On February 13, 2017, the Discipline Committee found that Dr. Yaghini committed an act of professional misconduct in that he engaged in an act or omission relevant to the practise of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
 

 

At the relevant time, Dr. Yaghini practised in association with a group of physicians in a Family Health Group (the “Group”), in Thornbury, Ontario. The Group was composed of a number of physicians, including Dr. X and Dr. Yaghini. At the relevant time, Dr. Yaghini also had privileges at the Grey Bruce Health Services, (“the hospital”). Dr. Yaghini had access to the hospital’s electronic medical records system (“EMR”). Personal medical records pertaining to Dr. X were stored in the hospital’s EMR.

In the period preceding the events at issue in this hearing, the personal and professional relationship between Dr. X and Dr. Yaghini had deteriorated and become very poor. On September 17, 2014, the Chief of Staff of the hospital contacted the College to advise that the hospital had determined that Dr. Yaghini had accessed Dr. X’s personal health records through the hospital’s EMR, on June 9, 2013. The access by Dr. Yaghini was in breach of the hospital’s policy on access to personal health information. Dr. Yaghini was not authorized to view Dr. X’s personal health records.
 

Dr. Yaghini’s explanation for viewing the personal health records of Dr. X is that, in the context of their deteriorating relationship, Dr. Yaghini accessed the record because of his perception of ongoing bullying and harassing behaviour by Dr. X towards him. This perception caused Dr. Yaghini to be concerned about his well-being and to question whether Dr. X might have a health issue that was motivating Dr. X’s behaviour towards him. For this reason, Dr. Yaghini decided to access Dr. X’s personal health records.
 

The Discipline Committee ordered and directed that:
- the Registrar suspend Dr. Yaghini’s Certificate of Registration for a three (3) month period effective April 2, 2017 at midnight (12:00 a.m.). 
- the Registrar to impose the following term, condition and limitation on Dr. Yaghini’s certificate of registration:
(i) At his own expense, Dr. Yaghini shall participate in and successfully complete, within six (6) months of the date of this Order, individualized instruction in medical ethics satisfactory to the College, with an instructor selected by the College. The instructor shall provide a summative report to the College including his or her conclusion about whether the instruction was completed successfully by Dr. Yaghini.
- Dr. Yaghini appear before the panel to be reprimanded.
- Dr. Yaghini to pay costs to the College for a one day hearing in the amount of $5,000.00 within 30 days of the date of this Order.

On December 21, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Reza Yaghini committed an act of professional misconduct in that he engaged in the sexual abuse of a patient and 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. Yaghini is a family physician who practised at a community health centre and a hospital’s emergency department.

Patient A, a teenage girl, had received an antibiotic from a doctor at the local hospital for a kidney infection in April 2012. She then developed an allergic reaction consisting of swelling and redness around her eye, and a rash on her stomach, back, neck and chest.

Since her parents were out of town, and her family doctor’s office was far away, a family friend took Patient A to the Emergency Department of the hospital. Dr. Yaghini saw Patient A in the examination room of the hospital alone. The Committee found that Dr. Yaghini made a comment to Patient A during this examination at the hospital that she was pretty or very pretty. Patient A was discharged home with a different antibiotic prescription and instructions to return either to her family doctor, the Emergency Department, or Dr. Yaghini’s clinic if she had further problems.

After this, Patient A again developed a rash on her stomach, neck, chest, back, and possibly her face. She made an appointment to see Dr. Yaghini at his clinic in April 2012. She attended there with a friend, who waited outside the waiting room. Dr. Yaghini examined Patient A at his clinic that day.

The Committee found that Dr. Yaghini made a similar comment to the “pretty” or “very pretty” remark to Patient A at her second appointment with him.

The Committee also found that, at this second appointment, Dr. Yaghini came close to Patient A and kissed her on the cheek. Then, with his hands on her face and jaw, the Committee found that Dr. Yaghini tried to kiss Patient A on the lips. This resulted in her feeling scared and uncomfortable as she said she felt, and led to the series of events that followed.

The Committee further found that Dr. Yaghini’s kiss on Patient A’s cheek and his attempted kiss on her lips constitute sexual abuse. The Committee concluded that it is obvious that kissing the cheek and then attempting to kiss the lips of a teenage girl in the context of a medical examination is a sexual act that violated the sexual integrity of the victim.

The Committee further found that during the second April 2012 appointment, Dr. Yaghini told Patient A that she reminded him of a woman he had dated or an ex-girlfriend, and, after the attempted kiss on Patient A’s lips when Dr. Yaghini apologized to her, he told her he was excited. The Committee found that these comments constitute sexual abuse, being behaviour or remarks of a sexual nature by the member towards the patient. The Committee also found the making of these remarks to a teenage patient in private during a medical examination to be conduct relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

PENALTY

On March 29, 2017, the Discipline Committee reserved its decision on penalty. On June 20, 2017, the Discipline Committee released its decision on penalty and ordered that:

- the Registrar suspend Dr. Yaghini’s certificate of registration for a period of nine months, to commence on the date this decision is released;
- the Registrar impose the following terms, conditions and limitations on Dr.
Yaghini’s certificate of registration:
a) Dr. Yaghini attend the Understanding Boundaries Course in London,
Ontario within six months of the date of this Order; and
b) Dr. Yaghini participate in a counselling program acceptable to the
College to consist of counselling once per month, for a period of one
year, which includes enhancing of insight, identification of any at-risk
situations and prevention of circumstances that could put him at risk in
the future.
- Dr. Yaghini appear before the Committee to be reprimanded within 30 days of the date this Order becomes final;
- Dr. Yaghini reimburse the College for funding provided to Patient A under the program required under section 85.7 of the Code, and shall post an irrevocable letter of credit or other security acceptable to the College to guarantee payment of such amounts within 30 days of the date of this Order, in the amount of $16,060.00;
- Dr. Yaghini pay costs to the College in the amount of $31,500.00, within 30 days of the date of this Order becomes final.

APPEAL

On January 19, 2017, Dr. Yaghini appealed the decision on finding of the Discipline Committee to the Superior Court of Justice (Divisional Court). Pursuant to s.25(1) of the Statutory Powers Procedure Act, the appeal operated as a stay of the decision pending the outcome of the appeal.

On April 16, 2018, the Divisional Court dismissed Dr. Yaghini’s appeal. Therefore, the decision of the Discipline Committee is in effect.