Board of Inquiry – Dr. Henry Swart

BOARD OF INQUIRY OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF PRINCE EDWARD ISLAND

BETWEEN:

COLLEGE OF PHYSICIANS AND SURGEONS OF PRINCE EDWARD ISLAND

AND:

DR. HENRY SWART

NOTICE OF HEARING

THE COUNCIL OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF PRINCE EDWARD ISLAND (“Council”) has referred to a Board of Inquiry (“Board”) constituted under the provisions of Section 35 of the Medical Act, 1988, R.S.P.E.I. Cap MM-5, (“Act”) the allegations that Dr. Henry Swart (“Dr. Swart”), a member of the College of Physicians and Surgeons of Prince Edward Island has committed an act or acts of professional misconduct, as hereinafter set out:

Professional Misconduct

  1. Under the regulations as enacted pursuant to Section 67 of the Act Dr. Swart did engage in conduct which constituted a failure to maintain the standards of practice of the medical profession by:

 

          (a)    Contrary to regulations XI-1(a) [failing to maintain accepted professional standards and procedures in the practice of medicine], XI-1(h)           [engaging in conduct relevant to the practice of medicine that having regard to the circumstances would reasonably be regarded by Council as disgraceful, dishonourable or unprofessional] and XI-1(p) [providing a  professional medical service without the consent of the patient if consent is required by law]:

                             (i)          Performing a procedure to which Patient A explicitly    instructed him not to perform and for which consent was required.

The Board will hold a Hearing under the authority of Sections 33 and 35 of the Act for the purposes of deciding whether Dr. Swart has committed an act or acts of professional misconduct as defined under the Act and Regulations.

The Hearing will be held at the office of the College of Physicians and Surgeons of Prince Edward Island, located at 14 Paramount Drive, Charlottetown, Prince Edward Island commencing at 9:00 a.m. on March 26, 2019 and continuing until such time as is determined by the Board.

If Dr. Swart does not attend the Hearing, the Board may proceed in his absence and Dr. Swart will be given no further notice of the proceedings.

If the Board finds that Dr. Swart has committed an act or acts of professional misconduct, the Board may make one or more of the following findings authorized under Section 35 of the Act:

I. In the case of being found to be guilty of professional misconduct, the Board may     recommend to Council that one or more of the following actions be taken:

  • The license of the member be revoked, and that his name be stricken from the registers in which it is entered;
  • The license of the member be suspended (A) for a fixed period, or (B) for an indefinite period until the occurrence of some specified future event;
  • Restrictions be imposed on the license of the member for such period and on such conditions as the Board designates;
  • The member be reprimanded, and, if deemed warranted, that the fact of reprimand be entered in the registers in which his name is entered;
  • Such fine as the Board considers appropriate to a maximum of $25,000.00 be paid by the member to the College; or
  • The imposition of a penalty be suspended for such period and upon such terms as the Board considers appropriate.

 

The College intends to introduce as business records in accordance with the Evidence Act, R.S.P.E.I. 1988, Cap E-11, including any writings or records that were made in the usual and ordinary course of Dr. Swart’s consultations with and treatment of Patient A.  Without limiting the generality of the foregoing, the College intends to introduce as business records copies of letters of Council to Dr. Swart and reports concerning Dr. Swart, all of which have been disclosed to Dr. Swart.

Dr. Swart is entitled to disclosure of the evidence against him or of other information in the College’s knowledge and possession.  Disclosure can be obtained by Dr. Swart or his counsel or agent through the office of the College of Physicians and Surgeons of Prince Edward Island at 14 Paramount Drive, Charlottetown, Prince Edward Island, C1E 0C7, telephone 902-566-3861.

 

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.