discipline summaries
penalty imposed and remitted the matter to the Discipline Committee to impose a new penalty. Costs of the appeal fixed at $ 7,500 were awarded to the College. On January 30, 2017, Dr. Peirovy filed a motion for leave to appeal the decision of the Divisional Court to the Court of Appeal and for an order staying the decision of the Divisional Court pending leave, and if leave is granted, pending the disposition of the appeal.
Dr. MICHAEL VARENBUT
Practice Location: Richmond Hill
Area of Practice: Family Medicine( Addiction Medicine)
Hearing InformATion: Agreed STATement of fAcTS, Admission, Joint Submission on Penalty
On November 20, 2015, the Discipline Committee found that Dr. Michael Varenbut committed an act of professional misconduct, in that 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. Varenbut admitted the allegation. Between approximately 2005 and 2013, Dr. Varenbut held appointments at various times at six hospitals and a university. In that time, he failed to disclose, in certain applications for renewal of privileges or appointment at a number of different institutions, that he had been the subject of College investigations in the previous year, or that restrictions had been imposed on his certificate of registration, where that information was required to be disclosed. Dr. Varenbut did disclose in his applications, where appropriate, the existence of his College Discipline Committee finding. Dr. Varenbut also provided his consent to allow the hospital / institution to obtain information from the College in relation to College matters, where this was sought. Dr. Varenbut did not exercise his hospital privileges during the relevant time period and had no clinical patient responsibility in any of the hospitals / institutions.
The appointments were obtained and maintained as a corollary to his teaching appointments or so that if a patient on methadone in the community required hospitalization, a physician qualified in methadone treatment would be available to provide a prescription for methadone while the patient was hospitalized. On February 19, 2013, the Discipline Committee had found that Dr. Varenbut engaged in professional misconduct in relation to his failure to maintain the standard of practice of the profession arising out of a patient’ s access to care. In February of 2013, Dr. Varenbut had an academic appointment at the University. The University procedures required clinical faculty to report decisions of the Discipline Committee to the Department Chair within seven days. In July of 2012, Dr. Varenbut reported the discipline referral to his academic supervisor at the University. He also voluntarily relinquished his academic role and took a voluntary one-year sabbatical, pending the outcome of the discipline referral. On April 19, 2013, two months after the Discipline Committee finding against him, Dr. Varenbut received a letter from the Chair of the Department expressing concern that he had not disclosed his discipline finding to her directly within seven days as required pursuant to the procedure manual. Prior to this letter, Dr. Varenbut had not notified the Department Chair of the discipline finding. Dr. Varenbut admitted that he engaged in professional misconduct by failing to provide complete and / or accurate information in a timely manner to the University and / or hospitals where he had an academic appointment and / or from whom he sought reappointment.
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 elements of which included a three-month suspension, a recorded public reprimand and payment of costs to the College of a single hearing day at the tariff rate of $ 4,460. At the core of the privilege of self-regulation is the requirement to protect the public through regulation of the membership. The College must demonstrate to the public that regulations enacted and procedures adopted for its protection will be enforced and that
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Dialogue Issue 1, 2017