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Sanction For Sex With Patient

By Michael Frisch

The College of Doctors of Quebec Disciplinary Board has imposed a three year disqualification of a psychiatrist 

 In August 2021, the respondent, a psychiatrist practicing his professional activities at the Roberval Hospital, performed a troubleshooting contract in Kenora, Ontario. He then sees a patient in consultation. She is known to have a history of major depressive disorder. Shortly after, the Respondent received an invitation on the Instagram platform and realized that it was the same patient. That same evening, they have protected penetrative sex. The patient discloses this relationship to her therapist and this leads to an investigation by the College of Physicians and Surgeons of Ontario (CPSO). At the same time, in March 2022, the Respondent himself reported his sexual misconduct to the Collège des médecins du Québec (Count 1).

Then, in June 2022, the respondent was involved in a second incident concerning another patient, followed at the Baie-Comeau psychiatric outpatient clinic. She denounces the fact that the Respondent would have opened up to her about his frequentation with women, and would have mentioned that if he had met her in a bar, he would have hit on her. She adds that the Respondent called her back the same evening. The Respondent presents the facts differently. He intends to have noticed a transference during the meeting and wanted to explain the concept of the positive transference by giving the example that if he met her in a bar, she would not speak to him. However, he acknowledges having exposed this patient to aspects of his personal life and specifies that he himself is the subject of psychological follow-up. He acknowledges the inappropriateness of this sharing of information at such a stage of the therapeutic relationship (Count 2). The Respondent admits having called this patient back the same evening to ensure that the consultation went well. Bearing in mind his self-denunciation of the previous March, he said he was anxious about it. He then asks her for her agreement to call her back in the presence of a nurse. The Respondent acknowledges that, with hindsight, this approach is clumsy.
 
 The Respondent enters a guilty plea to each of the two counts of the disciplinary complaint.
 
In addition to the disqualification the board 

 IMPOSES on the Respondent a permanent limitation of his right to engage in professional activities, as follows:

Be accompanied at all times by a female health professional, member of a professional order, during the assessment, follow-up or care of a female person, and this, regardless of the pathology presented by the latter.

(Mike Frisch)

Posted in:
Comparative Professions