On February 14, 2013, the Discipline Committee found that Dr. Naeem Hafiz Muhammad committed professional misconduct: in that he has engaged in the sexual abuse of a patient; and, 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.
Dr. Muhammad is a family physician and jointly owned two walk-in clinics. Ms X was a part-time employee at the walk-in clinics. In addition, although Ms X had her own family doctor, she attended Dr. Muhammad as a patient in the clinics for episodic, minor complaints on five occasions between December 2009 and July 2010 at the time she was working a shift. Dr. Muhammad did not deny that there was an ongoing doctor-patient relationship.
The Committee found that:
Ms X was a patient of Dr. Muhammad from December 2009 to September 2010; prior to September 2010, Dr. Muhammad engaged in conduct that was disgraceful, dishonourable or unprofessional conduct in his relationship with Ms X by making inappropriate comments to and about her; and, on a date in September 2010, while Ms X was working at Dr. Muhammad's clinic, Dr. Muhammad made inappropriate and sexual comments to her and engaged in sexual abuse of her, including by touching her lips, hugging and kissing her and that this constituted the sexual abuse of a patient.
On May 9, 2013, the Discipline Committee ordered and directed that:
the Registrar suspend Dr. Muhammad's certificate of registration for a period of two (2) months commencing immediately.
the Registrar impose the following term, condition and limitation on the certificate of registration of Dr. Muhammad:
i. Dr. Muhammad shall complete, at his own expense, College-facilitated instruction in communications as set out in the Individualized Education Plan attached at Appendix A to the Order.
Dr. Muhammad attend before the panel to be reprimanded.
Dr. Muhammad reimburse the College for funding provided to patients under the program required under section 85.7 of the Code, by posting an irrevocable letter of credit or other security acceptable to the College, by July 9, 2013, in the amount of $16,060.00.
Dr. Muhammad pay costs to the College in the amount of $25,550.00, by July 9, 2013.
On May 9, 2013, Dr. Muhammad appealed the finding 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 June 18, 2014, the Divisional Court dismissed Dr. Muhammad's appeal. Therefore, the decision of the Discipline Committee is in effect.
Terms and conditions imposed on certificate by: Discipline Committee
