THE FOLLOWING INFORMATION WAS OBTAINED FROM THE PHYSICIAN REGISTER SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO (WWW.CPSO.ON.CA) AS OF THE DATE AND TIME NOTED BELOW
17/06/25 03:25:35 AM

General Information

Former Name: No Former Name
Medical School: University of Queensland Faculty of Medicine, 2000
Gender: Man
Languages Spoken: ENGLISH

Practice Information

Primary Business Location: Rejoo Medical Clinic
3319 Bayview Ave
North York ON M2K 1G4
Business Email: No Information Available
Phone: 416-257-3319
Fax: No Information Available
Address: Pharmasave Health First
12 Harrison Garden Boulevard
Toronto Ontario M2N 0B3
Phone: 416-228-8811
Fax: No Information Available

Specialties

SPECIALTY ISSUED ON CERTIFYING BODY
Emergency Medicine
Effective: 14 Mar 2009
College of Physicians and Surgeons of Ontario
SPECIALTY: Emergency Medicine
ISSUED ON: Effective: Mar 14 2009
CERTIFYING BODY: College of Physicians and Surgeons of Ontario

Hospital Privileges

No information available

Professional Corporation Information

Corporation Name: Darryl J. Gebien Medicine Professional Corporation
Certificate of Authorization Status: Inactive End Date: 15 Apr 2016

General Information

Former Name: No Former Name
Gender: Man
Languages Spoken: ENGLISH
Medical School: University of Queensland Faculty of Medicine, 2000

Practice Information

Primary Business Location: Rejoo Medical Clinic
3319 Bayview Ave
North York ON M2K 1G4
Business Email: No Information Available
Phone: 416-257-3319
Fax: No Information Available
Address: Pharmasave Health First
12 Harrison Garden Boulevard
Toronto Ontario M2N 0B3
Phone: 416-228-8811
Fax: No Information Available

Specialties

SPECIALTY ISSUED ON CERTIFYING BODY
Emergency Medicine
Effective: 14 Mar 2009
College of Physicians and Surgeons of Ontario
SPECIALTY: Emergency Medicine
ISSUED ON: Effective: Mar 14 2009
CERTIFYING BODY: College of Physicians and Surgeons of Ontario

Hospital Privileges

No information available

Professional Corporation Information

Corporation Name: Darryl J. Gebien Medicine Professional Corporation
Certificate of Authorization Status: Inactive End Date: 15 Apr 2016

Practice Conditions

IMPOSED BY EFFECTIVE DATE EXPIRY DATE STATUS
Registration Committee
27 Feb 2025
Restricted
IMPOSED BY: Registration Committee
EFFECTIVE DATE: Feb 27 2025
EXPIRY DATE:
STATUS: Restricted
A physician who has a restricted licence must follow specific terms and conditions in their practice.
A physician who has a restricted licence must follow specific terms and conditions in their practice.
VIEW DETAILS chevron-down icon
(1 of 2)

As from April 28, 2020, by order of the Discipline Committee of the College of Physicians and Surgeons of Ontario, the following terms, conditions and limitations are imposed on the certificate of registration held by Dr. Darryl Jordan Gebien:

(i) Upon his return to practice, Dr. Gebien shall comply with the College Policy: Ensuring Competence: Changing Scope of Practice and/or Re-Entering Practice.

(ii) Dr. Gebien shall inform the College of any and all new Practice Locations within fifteen (15) days of commencing practise at that location;

(iii) Prior to his return to practice, Dr. Gebien shall, at his own expense, enter into a health monitoring agreement with the Ontario Medical Association's Physician Health Program ("PHP Agreement");

(iv) Dr. Gebien shall not return to practice until he has entered into a PHP Agreement, the PHP has approved his return to work, and the College has approved his return to work;

(v) Dr. Gebien shall abide by any requirements of the College in approving his return to work, including entering into an undertaking as required by the College;

