discipline summaries relevant to a physician’ s suitability to practise than a finding, as in this case, that he has assaulted his patients in his office during the course of a medical examination. For these reasons, the Committee finds the allegation that Dr. Peirovy is guilty of offences relevant to his suitability to practise is proven.
Submissions for Penalty Counsel for the College submitted that Dr. Peirovy’ s certificate of registration should be revoked. The College also sought an order that he be reprimanded, that he reimburse the College for funding for counselling provided to patients, that he post security to satisfy these obligations, and that he pay the costs of the hearing. Counsel for Dr. Peirovy submitted that revocation of Dr. Peirovy’ s certificate of registration was not warranted. Defence counsel instead sought a composite penalty consisting of suspension of Dr. Peirovy’ s certificate of registration for four months, a public reprimand, and conditions on Dr. Peirovy’ s certificate of registration including that he continue to have his interactions with female patients supervised by a female chaperone for at least one year; that he continue his work with Dr. D on issues of consent, boundaries, and doctor-patient communication; that he have his technique of chest examination reviewed and assessed by a family physician selected by Dr. D; and that he participate in individual psychotherapy as required. Dr. Peirovy also agreed with the College’ s request that he reimburse the College for funding for patients’ therapy and for the costs of the hearing.
Decision on Penalty The Committee found that revocation of Dr. Peirovy’ s certificate of registration was not warranted. The Committee ordered that Dr. Peirovy’ s certificate of registration be suspended for six months, that he appear before the Committee to be reprimanded, and that his certificate of registration be subject to a number of conditions.
The conditions on Dr. Peirovy’ s certificate of registration are to include:
• not engaging in any professional encounters with female patients unless the patient encounter takes place in the presence of a monitor who is a female member of a regulated health profession;
• posting signs in his practice visible to patients that state that he is only allowed to professionally engage with female patients in the presence of a practice monitor;
• submitting to, and not interfering with, unannounced inspections of his practice locations and to inspections of patient charts by the College and to any other activity the College deems necessary, including simulated patients, in order to monitor Dr. Peirovy’ s compliance with the terms of this Order;
• continuing to undergo individualized instruction with Dr. D on issues of consent, the maintenance of boundaries, and doctor-patient communication;
• participating in a clinical education program, directed by a supervisor acceptable to the College, regarding the issue of physical examination, with particular focus on issues of the sexual privacy of and sensitivity to female patients.
The Committee also directed that Dr. Peirovy reimburse the College for funding for patients therapy, pursuant to the program required under section 85.7 of the Code, and that he post an irrevocable letter of credit or other security acceptable to the College to guarantee payment, in the amount of $ 64,240.
The Committee directed that Dr. Peirovy pay costs to the College in the amount of $ 35,680.
Appeals On August 7, 2015, Dr. Peirovy appealed the decision on finding of the Discipline Committee to the Superior Court of Justice( Divisional Court). On May 24, 2016, the College of Physicians and Surgeons of Ontario appealed the decision on penalty of the Discipline Committee to the Superior Court of Justice( Divisional Court). On June 27, 2016, Dr. Peirovy abandoned his appeal to the Superior Court of Justice( Divisional Court). On January 17, 2017, the Divisional Court granted the College’ s appeal of the penalty decision, quashed the
Full decisions are available online at www. cpso. on. ca. Select Doctor Search and enter the doctor’ s name.
Issue 1, 2017 Dialogue 71