DISCIPLINE SUMMARIES
B relapsed into substance abuse and it took her years to recover her sobriety. Patient B was clearly a vulnerable patient, exploited by Dr. Einstoss.
2. Dr. Einstoss failed to adequately address Patient B’ s medical concerns. Her medical concerns were never addressed beyond ordering blood work and reviewing the results with her. The visits instead led to sexual abuse by Dr. Einstoss. Patient B had to ultimately seek care at a walk-in clinic because Dr. Einstoss eventually refused to see her. She was then sent to hospital and underwent a surgical procedure.
3. Dr. Einstoss sent Patient B for STD testing when this was not a legitimate medical concern of hers. He did not advise Patient B that he had included these tests on a requisition he gave her for blood work. Patient B was made aware of this by the technician at the lab she attended. The inclusion of these tests did not reflect Patient B’ s concern nor was there any rationale for ordering these tests discussed with her at the time. The ordering of these tests was most likely self-serving on Dr. Einstoss’ part, given he subsequently had sexual intercourse with her.
4. Dr. Einstoss billed OHIP for psychotherapy sessions provided to Patient B in 2009. Patient B testified that, while she had received psychotherapy from Dr. Einstoss in the past, he had not provided psychotherapy at the visits billed for in 2009.
5. Dr. Einstoss disclosed personal information to Patient B regarding himself and his family, breaching professional boundaries.
REASONS FOR PENALTY It is the view of the Committee that each of Dr. Einstoss’ actions described above, considered in isolation, would be enough to constitute professional misconduct. Taken together, his actions constitute disgraceful, dishonorable, or unprofessional conduct in the extreme. Not only did Dr. Einstoss bill OHIP for services he did not provide to Patient A and Patient B, he took advantage of both of these vulnerable patients, neglected their medical needs, breached the boundaries of the doctor-patient relationship, and ignored or violated his professional and ethical responsibilities to them. His actions were wholly self-serving and have had a profound and lasting impact on the mental wellbeing of both of these patients. The Committee concluded that Dr. Einstoss’ certificate of registration must and should be revoked and that Dr. Einstoss be required to appear before the Committee for a reprimand. Independent of the penalty of revocation for sexual abuse of patients, the Committee concluded that revocation is also the appropriate penalty for the finding of professional misconduct against Dr. Einstoss, that he engaged in various conduct, acts, and omissions that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, or unprofessional. The seriousness of that misconduct also justifies revocation. The Committee also considered it appropriate to impose on Dr. Einstoss the requirement to reimburse the College for funding provided to patients under the program required under section 85.7 of the Code to provide funds for covering the cost of therapy for the complainants. The College seeks payment of costs to the College in the amount of $ 14,460. The costs ordered will partially cover the costs of the hearing days as well as costs for the witnesses who were required to travel to testify.
ORDER In summary, the Discipline Committee ordered: revocation of Dr. Einstoss’ certificate of registration; a reprimand; reimbursement to the College for funding provided to patients under the program required under section 85.7 of the Code, by providing an irrevocable letter of credit or other security acceptable to the College; and payment to the College of costs in the amount of $ 14,460. For complete details of the Order, please see the full decision at www. cpso. on. ca. Select Find a Doctor and enter the doctor’ s name.
At the conclusion of the hearing, Dr. Einstoss waived his right to an appeal and the Committee administered the public reprimand.
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DIALOGUE ISSUE 4, 2017