News


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. DAVID ASHBY

 

NOTICE OF HEARING

 

THE COUNCIL OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF PRINCE EDWARD ISLAND (“Council”) has referred to a Board of lnquiry (“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. David Ashby (“Dr. Ashby”), 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. Ashby did engage in conduct which constituted a failure to maintain the standards of practice of the medical profession by:
  • Contrary to regulation XI-l(e):
    • Prescribing anti-anxiety and anti-depression medications to Patient A without proper diagnosis and being outside the scope of his medical practice and area of medical
  • Contrary to XI-l(h), engage in conduct relevant to the practice of medicine that having regard to 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.

 

The Board will hold a Hearing under the authority of Sections 33 and 35 of the Act for the purposes of deciding whether Dr. Ashby 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 10:00 a.m. on December 21,2018 and continuing until such time as is determined by the Board.

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

If the Board finds that Dr. Ashby 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 (8) 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

 

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. Ashby’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 Dr. Ashby’s referral letters, letters of Council to Dr. Ashby, and reports concerning Dr. Ashby, all of which have been disclosed to Dr. Ashby.

 

Dr. Ashby 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. Ashby 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, ClE 0C7, telephone 902-566-3861.

 

DATED December 6, 2018.

Dr. Cyril Moyse, Registrar

College of Physicians and Surgeons of Prince Edward Island

14 Paramount Drive Charlottetown, PE CIE 0C7

 

TO:      Dr. David Ashby

c/o M. Lynn Murray, Q.C.

Key Murray Law

Suite 202, 119 Queen Street Charlottetown, PE  CIA 4B3

 

 

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