(vi) Dr. Gebien shall provide his irrevocable consent to information-sharing/reporting between the College and the PHP, as well as workplace monitors and treating health professionals and any other persons necessary in order for the College to receive information relevant to his compliance with these or any other terms of this Order;

(vii) In addition to the consent provision above, Dr. Gebien shall request that the PHP provide reports to the College at minimum on a twice a year basis or as otherwise requested by the College;

(viii) Dr. Gebien shall remain in the PHP Agreement and shall fully comply with the requirements of the PHP Agreement and any restrictions imposed by the PHP Agreement prior to his return to practice;

(ix) In the event that Dr. Gebien terminates his relationship with the PHP, or his PHP Agreement is suspended by the PHP, such action may constitute a breach of this Order:

(x) Dr. Gebien shall provide his irrevocable consent to the College to provide the following information to any person who requires this information for the purposes of facilitating his compliance with a PHP Contract:

(a) information relevant to the making of this Order;

(b) information relevant for the purposes of monitoring compliance with this Order;

(c) information which they reasonably believe indicates a potential risk of harm to patients.

(xi) Dr. Gebien shall provide his irrevocable consent to the College to provide this Order to any Chief(s) of Staff, or a colleague with similar responsibilities, at any hospital or Practice Location at which he practises or have privileges ("Chief(s) of Staff"), and to provide said Chief(s) of Staff with any information the College has that led to the circumstances of this Order and/or any information arising from the monitoring of Dr. Gebien's compliance with this Order;

Prescribing Restrictions

(xii) Dr. Gebien shall not issue new prescriptions or renew existing prescriptions for or administer any of the following substances:

(a) Narcotic Drugs (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996. c. 19);

(b) Narcotic Preparations (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C. 1996. c. 19);

(c) Controlled Drugs (from Part G of the Food and Drug Regulations under the Food and Drugs Act, S.C. 1985. c. F-27);

(d) Benzodiazepines and Other Targeted Substances (from the Benzodiazepines and Other Targeted Substances Regulations made under the Controlled Drugs and Substances Act, S.C. 1996. c. 19):

(A summary of the above-named drugs [from Appendix I to the Compendium of Pharmaceuticals and Specialties] is attached as Schedule "A" to this Order; and links to the current regulatory lists are attached as Schedule "B" to this Order)

(e) Monitored Drugs (as defined under the Narcotics Safety and Awareness Act, 2010, S.C. 2010, c. 22. with a link to the current regulatory list attached as Schedule "C" to this Order); and as amended from time to time.

(2 of 2)

The certificate of registration held by Dr. Darryl Jordan Gebien also carries the following terms, conditions and limitations amended by the College's Registration Committee, effective February 20, 2024:

1. Dr. Darryl Jordan Gebien may practise in a walk-in clinic setting at the following locations, while under supervision coordinated by a supervisor acceptable to the College; and only in accordance with the Re-entering Practice Program approved by the College:

(i) Rejoo Medical Clinic in North York, Ontario, and

(ii) Pharmasave Health First in Toronto, Ontario.

2. Dr. Gebien will be the most responsible physician for patient care.

3. Dr. Gebien must cease to practise medicine upon the following events:

(i) the supervisors notify the College of any concerns regarding Dr. Gebien's knowledge, skill, judgment or attitude, does not provide the required reports to the College by the due date, or if the reports are unsatisfactory in form or content,

(ii) the supervisors are no longer able or willing to continue to supervise Dr. Gebien's practice.

(iii) Dr. Gebien is no longer participating in the Re-entering Practice program.
VIEW DETAILS chevron-down icon
(1 of 2)

As from April 28, 2020, by order of the Discipline Committee of the College of Physicians and Surgeons of Ontario, the following terms, conditions and limitations are imposed on the certificate of registration held by Dr. Darryl Jordan Gebien:

(i) Upon his return to practice, Dr. Gebien shall comply with the College Policy: Ensuring Competence: Changing Scope of Practice and/or Re-Entering Practice.

