In March 23, 1999, Dr. Galipeau pleaded guilty and was found guilty of professional misconduct in that he had been found guilty of an offence that is relevant to his suitability to practise as defined in paragraph 51(1)(a) of Health Professions Procedural Code and that he performed 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, as defined in paragraph 1(1)33 of Ontario Regulation 856, R.O. 1993.
Having heard the evidence presented and submissions of counsel for the College of Physicians and Surgeons of Ontario and of counsel for Dr. Galipeau, the Discipline Committee of the College of Physicians and Surgeons of Ontario makes the following order as to penalty:
1. Dr. Galipeau shall be required to attend before a panel of the Discipline Committee to be reprimanded.
2. The Registrar of the College of Physicians and Surgeons of Ontario shall be directed to suspend Dr. Galipeau s Certificate of Registration for a period of twelve months. This suspension shall itself be suspended provided that Dr. Galipeau complies with the following conditions:
(a) he will continue the practice of medicine in Smooth Rock Falls, or such other underserviced area as may be approved by the Discipline Committee, for a period of 24 months;
(b) he will make a donation of $35,000 in each of the next two years from the date of this Order to the Smooth Rock Falls Hospital. He shall provide proof satisfactory to the Registrar, of the first payment within twelve months of the date of this order and of the second payment within twenty-four months of the date of this Order.
(c) Dr. Galipeau will provide an undertaking satisfactory to the Registrar that he will not in future hold any financial or ownership interest in a home for senior citizens, nursing home, other residential facility, or Independent Health Facility in which he is performing medical services and that he will not provide medical services in any such facility in which there is a financial or ownership interest by a family member.
(d) Dr. Galipeau will successfully complete an ethics course, with a focus on conflict of interest, to be arranged by the Department of Professional Enhancement of the College, at his own expense, within the next twelve months.
3. In the event of non-compliance with any of the conditions imposed in paragraph 2, as determined by the Registrar, Dr. Galipeau will be required to serve the twelve month suspension, to commence on a date to be fixed by the Registrar. However, in the event of a disagreement between Dr. Galipeau and the College with regard to compliance, the decision on this issue will be made by the Discipline Committee.