On May 24, 2013, the Discipline Committee found that Dr. James Edward Roland McInnis committed an act of professional misconduct, in that he has engaged in conduct or 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. Dr. McInnis admitted the allegation.
Dr. McInnis is a family physician. At the time of the incidents described below, Dr. McInnis was employed as an emergency physician at Hospital X. The complainant, Nurse A, was a registered nurse employed in the emergency department of Hospital X at the time of the incidents.
In February, 2011, Dr. McInnis made repeated flirtatious comments to Nurse A with respect to her physical appearance. The comments were made in the presence of other colleagues. Nurse A felt uncomfortable as a result of the repeated inappropriate comments. In or around February of 2011, Dr. McInnis told Nurse A about a nearby coffee shop he liked to attend. Nurse A reasonably perceived this as a personal invitation and declined, explaining that she was uncomfortable with the invitation. She advised Dr. McInnis that she wanted to maintain a strictly physician/nurse relationship.
Nurse A stated that on more than one occasion while giving Nurse A orders to complete on a patient, Dr. McInnis put his arm around her shoulder.
On March 6, 2011, during the night shift at approximately midnight, Nurse A bumped into Dr. McInnis at a bank machine located in the hospital. As a result of Dr. McInnis' behaviour at the bank machine, Nurse A felt very uncomfortable. During their exchange at the bank machine, which was depicted on a DVD containing footage from two different hospital surveillance cameras, Dr. McInnis reached his left hand towards Nurse A, attempting to place it onto Nurse A's forearm. Nurse A moved away from Dr. McInnis so that he could not touch her, making it clear that his actions were unwanted. Dr. McInnis left the area, but later returned and continued speaking to Nurse A. Dr. McInnis walked straight towards Nurse A, very close to her, placed his left hand behind her back, and leaned in towards her, attempting to kiss her. Nurse A turned her face away from Dr. McInnis avoiding his approach, once again clearly communicating to him that this conduct was unwelcome and uninvited. Despite this, Dr. McInnis then placed his left arm around her back, pulling her towards him and kissed her on the left cheek. Nurse A did not participate in the half embrace.
The Committee ordered and directed that:
the Registrar suspend Dr. McInnis's certificate of registration for a period of two (2) months commencing at 12:01 a.m. on June 14, 2013.
the Registrar impose the following terms, conditions and limitations on Dr. McInnis's certificate of registration:
i) Dr. McInnis shall conduct all professional encounters with female patients in the presence of a monitor who is a regulated health professional acceptable to the College. Dr. McInnis shall not be alone with any female patient, for any length of time, during any professional encounter, whether or not the parent or guardian of the patient is also present.
ii) Dr. McInnis shall ensure that the monitor shall:
a. provide reports to the College on at least a monthly basis including confirmation regarding Dr. McInnis' compliance with this Order and Dr. McInnis' professionalism with office staff;
b. remain in the examination or consulting room at all times during all professional encounters with all female patients;
c. carefully observe all of Mr. McInnis's physical examinations of all of his female patients including but not limited to internal examinations of female patients;
d. maintain a log of all female patient encounters;
e. initial all corresponding entries in the records of patients noted in the log and
f. submit the original log to the College on a monthly basis.
iii) Dr. McInnis shall inform the College of each and every location where he practises including, but not limited to, hospital(s), clinic(s) and office(s), in any jurisdiction within 15 days of commencing practise at that location.
iv) Dr. McInnis shall post a sign in his waiting room and in each of his examination rooms, in clearly visible locations that states: "Dr. McInnis may only have encounters with female patients, of any age, in the presence of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Dr. McInnis may not be alone with any female patient unless this practice monitor is present in the examination or consulting room."
v) Dr. McInnis shall ensure that all female members of his current office staff review this Order and the Agreed Statement of Facts by no later than May 31, 2013 and shall ensure that that, if any new female office staff is hired during a period of two years from the date of this Order, any such staff shall review this Order and the Agreed Statement of Facts prior to starting work for Dr. McInnis.
the Registrar impose the following additional term and condition on Dr. McInnis's certificate of registration:
i) Dr. McInnis shall continue in psychotherapy with his therapist or a therapist approved by the College, on a regular basis, for a minimum of two years from the date of this Order. Regular psychotherapy should continue until the therapist recommends, subject to the College's approval, that psychotherapy is no longer required and
ii) Dr. McInnis shall ensure that the therapist provides written reports to the College every 3 months for the 2 year period, at Dr. McInnis's expense.
Dr. McInnis appear before the panel to be reprimanded.
Dr. McInnis pay costs to the College in the amount of $3,650.00 within 30 days of the date of this Order.
Terms and conditions imposed on certificate by: Member