(ii) Dr. Gebien shall inform the College of any and all new Practice Locations within fifteen (15) days of commencing practise at that location;

(iii) Prior to his return to practice, Dr. Gebien shall, at his own expense, enter into a health monitoring agreement with the Ontario Medical Association's Physician Health Program ("PHP Agreement");

(iv) Dr. Gebien shall not return to practice until he has entered into a PHP Agreement, the PHP has approved his return to work, and the College has approved his return to work;

(v) Dr. Gebien shall abide by any requirements of the College in approving his return to work, including entering into an undertaking as required by the College;

(vi) Dr. Gebien shall provide his irrevocable consent to information-sharing/reporting between the College and the PHP, as well as workplace monitors and treating health professionals and any other persons necessary in order for the College to receive information relevant to his compliance with these or any other terms of this Order;

(vii) In addition to the consent provision above, Dr. Gebien shall request that the PHP provide reports to the College at minimum on a twice a year basis or as otherwise requested by the College;

(viii) Dr. Gebien shall remain in the PHP Agreement and shall fully comply with the requirements of the PHP Agreement and any restrictions imposed by the PHP Agreement prior to his return to practice;

(ix) In the event that Dr. Gebien terminates his relationship with the PHP, or his PHP Agreement is suspended by the PHP, such action may constitute a breach of this Order:

(x) Dr. Gebien shall provide his irrevocable consent to the College to provide the following information to any person who requires this information for the purposes of facilitating his compliance with a PHP Contract:

(a) information relevant to the making of this Order;

(b) information relevant for the purposes of monitoring compliance with this Order;

(c) information which they reasonably believe indicates a potential risk of harm to patients.

(xi) Dr. Gebien shall provide his irrevocable consent to the College to provide this Order to any Chief(s) of Staff, or a colleague with similar responsibilities, at any hospital or Practice Location at which he practises or have privileges ("Chief(s) of Staff"), and to provide said Chief(s) of Staff with any information the College has that led to the circumstances of this Order and/or any information arising from the monitoring of Dr. Gebien's compliance with this Order;

Prescribing Restrictions

(xii) Dr. Gebien shall not issue new prescriptions or renew existing prescriptions for or administer any of the following substances:

(a) Narcotic Drugs (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996. c. 19);

(b) Narcotic Preparations (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C. 1996. c. 19);

(c) Controlled Drugs (from Part G of the Food and Drug Regulations under the Food and Drugs Act, S.C. 1985. c. F-27);

(d) Benzodiazepines and Other Targeted Substances (from the Benzodiazepines and Other Targeted Substances Regulations made under the Controlled Drugs and Substances Act, S.C. 1996. c. 19):

(A summary of the above-named drugs [from Appendix I to the Compendium of Pharmaceuticals and Specialties] is attached as Schedule "A" to this Order; and links to the current regulatory lists are attached as Schedule "B" to this Order)

(e) Monitored Drugs (as defined under the Narcotics Safety and Awareness Act, 2010, S.C. 2010, c. 22. with a link to the current regulatory list attached as Schedule "C" to this Order); and as amended from time to time.

(2 of 2)

The certificate of registration held by Dr. Darryl Jordan Gebien also carries the following terms, conditions and limitations amended by the College's Registration Committee, effective February 20, 2024:

1. Dr. Darryl Jordan Gebien may practise in a walk-in clinic setting at the following locations, while under supervision coordinated by a supervisor acceptable to the College; and only in accordance with the Re-entering Practice Program approved by the College:

(i) Rejoo Medical Clinic in North York, Ontario, and

(ii) Pharmasave Health First in Toronto, Ontario.

2. Dr. Gebien will be the most responsible physician for patient care.

3. Dr. Gebien must cease to practise medicine upon the following events:

(i) the supervisors notify the College of any concerns regarding Dr. Gebien's knowledge, skill, judgment or attitude, does not provide the required reports to the College by the due date, or if the reports are unsatisfactory in form or content,

(ii) the supervisors are no longer able or willing to continue to supervise Dr. Gebien's practice.

