On June 10, 2009, the Discipline Committee found that Dr. Lee had committed acts of professional misconduct, in that he engaged in the sexual abuse of a patient, and that he engaged in conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable and unprofessional.
Dr. Lee was Patient A's gynaecologist. In the course of a medical examination, Dr. Lee sexually abused Patient A by placing his mouth on her breast, and made inappropriate sounds and comments concerning sexual practices. In the course of another medical examination, he made inappropriate comments about her breasts.
On June 8, 2010, the Discipline Committee ordered and directed that:
1. The Registrar suspend Dr. Lee's Certificate of Registration for a period of six months, this suspension to take effect 60 days after the date of this order.
2. The Registrar impose a term, condition and limitation on Dr. Lee's certificate of registration, that Dr. Lee shall register for and complete, on the next available date, and in any event within six months of the date of this Order, the College courses on Understanding Boundary Issues and Managing the Risks Inherent in the Doctor-Patient Relationship, and Medical Ethics and Informed Consent, and provide proof thereof to the College. Upon providing proof of completion of these courses to the Registrar, this term, condition and limitation shall be removed from Dr. Lee's certificate.
3. The Registrar impose a term, condition and limitation on Dr. Lee's certificate of registration, for an indefinite period of time, that
(a) Dr. Lee shall have a monitor (chaperone) present for all in-person professional encounters with female patients, who shall be a member of a health profession pursuant to the terms of the Regulated Health Professions Act, 1991, who is acceptable to the College;
(b) The monitor shall initial each chart entry contemporaneously with any in-person professional encounter with Dr. Lee, and shall keep a log of each of Dr. Lee's professional encounters that occur in her presence and shall provide the College with a true copy of this log on a monthly basis; and
(c) A sign shall be prominently displayed in Dr. Lee's office, in English and other appropriate languages, stating that Dr. Lee is required to have a monitor present for all in-person professional encounters with female patients.
4. The Registrar impose a term, condition and limitation on Dr. Lee's certificate of registration that Dr. Lee shall immediately provide a signed consent allowing the College to have access to his OHIP billings. Upon providing the signed consent, this term, condition and limitation shall be removed from Dr. Lee's certificate.
5. The Registrar impose a term, condition and limitation on Dr. Lee's certificate of registration, for an indefinite period of time that Dr. Lee shall submit to, and not interfere with, unannounced or announced inspections of his office and practice and patient charts by a College representative for the purpose of monitoring compliance with the terms of this penalty order.
6. Dr. Lee shall reimburse the College for any funding provided to Patient A under the program required under section 85.7 of the Code, and shall post an irrevocable letter of credit or other security acceptable to the College to guarantee payment of such amounts, within 30 days of the date of this Order, in the amount of $13,130.
7. Dr. Lee shall pay to the College, within 60 days of the date of this Order, costs of the hearing in the amount of $7,300.
8. Dr. Lee shall appear before the Discipline Committee to be reprimanded, on a date to be fixed by the Hearings Office, which shall be no later than three months from the date this Order becomes final.
On July 10, 2009, Dr. Lee appealed the decision of the Discipline Committee to the Superior Court of Justice (Divisional Court). Pursuant to s. 25(1) of the Statutory Powers Procedure Act, the decision of the Discipline Committee is stayed pending the outcome of the appeal.
On May 9, 2011, the Superior Court of Justice (Divisional Court) dismissed Dr. Lee's appeal.
Therefore, the decision of the Discipline Committee is in effect.
Terms and conditions imposed on certificate by: Member