On March 5, 2025, the Ontario Physicians and Surgeons Discipline Tribunal found that Dr. Kustka committed the following acts of professional misconduct:

• failing to respond appropriately or within a reasonable time to a written inquiry from the College;
• contravening a term, condition or limitation on the registrant’s certificate of registration; and
• engaging in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by registrants as disgraceful, dishonourable or unprofessional.

On June 17, 2025, the Tribunal ordered that:

1. the registrant attend before the panel to be reprimanded;
2. the Registrar suspend the registrant’s certificate of registration for 4 months commencing June 18, 2025 at 12:01 a.m. and continuing until the later of:
   1. four months from the date of this order;
   2. the date that the registrant provides the requested information and documents, without redaction and to the College’s satisfaction;
3. the Registrar revoke the registrant’s certificate of registration on a date set by the Registrar if:
   1. six months have passed since the initial four-month suspension period or any appeal rights have been exhausted, whichever comes later; 
   2. the registrant remains suspended under this order; and
4. the registrant pay the College costs in the amount of $39,295 by July 17, 2025.

The "Download Full Decision" link provides the Tribunal’s decision and any reprimand.

All published OPSDT reasons are available at www.canlii.org/en/on/onpsdt/.

Hearing exhibits, including any agreed statement of facts or statement of uncontested facts, can be obtained by contacting the Tribunal Office at [email protected].