(iii) Dr. Gebien is no longer participating in the Re-entering Practice program.

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (1)

Date of Decision: 28 Apr 2020
Summary of Decision:
On February 24 and 25, 2020, on the basis of an Agreed Statement of Facts and Admission (Liability), and an Agreed Statement of Facts on Penalty the Discipline Committee held a hearing regarding liability and penalty with respect to Dr. Darryl Jordan Gebien (“Dr. Gebien”). The Committee reserved its decision, which was released on April 28, 2020 and is available to view on the College’s website

FACTS

Dr. Gebien is a 49-year-old physician who practised emergency medicine at Royal Victoria Regional Health Centre (“RVH”) in Barrie, Ontario. Dr. Gebien received his certificate of registration in Ontario in March 2009, subject to a practice restriction that Dr. Gebien may only practise emergency medicine under supervision. In February 2011, Dr. Gebien was issued an independent certificate of registration restricted to emergency medicine.

Dr. Gebien ceased practising medicine on November 1, 2014. On May 8, 2016, Dr. Gebien signed a cease to practise undertaking with the College that remains in effect.

OVERVIEW OF THE CASE

Beginning in approximately 2008, after experiencing a serious injury to his back, Dr. Gebien was prescribed Percocet by his family doctor and in time developed an addiction to opioids. By the summer of 2013, Dr. Gebien’s opioid addiction had developed to include the abuse of Fentanyl. By 2013, Dr. Gebien was recruiting other individuals to help him obtain drugs through fake prescriptions he wrote for them. He also forged colleagues’ signatures on RVH prescription pads in order to obtain Fentanyl. When a pharmacist called the hospital with questions about a forged prescription, Dr. Gebien’s scheme was uncovered. His privileges were suspended by RVH on November 1, 2014. Dr. Gebien subsequently resigned.

Dr. Gebien was arrested by the Barrie Police Service on November 3, 2014 and charged with six counts of making a forged document contrary to s.366(1)(a) of the Criminal Code of Canada and six counts of knowingly using a forged document contrary to s.368(1)(a) of the Criminal Code of Canada. In January 2015, Dr. Gebien was charged with trafficking in a substance included in Schedule 1 of the Controlled Drugs and Substances Act and five counts of possession of a substance included in Schedule 1 of the Controlled Drugs and Substances Act and six counts of possessing a substance included in Schedule 1 of the Controlled Drugs and Substances Act for the purpose of trafficking.

On December 12, 2016, Dr. Gebien pleaded guilty to a charge that, between August 10, 2013 and November 3, 2014, in Barrie, he knowingly used a forged document (a medical prescription) as if it were genuine, contrary to s. 368(1)(a) of the Criminal Code of Canada, R.S.C., 1985, c. C-46. He also pleaded guilty to a charge that, between the same dates, he trafficked in Fentanyl contrary to s. 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19. Dr. Gebien was convicted on both counts and was subsequently sentenced to a two-year penitentiary term.

DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT

As set out in detail in the Committee’s decision, Dr. Gebien’s disgraceful, dishonourable
or unprofessional conduct included:

- obtaining Fentanyl Through Fake Prescriptions

- Prescriptions forged in colleagues’ names

- Prescriptions to RVH Employees

- Prescriptions to Family/Friends

GUILTY OF AN OFFENCE RELEVANT TO SUITABILITY TO PRACTISE

On December 12, 2016, in the Ontario Court of Justice, Dr. Gebien pleaded guilty to one count of uttering a forged document, namely, a medical prescription, and one count of trafficking.

The Crown alleged and the defence conceded that those transactions where Dr. Gebien allowed individuals to keep Fentanyl patches in return for providing him with the remaining patches, constituted the offence of Trafficking in Fentanyl.

