On July 23, 2019, on the basis of an Agreed Statement of Facts and Admission (Liability), the Discipline Committee found that Dr. Todd Kevin Young committed an act of professional misconduct, in that he has engaged in 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; has engaged in sexual abuse of a patient; and in that the governing body of a health profession in a jurisdiction other than Ontario has found that he committed an act of professional misconduct that would, in the opinion of the panel, be an act of professional misconduct as defined under Ontario legislation.
AGREED STATEMENT OF FACTS AND ADMISSION (LIABILITY)
Dr. Todd Young is 49 years old. He has held a certificate of independent practice with the College of Physicians and Surgeons of Ontario since 2004. He also holds a certificate of registration with the College of Physicians and Surgeons of Newfoundland and Labrador. As of August 2009, he has practised as a family physician in Springdale, Newfoundland.
Patient A
Dr. Young was Patient A’s family physician between August 2009 and February 2011. In addition to being Dr. Young’s patient, Patient A was also employed at the hospital where Dr.Young worked.
While Patient A was a patient of Dr. Young’s, Dr. Young engaged in a personal relationship with Patient A. He socialized with her at work in the doctor’s lounge, in Dr. Young’s office, and in the clinic, both during the day and after hours. They discussed matters of a personal nature, including that they were both having difficulties in their respective marriages. They exchanged personal cell phone numbers, and would text each other throughout the day. In February 2011, Dr. Young transferred Patient A’s care to another family physician in order to pursue a romantic relationship with Patient A. After the termination of the physician-patient relationship, Dr. Young and Patient A continued to be work colleagues, and their relationship became romantic. Dr. Young and Patient A began dating in August 2011, and began having sexual intercourse in approximately late 2011/early 2012. Their relationship ended in approximately 2014.
In engaging in the conduct described above, Dr. Young engaged in 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.
Patient B
Dr. Young was Patient B’s family physician between August 2009 and January 2014. In November 2013, Dr. Young and Patient B exchanged personal cell phone numbers. During a period of three months, while Patient B was a patient of Dr. Young’s, Dr. Young engaged in a romantic relationship with Patient B, consisting of communications via text and over the telephone about personal matters, including Patient B’s separation from her husband, and hugging and kissing on a couple of occasions.
In engaging in the conduct described at paragraph above, Dr. Young engaged in sexual abuse of Patient B, and in 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.
College of Physicians and Surgeons of Newfoundland and Labrador
On November 26, 2015, Dr. Young appeared before the Adjudication Tribunal of the College of Physicians and Surgeons of Newfoundland and Labrador and pleaded guilty to an allegation that he had engaged in “conduct deserving of sanction”, as defined in s. 39(c) of the Medical Act, 2011, c. M-4.02. Under s. 39(c) of the Medical Act, 2011: 39. (c) “conduct deserving of sanction” includes:
(i) professional misconduct,
(ii) professional incompetence,
(iii) conduct unbecoming a medical practitioner,
(iv) incapacity or unfitness to engage in the practice of medicine, and
(v) acting in breach of this Act, the regulations or the code of ethics adopted under section 15 [emphasis added].
a) an act of professional misconduct that would be an act of professional misconduct under section 51 of the Code, specifically, sexual abuse of a patient (Patient B); and
b) an act of professional misconduct as defined in O. Reg. 856/93, specifically, 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 (Patients A and B).
Dr. Young pleaded guilty to engaging in conduct deserving of sanction with respect to his conduct towards Patients A and B, as set out above.
For reasons released December 15, 2018, the Adjudication Tribunal of the College of Physicians and Surgeons of Newfoundland and Labrador found Dr. Young “guilty of conduct deserving of sanction in relation to his personal and sexual relationship with Patient A with whom he had a doctor/patient relationship, and in relation to his inappropriate kissing and hugging with patient B with whom he had a doctor/patient relationship”.
The governing body of a health profession in a jurisdiction other than Ontario, namely the College of Physicians and Surgeons of Newfoundland and Labrador, found that Dr. Young committed:
ADMISSION
Dr. Young admits the facts above, and admits that, based on these facts, he engaged in professional misconduct under:
a) paragraph 1(1)33 of Ontario Regulation 856/93 made under the Medicine Act, 1991(“O. Reg. 856/93”), in that he has engaged in 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;
b) clause 51(1)(b.1) of the Health Professions Procedural Code which is schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18 (the “Code”), in that he has engaged in sexual abuse of a patient; and
c) clause 51(1)(b) of the Code, in that the governing body of a health profession in a jurisdiction other than Ontario has found that Dr. Young committed an act of professional misconduct that would, in the opinion of the panel, be an act of professional misconduct under section 51 of the Code or an act of professional misconduct as defined in O. Reg. 856/93.
DISPOSITION
The Committee Ordered that:
- Dr. Young attend before the panel to be reprimanded
- The Registrar suspend Dr. Young’s certificate of registration for six (6) months;
- Dr. Young pay costs to the College in the amount of $6,000.00 within 30 days of the date of this Order.
