DR. ANDREW PAUL JOSEPH
FINNEGAN
Practice Location: Toronto
Area of Practice: Psychiatry
Hearing Information: Agreed Statement of Facts,
Admission, Joint Submission on Penalty
On December 15, 2014, the Discipline Committee
found that Dr. Finnegan committed acts of professional misconduct, in that he sexually abused a patient;
and he 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 unprofessional. Dr. Finnegan admitted to the allegations.
Patient A attended for psychoanalysis at Dr.
Finnegan’s office from December 1983 to April 1995.
Between the fall of 1994 and April 1995, Dr. Finnegan
and Patient A had a sexual relationship involving sexual
intercourse on a regular basis, while still continuing
their psychoanalytic relationship. Patient A ended
the psychoanalytic relationship in April 1995. The
sexual relationship continued up until 2003 when Dr.
Finnegan broke off the relationship with Patient A.
Reasons for Penalty
Counsel for the College and counsel for the member
made a joint submission as to an appropriate penalty
and costs order.
The Code contains penalties specific to findings of
sexual abuse. The Code requires a panel to revoke the
Full decisions are available online at www.cpso.on.ca.
Select Doctor Search and enter the doctor’s name.
Issue 4, 2015 Dialogue
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2015-12-16 9:36 AM