The Crown further alleged and the defence conceded that those transactions where Dr. Gebien forged prescriptions from other doctors to himself which were then filled by a pharmacist, constituted the offence of trafficking through the doctrine of innocent agency.

With respect to those transactions where Dr. Gebien wrote prescriptions to others in his own name as the prescribing doctor but received all of the Fentanyl, the Crown did not seek a judicial finding of trafficking but rather argued (and the defence conceded) that those transactions were aggravating factors given the fraudulent nature of the documents in that the real object of these prescriptions was for the Fentanyl to be returned to Dr. Gebien (which in fact it was) rather than to the person whose name was on the prescription.

On April 18, 2017, Dr. Gebien was sentenced by Justice B. Wilson of the Ontario Court of Justice to two years in custody on the count of trafficking and one year in custody, concurrent, on the count of uttering a forged document. Justice Wilson also ordered a period of three years’ probation, subject to terms and conditions outlined by the trial judge.

On December 17, 2017, Dr. Gebien was released on parole.

FINDINGS
 
The Committee found that Dr. Gebien has committed an act of professional misconduct in that he 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; and in that he has been found guilty of an offence that is relevant to his suitability to practise.

EVIDENCE ON PENALTY

ONTARIO MEDICAL ASSOCIATION’S PHYSICIAN HEALTH PROGRAM

On January 14, 2015, Dr. Gebien entered into a Substance Dependence Monitoring Contract with the Ontario Medical Association’s Physician Health Program (“PHP”). On June 22, 2016, Judi Platt, Clinical Coordinator with the PHP, wrote to the College to advise that, as per the Premature Termination Policy, the contract had been terminated. On December 14, 2018, Dr. Gebien entered into a PHP Moderate to Severe Substance Use Disorder Monitoring Contract. The contract was suspended on June 20, 2019.

Dr. Jake Bobrowski, Addiction medicine specialist, provided the PHP with an independent report regarding an addiction medicine assessment of Dr. Gebien. On November 25, 2019, Lisa Lefebvre, Associate Medical Director with the PHP, provided Dr. Gebien’s counsel with an update regarding Dr. Gebien’s status with the PHP. On February 19, 2020, Jordanna Graves, Clinical Coordinator at the PHP, provided Dr. Gebien’s counsel with an update regarding Dr. Gebien’s status with the PHP. On February 13, 2020, Dr. Chetan Mehta, Substance Use Service, Women’s College Hospital, provided the PHP with an update and summary of his care and treatment of Dr. Gebien.

Dr. Gebien is a member of a weekly online Caduceus group for healthcare professionals. Caduceus groups are voluntary peer support groups for physicians battling addiction.

BACK SURGERY

Dr. Gebien underwent back surgery in relation to his back pain on September 11, 2019.

PRIOR DISCIPLINE HISTORY

Dr. Gebien has no prior discipline history with the College.

CHANGING SCOPE OF PRACTICE AND RE-ENTRY

As Dr. Gebien has not practiced medicine for more than two years, he is subject to the College’s Change of Scope and Practice Re-Entry process outlined in the Policy, “Ensuring Competence: Changing Scope of Practice and/or Re-entering Practice”.

PENALTY

The Committee ordered (Note: please refer to the public decision for full details of the
Order):
-Dr. Gebien is to be reprimanded;
-The Registrar is to suspend Dr. Gebien’s Certificate of Registration for a period of 14
months;
-The Registrar is to impose terms and conditions and limitations on Dr. Gebien’s certificate of registration as set out in detail in the public decision available on the College’s website, to include: upon any return to practice, Dr. Gebien shall comply with the College Policy: Ensuring Competence: Changing Scope of Practice and/or Re- Entering Practice and shall enter into a PHP agreement. Dr. Gebien shall be subject to prescribing restrictions.
- Dr Gebien shall send a Prescribing Resignation Letter to Health Canada.
- Dr. Gebien is to pay costs to the College in the amount of $20,740.00 within 180 days of the date of this Order.
 
