On September 10, 2018, the Discipline Committee found that Dr. Viet Cuong Dao committed an act of professional misconduct, in that he has engaged in the sexual abuse of a patient, and 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. Dao is a physician, practising in a Clinic in Toronto. He received his certificate of registration authorizing independent practice from the College on July 5, 2011. Dr. Dao has practised exclusively in chronic pain medicine since 2014.
Dr. Dao’s Comments of a Sexual Nature
Dr. Dao saw and treated Patient A on four occasions at the Clinic in January and February, 2017.
Patient A was referred to Dr. Dao for treatment of chronic pain, in particular, chronic back pain and fibromyalgia. On each of Patient A’s visits, Dr. Dao administered injections in Patient A’s lumbar spine, sacroiliac joints, sciatic nerves, and sacroiliac fascia and massaged numbing anesthetic into the sites of injection, during which Patient A’s bare buttocks were exposed.
At the first visit Patient A was accompanied by a friend. Dr. Dao commented to Patient A’s friend about a tattoo that Patient A has on her lower back. Patient A commented that she would not have gotten the tattoo on her lower back if she had known it was called a “tramp stamp”. Dr. Dao commented that it was a sexy place to put a tattoo.
At the second visit, which Patient A attended alone, Dr. Dao asked, when Patient A moaned from the pain of the injections, whether “it hurt”. Patient A confirmed it did. Dr. Dao then said: “It’s going to feel good.” Patient A responded by saying: “Yeah, it’s one of those things that feels good.” Dr. Dao commented it was “kind of like S&M” and asked: “Do you know what S&M is?” Patient A indicated she knew what it was, and Dr. Dao asked: “Do you like S&M?” At the third visit, which Patient A attended alone, Dr. Dao asked Patient A if she knew what a sugar daddy is. Patient A confirmed she did. Dr. Dao asked if sugar daddies take care of women’s children. Patient A responded: “Well, I guess if the mother’s taken care of, then I guess the kids are taken care of too.” Dr. Dao responded that that was true. Later at the same appointment, Dr. Dao asked her if she knew what a “rub and tug” is. Patient A indicated she did and commented: “You probably go there every day on your lunch hour, and that’s inappropriate, you shouldn’t be talking to me like that.” When Dr. Dao chuckled, Patient A told Dr. Dao that was enough, and got up and left.
At the fourth visit on February 13, 2017, Patient A attended with another friend. About ten minutes into this appointment, Dr. Dao asked: “So, the…rub and tug is for guys? Is anything equivalent like that for women?” Patient A responded she could not say, adding that she does not go to “those places.” Dr. Dao commented that he has two family friends who work as massage therapists and that they do not do “those things.”
Disposition
On September 10, 2018, the Discipline Committee ordered and directed that:
- the Registrar suspend Dr. Dao's certificate of registration for a period of three (3) months effective October 1, 2018.
- Dr. Dao attend before the panel to be reprimanded.
- the Registrar impose the following terms, conditions and limitations on Dr. Dao's certificate of registration:
- Dr. Dao will successfully complete one-on-one instruction in Communication Education by an instructor approved by the College, at his own expense, and shall provide proof of completion to the College;
- Dr. Dao will successfully complete the PROBE course in ethics and professionalism by obtaining an unconditional pass, at his own expense, or any alternate course in ethics and professionalism approved by the College. Dr. Dao will provide proof of completion to the College.
Practice Monitor
- Dr. Dao shall not engage in any professional encounters, in person or otherwise ("Professional Encounters)"), with patients of any age, in any jurisdiction, unless the Professional Encounter takes place in the continuous presence and under the continuous observation of a monitor who is a regulated health professional acceptable to the College (the "Practice Monitor").
- At all times, Dr. Dao shall ensure that the Practice Monitor shall:
- provide reports (as described in the Practice Monitor's undertaking attached hereto as Appendix "A" to the Order) to the College on at least a monthly basis;
- remain present at all times during all Professional Encounters with all patients;
- carefully observe all of his Professional Encounters with patients, including but not limited to physical and internal examinations. Dr. Dao shall ensure the Practice Monitor's view of all of his Professional Encounters with patients, including physical and internal examinations, is unobstructed at all times;
- refrain from performing any other functions, except those required in the Practice Monitor's undertaking attached as Appendix "A", while observing Dr. Dao in all of his Professional Encounters with patients;
- maintain a log of all Professional Encounters with patients in the form attached to this Order as Appendix "B" (the "Log");
- initial all corresponding entries in the records of patients noted in the Log; and
- submit the on final Log to the College on a monthly basis.
- Dr. Dao, shall maintain an up to date copy of the Log, by ensuring a copy is made at the end of each business day, and to make it available to the College upon request.
- Dr. Dao, shall inform the College of each and every location where he practises or has privileges including, but not limited to, hospital(s), clinics) and office(s), in any jurisdiction (collectively my "Practice Locations”) within five (5) days of commencing practice at that location.
Posting a Sign
- Dr. Dao, shall post a sign in all waiting rooms, examination rooms and consulting rooms, in all of his Practice Locations, in a clearly visible and secure location, in the form set out in Appendix "C" to the Order that states: "Dr. Viet Cuong Dao has agreed not to have professional encounters, in person or otherwise, with patients, of any age,unless in the continuous presence and under the continuous observation of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Dr. Viet Cuong Dao must not be alone during any professional encounter with any patient.
Further information maybe found on the College website at www.cpso.on.ca".
- Dr. Dao shall post a certified translations) in any languages) in which he provides services, of the sign described in section (vii), in all waiting rooms, examination rooms and consulting rooms, in all of his Practice Locations, in a clearly visible and secure location, in the form set out at Appendix "C" to the Order.
- Dr. Dao shall ensure that each patient with whom he has a Professional Encounter is directly notified, prior to the Professional Encounter, that he has agreed not to have professional encounters, in person or otherwise, with patients of any age, unless in the continuous presence of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario.
- With respect to patients with whom Dr. Dao has appointments that are scheduled at least seven (7) days in advance, Dr. Dao, shall ensure that each patient is directly notified, within seven (7) days after the appointment is scheduled, of the details of the restriction described in section 4(iii) above.
- The requirement to practise with a practice monitor as set out in clauses 4(iii)-(x) above, shall remain in place until the College has received proof of successful completion of the Communication Education and the PROBE course, as set out in 4(i) and (ii) above.
- Dr. Dao shall be responsible for any and all costs associated with implementing the terms of this Order.
- Dr. Dao reimburse the College for funding provided to Patient A 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, within thirty (30) days of the date of this Order, in the amount of $16,060.00.
- Dr. Dao pay the College costs in the amount of $6,000 within thirty (30) days from the date of this Order.
Terms and conditions imposed on certificate by: Member
