discipline summaries
In summary, the Committee ordered a public
reprimand; a five-month suspension of Dr. Hui’s
certificate of registration; individualized instruction
in medical ethics; a practice monitor to review his
OHIP billings for one year; and $5,000 in costs.
At the conclusion of the hearing, Dr. Hui waived his
right to appeal and the Committee administered the
public reprimand.
Order
For complete details of the Order, please see the
full decision at www.cpso.on.ca. Select Doctor
Search and enter the Doctor’s Name.
Dr. JUDI DIANNE MARCIN
Practice Location: Woodstock
Area of Practice: General Practice
Hearing Information: Agreed Statement of Facts,
Plea of No Contest, Joint Submission of Penalty
On March 30, 2016, the Discipline Committee found
that Dr. Judi Marcin committed acts of professional
misconduct, in that she has been found guilty of an
offence relevant to her suitability to practice; engaged
in conduct which would reasonably be regard by
members as disgraceful, dishonourable or unprofes-
sional; failed to maintain the standard of practise of
the profession; contravened terms, conditions, or limi-
tations on her certificate of registration; and engaged
in conduct unbecoming a physician. The Committee
also found that Dr. Marcin is incompetent.
Criminal Conviction
On March 22, 2012, Dr. Marcin was convicted of
defrauding the Ministry of Health and Long-Term
Care of $100,356.60 contrary to s. 380(1)(a) of the
Criminal Code. Dr. Marcin received a suspended
sentence and 18 months’ probation. She was ordered
to perform 100 hours of community service and to
make $100,356.60 in restitution. In relation to this
misconduct, the Committee found that Dr. Marcin
committed an act of professional misconduct in
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Dialogue Issue 2, 2017
that she: has been found guilty of an offence that is
relevant to her suitability to practise; engaged in con-
duct which would reasonably be regard by members
as disgraceful, dishonourable or unprofessional; and
engaged in conduct unbecoming a physician.
In making these findings, the Committee noted that,
by repeatedly billing for services which she did not
provide, Dr. Marcin was purposefully dishonest and
demonstrated a profound disregard of her professional
responsibility. Such misconduct is extraordinarily seri-
ous. It erodes the public’s trust in the medical profes-
sion and impedes the proper function of the health-
care system. Cheating OHIP is a breach of trust with
patients, the profession, and society at large.
Dr. Marcin and Patient A
In the course of the criminal investigation regard-
ing OHIP fraud, while executing a search warrant
upon Dr. Marcin’s home on March 30, 2011, police
retrieved a number of documents related to one of
Dr. Marcin’s patients, Patient A.
The materials included letters from Patient A in
which he refers to Dr. Marcin as “my dearest and
sweetest.” Patient A described “four beautiful days”
away with Dr. Marcin in 2010 at a particular ho-
tel, Hotel Z, and referred to “making love to [Dr.
Marcin] orally” and her reciprocating oral sex. The
letters describe how their professional relationship
turned into a romantic relationship, and how she
asked him to go away with her. Patient A described
how he loved her deeply as his future bride. The let-
ters refer to email communications between the two,
and requests that she delete all previous emails and
communicate through a shared email account with a
shared password. The materials seized also contained
photographs of Patient A and Dr. Marcin at Hotel Z
and a card entitled “Love Forever”.
Upon retrieving this material, Detective Constable
Y reported what she had found to the College and
the College commenced an investigation regarding
Dr. Marcin’s relationship with Patient A.
Patient A began seeing Dr. Marcin in 2002 after
he was referred to her by a counsellor at a residen-
tial treatment centre where he had been receiving
treatment for addiction. Dr. Marcin was Patient A’s
psychotherapist as well as his family doctor.
In approximately March 2010, Patient A told Dr.