 
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): February 24 & 25, 2020

Other Notifications (2)

Source: Inquiries, Complaints and Reports Committee
Effective Date: 06 Nov 2024
Summary:
Caution-in-Person:
               
A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed.  A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of the Committee.  The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015, or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a Caution-in-Person: 

Download Full Document (PDF)
Source: Other
Effective Date: 09 Feb 2018
Summary:
FINDINGS OF GUILT
Darryl Gebien was found guilty of the following offences:

1. Knowingly using a forged document, being a medical prescription, as if it were genuine, contrary to Section 368(1)(a) of the Criminal Code of Canada.
2. Trafficking in Fentanyl, contrary to Section 5(1) of the Controlled Drugs and Substances Act.

DATE: December 12, 2016
SENTENCE: [April, 18, 2017] A total of two years imprisonment, followed by 3 years’ probation. The probation terms require Darryl Gebien to abstain from possession of drugs except in strict accordance with a valid medical prescription in his own name. 

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (1)

Date of Decision: 28 Apr 2020
Summary of Decision:
On February 24 and 25, 2020, on the basis of an Agreed Statement of Facts and Admission (Liability), and an Agreed Statement of Facts on Penalty the Discipline Committee held a hearing regarding liability and penalty with respect to Dr. Darryl Jordan Gebien (“Dr. Gebien”). The Committee reserved its decision, which was released on April 28, 2020 and is available to view on the College’s website

FACTS

Dr. Gebien is a 49-year-old physician who practised emergency medicine at Royal Victoria Regional Health Centre (“RVH”) in Barrie, Ontario. Dr. Gebien received his certificate of registration in Ontario in March 2009, subject to a practice restriction that Dr. Gebien may only practise emergency medicine under supervision. In February 2011, Dr. Gebien was issued an independent certificate of registration restricted to emergency medicine.

Dr. Gebien ceased practising medicine on November 1, 2014. On May 8, 2016, Dr. Gebien signed a cease to practise undertaking with the College that remains in effect.

OVERVIEW OF THE CASE

Beginning in approximately 2008, after experiencing a serious injury to his back, Dr. Gebien was prescribed Percocet by his family doctor and in time developed an addiction to opioids. By the summer of 2013, Dr. Gebien’s opioid addiction had developed to include the abuse of Fentanyl. By 2013, Dr. Gebien was recruiting other individuals to help him obtain drugs through fake prescriptions he wrote for them. He also forged colleagues’ signatures on RVH prescription pads in order to obtain Fentanyl. When a pharmacist called the hospital with questions about a forged prescription, Dr. Gebien’s scheme was uncovered. His privileges were suspended by RVH on November 1, 2014. Dr. Gebien subsequently resigned.

Dr. Gebien was arrested by the Barrie Police Service on November 3, 2014 and charged with six counts of making a forged document contrary to s.366(1)(a) of the Criminal Code of Canada and six counts of knowingly using a forged document contrary to s.368(1)(a) of the Criminal Code of Canada. In January 2015, Dr. Gebien was charged with trafficking in a substance included in Schedule 1 of the Controlled Drugs and Substances Act and five counts of possession of a substance included in Schedule 1 of the Controlled Drugs and Substances Act and six counts of possessing a substance included in Schedule 1 of the Controlled Drugs and Substances Act for the purpose of trafficking.

On December 12, 2016, Dr. Gebien pleaded guilty to a charge that, between August 10, 2013 and November 3, 2014, in Barrie, he knowingly used a forged document (a medical prescription) as if it were genuine, contrary to s. 368(1)(a) of the Criminal Code of Canada, R.S.C., 1985, c. C-46. He also pleaded guilty to a charge that, between the same dates, he trafficked in Fentanyl contrary to s. 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19. Dr. Gebien was convicted on both counts and was subsequently sentenced to a two-year penitentiary term.

DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT

As set out in detail in the Committee’s decision, Dr. Gebien’s disgraceful, dishonourable
or unprofessional conduct included:

- obtaining Fentanyl Through Fake Prescriptions

- Prescriptions forged in colleagues’ names

- Prescriptions to RVH Employees

- Prescriptions to Family/Friends

GUILTY OF AN OFFENCE RELEVANT TO SUITABILITY TO PRACTISE

On December 12, 2016, in the Ontario Court of Justice, Dr. Gebien pleaded guilty to one count of uttering a forged document, namely, a medical prescription, and one count of trafficking.

The Crown alleged and the defence conceded that those transactions where Dr. Gebien allowed individuals to keep Fentanyl patches in return for providing him with the remaining patches, constituted the offence of Trafficking in Fentanyl.

The Crown further alleged and the defence conceded that those transactions where Dr. Gebien forged prescriptions from other doctors to himself which were then filled by a pharmacist, constituted the offence of trafficking through the doctrine of innocent agency.

With respect to those transactions where Dr. Gebien wrote prescriptions to others in his own name as the prescribing doctor but received all of the Fentanyl, the Crown did not seek a judicial finding of trafficking but rather argued (and the defence conceded) that those transactions were aggravating factors given the fraudulent nature of the documents in that the real object of these prescriptions was for the Fentanyl to be returned to Dr. Gebien (which in fact it was) rather than to the person whose name was on the prescription.

On April 18, 2017, Dr. Gebien was sentenced by Justice B. Wilson of the Ontario Court of Justice to two years in custody on the count of trafficking and one year in custody, concurrent, on the count of uttering a forged document. Justice Wilson also ordered a period of three years’ probation, subject to terms and conditions outlined by the trial judge.

On December 17, 2017, Dr. Gebien was released on parole.

FINDINGS
 
The Committee found that Dr. Gebien has committed an act of professional misconduct in that he 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; and in that he has been found guilty of an offence that is relevant to his suitability to practise.

EVIDENCE ON PENALTY

ONTARIO MEDICAL ASSOCIATION’S PHYSICIAN HEALTH PROGRAM

On January 14, 2015, Dr. Gebien entered into a Substance Dependence Monitoring Contract with the Ontario Medical Association’s Physician Health Program (“PHP”). On June 22, 2016, Judi Platt, Clinical Coordinator with the PHP, wrote to the College to advise that, as per the Premature Termination Policy, the contract had been terminated. On December 14, 2018, Dr. Gebien entered into a PHP Moderate to Severe Substance Use Disorder Monitoring Contract. The contract was suspended on June 20, 2019.

Dr. Jake Bobrowski, Addiction medicine specialist, provided the PHP with an independent report regarding an addiction medicine assessment of Dr. Gebien. On November 25, 2019, Lisa Lefebvre, Associate Medical Director with the PHP, provided Dr. Gebien’s counsel with an update regarding Dr. Gebien’s status with the PHP. On February 19, 2020, Jordanna Graves, Clinical Coordinator at the PHP, provided Dr. Gebien’s counsel with an update regarding Dr. Gebien’s status with the PHP. On February 13, 2020, Dr. Chetan Mehta, Substance Use Service, Women’s College Hospital, provided the PHP with an update and summary of his care and treatment of Dr. Gebien.

Dr. Gebien is a member of a weekly online Caduceus group for healthcare professionals. Caduceus groups are voluntary peer support groups for physicians battling addiction.

BACK SURGERY

Dr. Gebien underwent back surgery in relation to his back pain on September 11, 2019.

PRIOR DISCIPLINE HISTORY

Dr. Gebien has no prior discipline history with the College.

CHANGING SCOPE OF PRACTICE AND RE-ENTRY

As Dr. Gebien has not practiced medicine for more than two years, he is subject to the College’s Change of Scope and Practice Re-Entry process outlined in the Policy, “Ensuring Competence: Changing Scope of Practice and/or Re-entering Practice”.

