Suspension – Dr. Henry Swart

May 2, 2019

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.

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