On August 9, 2011, the Discipline Committee found that Dr. Philip Jerome Choptiany committed an act of professional misconduct, in that engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
With respect to Patient A, in the summer of 2006 Dr. Choptiany inappropriately commented "nice Brazilian tan lines" to Patient A during a medically-indicated breast examination.
Furthermore, prior to conducting a medically-indicated pelvic examination, Dr. Choptiany did not:
1) Explain why he viewed this examination as appropriate in the circumstances;
2) Explain the steps involved in the examination; or
3) Ascertain whether the patient was comfortable with the steps involved in the examination that he was about to undertake.
With respect to Patient B, in approximately 1994 Dr. Choptiany did not take sufficient care to maintain spatial boundaries while he performed a medically-indicated breast examination upon her. This resulted in Patient B feeling Dr. Choptiany's pelvic area against her arm while he conducted the breast examination. Dr. Choptiany also made inappropriate comments to Patient B regarding her sexual relationship with her husband.
With respect to Patient C, Dr. Choptiany made inappropriate comments to this patient regarding her sexual relationship with her husband during a medical appointment in 1991.
The Discipline Committee ordered and directed that:
1. Dr. Choptiany appear before the panel to be reprimanded.
2. The Registrar suspend Dr. Choptiany's certificate of registration for a period of two (2) months commencing at 12:01 a.m. on August 10, 2011.
3. The Registrar impose the following terms, conditions and limitations on Dr. Choptiany's certificate of registration:
i) Dr. Choptiany shall conduct all breast, pelvic and/or rectal examinations of any female patients in the presence of another female regulated health professional as set out in the undertaking attached to this Order as Appendix "A".
ii) Dr. Choptiany shall post a sign in his waiting room and in each of his examination rooms, in clearly visible locations that states: "Under no circumstances will Dr. Choptiany perform a breast, pelvic, or rectal examination except in the presence of a female regulated health professional."
4. Dr. Choptiany pay to the College costs in the amount of $3650.00 within 30 days of the date of this Order.
Terms and conditions imposed on certificate by: Member