PENALTY

The Committee ordered (Note: please refer to the public decision for full details of the
Order):
-Dr. Gebien is to be reprimanded;
-The Registrar is to suspend Dr. Gebien’s Certificate of Registration for a period of 14
months;
-The Registrar is to impose terms and conditions and limitations on Dr. Gebien’s certificate of registration as set out in detail in the public decision available on the College’s website, to include: upon any return to practice, Dr. Gebien shall comply with the College Policy: Ensuring Competence: Changing Scope of Practice and/or Re- Entering Practice and shall enter into a PHP agreement. Dr. Gebien shall be subject to prescribing restrictions.
- Dr Gebien shall send a Prescribing Resignation Letter to Health Canada.
- Dr. Gebien is to pay costs to the College in the amount of $20,740.00 within 180 days of the date of this Order.
 
 
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): February 24 & 25, 2020

Other Notifications (2)

Source: Inquiries, Complaints and Reports Committee
Effective Date: 06 Nov 2024
Summary:
Caution-in-Person:
               
A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed.  A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of the Committee.  The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015, or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a Caution-in-Person: 

Download Full Document (PDF)
Source: Other
Effective Date: 09 Feb 2018
Summary:
FINDINGS OF GUILT
Darryl Gebien was found guilty of the following offences:

1. Knowingly using a forged document, being a medical prescription, as if it were genuine, contrary to Section 368(1)(a) of the Criminal Code of Canada.
2. Trafficking in Fentanyl, contrary to Section 5(1) of the Controlled Drugs and Substances Act.

DATE: December 12, 2016
SENTENCE: [April, 18, 2017] A total of two years imprisonment, followed by 3 years’ probation. The probation terms require Darryl Gebien to abstain from possession of drugs except in strict accordance with a valid medical prescription in his own name. 

Training

Medical School: University of Queensland Faculty of Medicine, 2000

Registration History

DETAILS DATE
Terms and conditions amended by Registration Committee. Effective: 27 Feb 2025
Terms and conditions amended by Registration Committee. Effective: 20 Feb 2024
Terms and conditions amended by Registration Committee. Effective: 21 Feb 2023
Suspension of registration removed. Effective: 28 Jun 2021
Suspension of registration imposed: Ontario Physicians and Surgeons Discipline Tribunal Effective: 28 Apr 2020
Terms and conditions amended by Member. Effective: 08 May 2016
Expiry date removed from certificate of registration. Effective: 03 Feb 2011
Terms and conditions amended by Registration Committee. Effective: 03 Feb 2011
Terms and conditions amended by Registration Committee. Effective: 08 Sep 2010
First certificate of registration issued: Restricted Certificate Effective: 14 Mar 2009
Arrow_iconTerms and conditions imposed on certificate by: Registration Committee Effective: 14 Mar 2009
DETAILS: Terms and conditions amended by Registration Committee.
Date: Effective: 27 Feb 2025
DETAILS: Terms and conditions amended by Registration Committee.
Date: Effective: 20 Feb 2024
DETAILS: Terms and conditions amended by Registration Committee.
Date: Effective: 21 Feb 2023
DETAILS: Suspension of registration removed.
Date: Effective: 28 Jun 2021
DETAILS: Suspension of registration imposed: Ontario Physicians and Surgeons Discipline Tribunal
Date: Effective: 28 Apr 2020
DETAILS: Terms and conditions amended by Member.
Date: Effective: 08 May 2016
DETAILS: Expiry date removed from certificate of registration.
Date: Effective: 03 Feb 2011
DETAILS: Terms and conditions amended by Registration Committee.
Date: Effective: 03 Feb 2011
DETAILS: Terms and conditions amended by Registration Committee.
Date: Effective: 08 Sep 2010
DETAILS: First certificate of registration issued: Restricted Certificate
Date: Effective: 14 Mar 2009
DETAILS: Terms and conditions imposed on certificate by: Registration Committee
Date: Effective: 14 Mar 2009