Suspension – Dr. Henry Swart

WHEREAS a Board of Inquiry constituted under the provisions of PEI Medical Act was held regarding the allegations that Dr. Henry Swart, a member of the College of Physicians and Surgeons of Prince Edward Island, has committed an act or acts of professional misconduct as per the PEI Regulations, XI-1(a) failing to maintain accepted professional standards and procedures in the practise of medicine, XI-1(h) engaging in conduct relevant to the practise of medicine that having regard to the circumstances would reasonably be regarded by Council as disgraceful, dishonourable or unprofessional and for XI-1(p) providing a professional medical service without the consent of the patient if consent is required by law;

And  WHEREAS Dr. Henry Swart admitted to professional misconduct;

And WHEREAS the Board of Inquiry has made a finding of guilt of professional misconduct and unanimously recommended the following action be taken by Council:

A.

  1. That Dr. Swart’s license to practise medicine be suspended for a period of three (3) months.
  2. That the following pre-conditions be placed on Dr. Swart’s return to practice following the three (3) months suspension:
      1. That he undertakes and successfully completes a course of continuing medical education to be provided at Dalhousie University in Halifax, Nova Scotia, and as approved by College Council, related to informed consent and patient autonomy, which is to be paid for by Dr. Swart, and which may consist of the following elements:
        1. Assigned readings on the topic of informed consent and patient autonomy;
        2. In person meetings at Dalhousie University in Halifax, Nova Scotia, and
        3. A reflective paper regarding the various aspects of informed consent and patient autonomy.
  3. That Dr. Swart pay a fine to the College in the amount of $5,000.00.
  4. That Dr. Swart pay the College the sum of $15,000.00, as costs associated with the College’s investigation and disciplinary proceedings.

 

 

B.

…that the Order of Council be effective June 3, 2019.

 

 

C.

… that the Costs and Fine are to be paid to the College office prior to reinstatement of Dr. Swart’s licence.

 

Council of the College of Physicians and Surgeons of Prince Edward Island adopts the recommendations of the Board and imposes the sanction outlined above as recommended by the Board of Inquiry.

Suspension – Dr. David Ashby

At a meeting of the Council of the College of Physicians and Surgeons of February 4, 2019, the following motion was passed:

WHEREAS Dr. David Ashby admitted to the following allegations of professional misconduct to wit:

under the Regulations and Act pursuant to Section 67 of the Act, Dr. Ashby did engage in conduct which constituted failure to maintain the standards of the practice of the medical profession by:

 a)    contrary to regulation xi-(i)(e) prescribing anti-anxiety and anti-depressant medication without proper diagnosis and being outside the scope of his medical practice and area of medical expertise;

 b)    contrary to regulation xi-i(h), engage in conduct relevant to the practice of medicine that having regard to all the circumstances would reasonably be regarded by medical practitioners as disgraceful, dishonourable, or unprofessional: by violating a doctor-patient boundary through the development of a personal and, later, sexual relationship with patient A, who had been a patient, which led to providing patient A with financial and other support and improperly prescribing anti-anxiety and anti-depression medications as outlined above.

 AND WHEREAS the Board of Inquiry made a finding of guilt of professional misconduct and unanimously recommended the following action be taken by Council:

 a) Dr. David Ashby’s license to practice medicine be suspended for a period of two (2) years;

b) The following pre-conditions be placed on Dr. Ashby’s return to practice following the two (2) year suspension:

i. That he undergoing counseling, and that his therapist confirms to the College that Dr. Ashby understands and appreciates the significance of his conduct;

ii. That he undertakes a course of continuing medical education approved by the College related to the issue of physician and patient boundaries;

iii. That upon his return to practice that he be restricted from prescribing medications and that his practice be restricted to that of a Surgical Assistant and

iv. That he not assume any position having responsibility for medical leadership;

c) That he pay a fine to the College in the amount of ten thousand dollars ($10,000);

d) That he pay to the College the sum of thirty thousand dollars ($30,000) as costs for the conduct of the College’s investigation and disciplinary proceedings; and

e) That in considering the foregoing, the College make note of whether Dr. Ashby ceased his medical practice as of December 21, 2018, being the date on which this Board of Inquiry recommended the same to Dr. Ashby pending the final decision of Council.

 Council of the College of Physicians of Prince Edward Island adopts the recommendations of the Board and imposes the sanction outlined above as recommended by the Board of Inquiry.

Reprimand: Dr. Douglas Carmody

(January 1, 2014)

The Council of the College of Physicians and Surgeons of PEI confirmed the finding of the Fitness to Practise Committee of the College that Dr. Douglas Carmody was found to have failed to meet the standard of care expected of a physician, a written reprimand be recorded on the Register, a letter of apology be forwarded from Dr. Carmody to Ms. A with a copy forwarded to our office, and Dr. Carmody be fined $3,000.00.