On February 25, 2003, the Discipline Committee found that Dr. Levy committed an act of professional misconduct in that he engaged in an act or omission relevant to the practice of medcine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
The Committee ordered the following:
i) That the Registrar shall suspend Dr. Levy s certificate of registration for a period of one year commencing on the date of this order;
ii) The Registrar shall suspend four months of this suspension on the condition that Dr. Levy provides confirmation to the College that he has complied with the conditions set out in subparagraphs (iii) to (xii) below;
iii) Dr. Levy will attend before this panel of the Discipline Committee to be reprimanded, with the fact of the reprimand to be recorded on the register;
iv) Dr. Levy will provide a formal apologyto the complainant;
v) Dr. Levy will pay to the College $10,000.00, to be held by the College in trust, to guarantee the payment of any amount the College may pay out in respect of LB for funding for therapy and counseling, or in the alternative, Dr. Levy will post a letter of credit in the sum of $10,000.00 for same, so long as it is permitted by law in the circumstances of Dr. Levy s bankruptcy;
vi) Dr. Levy will submit to an assessment of his fitness to practice by a psychiatrist acceptable to the College, and prior to returning to practice at the conclusion of his suspension, Dr. Levy will provide the psychiatrist s report, acceptable to the College, certifying his fitness to practise;
vii) Dr. Levy will attend, at his own expense, the boundaries course offered by the College no later than September 12 and 13, 2003;
viii) Dr. Levy will attend, at his own expense, the records keeping course offered by the College no later than September, 2003;
ix) Dr. Levy will accept an inspection of his practice by a person or persons designated by the College;
x) Dr. Levy will accept supervision or other reasonable terms and conditions that the College might identify through its inspection with respect to his ongoing practice;
xi) Dr. Levy will undertake not to do physical examinations of patients, with the exception of his need to take blood pressures because of medications prescribed, and will co-operate in the College s monitoring of this condition; and
xii) Dr. Levy will pay costs to the College in the amount of $2,500.00, so long as it is permitted by law in the circumstances of Dr. Levy s bankruptcy.
In addition, the Discipline Committee orders and directs that if Dr. Levy fails to comply with sub-paragraphs (iii) to (xii) above, he will serve the remainder of his suspension, and,
The results of this proceeding will be included in the register.
On August 23, 2005, the Discipline Committee heard a motion to vary the order of the Discipline Committee dated May 16, 2003 (above).
The Committee removed the prohibition on Dr. Levy conducting physical examinations.