Dialogue Volume 15, Issue 2 2019 - Page 49

DISCIPLINE SUMMARIES her wound examined to ensure that it was healing properly. Patient A was accompanied on this appointment by the student coordinator. Throughout this appoint- ment, the patient was lying prone on the examina- tion table with her buttocks exposed. Dr. Hardwick made statements purporting to compliment the patient on her physical appearance. He also made inappropriate comments about the standards for cosmetic appearance in her culture, adding that because the patient was from her country of origin, she was probably accustomed to getting compliments on her appearance. The student coordinator told Dr. Hardwick that it was not appropriate for him to be commenting on the patient’s physical appearance. In response, Dr. Hardwick stated that he was only joking, and said “These government types are so uptight. They don’t know a good joke when they hear one.” After the June 2016 appointment, Dr. Hardwick telephoned the student coordinator to apologize for how he had acted and for the way he had spoken about the patient. He stated that he thought the patient was mature enough to handle jokes of that nature, and that it was his fault for not recognizing her lack of maturity. Undertaking Dr. Hardwick resigned and entered into an under- taking to the College on March 20, 2019, by which he agreed not to apply or re-apply for registration as a physician to practise medicine in Ontario or any other jurisdiction effective March 27, 2019. ORDER The Discipline Committee ordered: a reprimand and payment of hearing costs to the College in the amount of $6,000. 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. Hardwick waived his right to an appeal and the Committee administered the public reprimand. DR. MEHDI HORRI PRACTICE LOCATION: Practice Address Not Available AREA OF PRACTICE: Family Medicine HEARING INFORMATION: Contested Penalty Re-Hearing The Discipline Committee originally heard this mat- ter on September 26 and October 13, 2016. At that time, the Committee found that Dr. Horri com- mitted an act of professional misconduct in that he engaged in a sexual relationship with Patient A too soon (two weeks) after the termination of the doctor- patient relationship. Following a contested penalty hearing, the Committee ordered that Dr. Horri’s certificate of registration be revoked, as well as a reprimand and costs. Dr. Horri appealed the penalty decision to the Di- visional Court. On May 30, 2018, the Court allowed Dr. Horri’s appeal, quashed the penalty decision and remitted the matter of penalty to the Discipline Committee for re-hearing. The contested penalty re-hearing took place on November 7, 2018. Counsel for Dr. Horri submit- ted that an appropriate penalty was a three-month suspension, an ethics course, reprimand and half-day of costs at the tariff rate from October 2015. The College position on penalty was a 12-months suspen- sion, education in ethics/boundaries, a reprimand and costs. The Committee reviewed precedent penalty cases for this type of misconduct and noted that societal values disavow “precipitous relationships of a sexual nature with vulnerable former patients.” The Com- mittee stated that the Protecting Patients Act and subsequent amendments to the Code would make revocation mandatory for the type of misconduct engaged in by Dr. Horri. While the amendments do not apply in Dr. Horri’s case, they indicate the seri- ousness with which this misconduct is viewed. ORDER The Committee ordered: a 12-months suspension on Dr. Horri's certificate of registration; individual- ized coaching in ethics/boundaries; a reprimand; and ISSUE 2, 2019 DIALOGUE 49