Dialogue Volume 12 Issue 1 2016 | Page 33

discipline summaries DR. PETER JOHN BROWN Practice Location: London Practice Area: Family Medicine Hearing Information: a. Admission – Disgraceful, Dishonourable, or Unprofessional Conduct b. Contested Hearing (4 days) – Sexual Abuse The Discipline Committee found that Dr. Brown committed acts of professional misconduct, in that he has engaged in the sexual abuse of a patient and he has 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. Brown had admitted to the allegation of disgraceful, dishonourable or unprofessional conduct. He had denied the allegation of sexual abuse. In September 2010, Ms A, a university student, began counselling to deal with ongoing stressors in her life, which caused significant anxiety, with Dr. Brown, a family physician who provided psychotherapy at the Student Health Services. Initially, Ms A had a difficult time opening up to Dr. Brown, but by December 2010, she was willing to talk and share more. By the spring of 2011, Ms A had developed significant trust in Dr. Brown and began experiencing different feelings, in that she had become attracted to him and cared what he thought about her. She had some insight into her feelings for him as she had some knowledge of transference and was aware that transference can arise in counselling situations. Dr. Brown recommended yoga to her as part of therapy but went on to disclose his personal experience and details about where he went. The nature of the professional relationship changed on a day in September 2011, when after a yoga session they attended together, Dr. Brown sat in her car and professed that he had feelings for her. The Committee found that Dr. Brown’s declaration was an expression of romantic feelings and sexual interest towards Ms A and as such, found that Dr. Brown engaged in sexual abuse of his patient by making remarks of a sexual nature. The next day, there were numerous text messages between Ms A and Dr. Brown. Dr. Brown arranged to see Ms A in the office for an appointment two days later. The last office appointment was on a scheduled appointment date the following week. In between the yoga date and the date of the last office appointment, the Committee found that Ms A and Dr. Brown went for walks in the neighbourhood, went to yoga together, held hands, hugged, were affectionate during a hiking trip and, on either the day of the hiking trip or the next day, first engaged in oral sex. The Committee found that Dr. Brown engaged in sexual abuse of Ms A both by touching her in a sexual manner and by engaging in oral sex with her prior to Ms A’s last appointment in September 2011. Dr. Brown admitted that he had sexual intercourse with Ms A on the date of the last office visit and on the next day. The Committee found that Dr. Brown was no longer attending or actively treating Ms A after the date of the last office visit, however, the Committee concluded that the last office visit did not end the professional relationship in the circumstances. The Committee stated that the duration of the professional relationship will depend on the potential for the physician to exploit the trust or emotions of the patient or otherwise use the influence of their previous physician-patient relationship. In such circumstances, the physician-patient relationship endures and the physician remains accountable, whether or not the service provided has ended. The Committee found that the professional relationship between Ms A and Dr. Brown endured beyond the last office visit of September 2011, and was still alive at the time of the last communication between them. Based on these facts, the Committee found that Dr. Brown engaged in sexual intercourse with Ms A after the date of the last office appointment while she was still his patient. Also, the Committee found that Dr. Brown’s inappropriate behaviour and numerous boundary violations clearly supported a finding of disgraceful, dishonourable or unprofessional conduct, as follows: • Dr. Brown shared personal information with Ms A between January and April 2011; • Dr. Brown engaged in encouraging a personal relationship with Ms A by responding to her gift Issue 1, 2016 Dialogue 33