Dialogue Volume 14 Issue 3 2018 | Page 33

DISCIPLINE SUMMARIES Hugging and Kissing Dr. Beairsto testified that his standard practice was to routinely end psychotherapy sessions with a hug and a kiss. The Committee did not accept that the routine practice of hugging and kissing every patient in the course of every visit is appropriate. Although the touching was not of a sexual nature, Dr. Beairsto’s conduct would reasonably be regarded by members as crossing doctor-patient boundaries with a vulnerable therapeutic patient, and was dis- graceful, dishonourable, or unprofessional. Crotch Touching Patient A testified that Dr. Beairsto touched himself near his genitals and then smelled his hand during an appointment. Patient A said that this incident left her feeling embarrassed. Dr. Beairsto testified that he may have moved his hand from somewhere below the desk towards his nose as part of a demonstration to explain that smelling one’s vaginal discharge could be helpful in determining if a vaginal infection had resolved. The Committee found that what Dr. Beairsto said and did was unprofessional. It is so outside the norm of what is a professional way to communicate medi- cal information that, even if not a salacious gesture as alleged, it is completely inappropriate, and the Com- mittee finds Dr. Beairsto’s conduct to be disgraceful, dishonourable, and unprofessional. ORDER The Committee ordered: the immediate revocation of Dr. Beairsto’s certificate of registration; a repri- mand; the posting of a letter of credit for $16,060.00 to guarantee the payment of any amount he may be required to reimburse for funding for the patient. He was also ordered to pay costs to the College in the amount of $24,420.00. For complete details, 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. Beairsto waived his right to an appeal and the Committee administered the public reprimand. DR. PETER BERNARD COTE PRACTICE LOCATION: Manitouwadge AREA OF PRACTICE: General Practice HEARING INFORMATION: Admission, Agreed Statement of Facts, Joint Submission on Penalty On December 8, 2017, the Discipline Committee found that Dr. Cote committed an act of professional misconduct, in that he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all of the circumstances, would reasonably be regarded by members as disgraceful, dishonorable, or unprofessional. During the relevant period of time, Dr. Cote was practising in Manitouwadge, District of Thunder Bay. He graduated from McGill University’s medi- cal school in 1988 and was granted a certificate of registration authorizing independent practice in September 1990. Dr. Cote held hospital privileges at the Manitouwadge General Hospital. Physician Health Program On November 14, 2012, Dr. Cote entered into a 3-year monitoring contract with the Physician Health Program (PHP) as resolution to an inca- pacity matter. On June 4, 2014, the College received a monitoring report from Dr. Cote's PHP Case Man- ager, outlining concerns with respect to Dr. Cote's adherence to the contract, including one missed urine screen; one positive urine screen and insuffi- cient attendance with his treating clinician. Undertaking with the College This information led to Dr. Cote entering into an Undertaking with the College in November 2014, whereby he agreed that if he failed to comply with his PHP Contract “…such action may constitute a breach of this undertaking, and an act of professional misconduct.” On January 2, 2015, the College received the PHP's second annual report, stating that Dr. Cote had breached terms of his contract, including through supplementing prescription medicine with ISSUE 3, 2018 DIALOGUE 33