DISCIPLINE SUMMARIES
in public washrooms was obviously planned and was
an egregious invasion of the privacy of unsuspecting
individuals. It spoke to a high level of voyeurism and
reckless behaviour. Could Dr. Johnston be trusted
in any circumstance where there is the possibility of
easy access to children and opportunity for voyeuris-
tic actions? The Committee strongly concluded that
such trust could not be assured.
Physicians, by the very nature of the practice of
medicine, have access to their patients’ most private
selves and concerns. Physicians observe patients in
disrobed states as part of physical examinations and
examine body areas of great sensitivity, privacy, and
vulnerability. Young children and adolescents are
part of a family physician’s practice. Members of the
public expect to be able to trust their physicians to
utilize their position, knowledge and skills for their
patients’ benefit in a respectful and non-prurient way.
Dr. Johnston’s misconduct did not engender trust or
confidence that he would examine his patients in a
manner appropriate to the medical issue at hand. The
Committee could not allow the public to be exposed
to the risk posed by interactions with a physician
who may act to satisfy his non-professional needs and
desires. Dr. Johnston could not be allowed to practise
when there was no evidence to support confidently
that he had confronted and addressed the psychologi-
cal factors leading to his behaviour.
ORDER
In summary, the Committee ordered revocation of
Dr. Johnston’s certificate of registration; a reprimand
and payment to the College of costs in the amount of
$5,000.
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. Johnston waived
his right to an appeal and the Committee administered
the public reprimand.
DR. JAN PIETER LUCAS
PRACTICE LOCATION: Toronto
AREA OF PRACTICE: Anesthesiology
HEARING INFORMATION: Agreed Statement of Facts,
Admission, Joint Submission on Penalty
On October 27, 2016, the Discipline Committee
found that Dr. Lucas committed an act of profession-
al misconduct, in that he has failed to maintain the
standard of practice of the profession, including with
respect to his infection control practices, documenta-
tion, and preoperative assessments.
Dr. Lucas admitted to the allegations.
Dr. Lucas provided anesthesiology services at
Downsview Endoscopy Clinic (DEC) in Toronto.
He resigned his CPSO membership in 2013, when
he was 83 years old, and has not practised medicine
since.
In August 2014, the College received a letter from
Toronto Public Health reporting that three patients
had been infected with Hepatitis C virus after under-
going endoscopy procedures at DEC. The letter led
to the initiation of an investigation by the College.
Toronto Public Health Investigation
On June 6, 2013, a patient who had undergone a
colonoscopy at DEC on December 7, 2011 was
reported to Toronto Public Health as Hepatitis C
virus positive (“Patient 1”). Toronto Public Health
commenced an investigation. By matching patient
lists and records of reported Hepatitis C virus cases,
Toronto Public Health determined that three other
patients who had undergone endoscopic procedures
at DEC on December 7, 2011 were also Hepatitis C
virus positive. Two of those patients (Patient 2 and
Patient 3) were reported Hepatitis C virus positive
after their procedures at DEC. The other patient
(“Patient 0”), who had been seen prior to Patients
Full decisions are available online at www.cpso.on.ca.
Select Doctor Search and enter the doctor’s name.
ISSUE 4, 2017 DIALOGUE
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