In June 2020, the Discipline Committee of the College heard, via videoconference, allegations of Dr. Jugenburg’s professional misconduct. Dr. Jugenburg had permitted a television crew to film a patient’s surgical procedure without her informed consent, which resulted in a major breach of her privacy. He had failed to ensure the privacy of another patient as a result of the inadvertent posting of her images on social media on two occasions. He also failed to consider adequately the privacy interests of the patients of his clinic, over a two-year period, through the design and operation of the clinic’s video surveillance system.
The hearing proceeded in the presence of Dr. Jugenburg and his counsel, and counsel for the College.
In its decision released in September 2020, taking into account an Agreed Statement of Facts, the Committee found that Dr. Jugenburg had committed committed an act of professional misconduct under paragraph 1(1) 33 of Ontario Regulation 856/93 made under the Medicine Act, 1991, in that he engaged in acts or omissions relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
Combined proceedings
An order pursuant to section 9.1(1)(a) of the Statutory Powers Procedure Act combined the hearing of penalty in this matter (with respect to Patients A and B) with the hearing of allegations and determination of penalty against Dr. Jugenburg regarding another patient, Patient C, into a single proceeding, held on February 1, 2021 via videoconference.
Penalty
Taking into account an Agreed Statement of Facts on Penalty, the Committee ordered and directed on the combined matters that:
• Dr. Jugenburg attend before the Committee to be reprimanded;
• The Registrar suspend Dr. Jugenburg’s certificate of registration for six months, commencing 30 days after the date of the order;
• The Registrar place terms, conditions and limitations on Dr. Jugenburg’s certificate of registration, as set out in the order;
• Dr. Jugenburg pay costs to the College in the amount of $31,110.
The Committee’s full reasons for decision are available for review on the College’s website.