A penalty hearing was held on November 28, 2023, after which the Tribunal reserved its decision on penalty.

The panel’s reasons for decision on penalty were released on January 26, 2024. The Tribunal ordered that:

1. 1. Dr. Luchkiw attend before the panel to be reprimanded;
   2. the Registrar suspend Dr. Luchkiw’s certificate of registration commencing at 12:01 am on January 27, 2024, and continuing until the later of:
      1. six months from the date of this order;
      2. the date that Dr. Luchkiw provides the following information and documents, to the College’s satisfaction:
         1. a list of all patients for whom she has:
            1. Completed a COVID-19 medical exemption for Vaccination;
            2. Completed a COVID-19 medical exemption for Mask;
            3. Completed a COVID-19 medical exemption for screening/ testing;
            4. Prescribed lvermectin;
            5. Prescribed Hydroxychloroquine; and
            6. Prescribed any other treatment or medication for the management/ treatment of COVID-19 that is not currently or was not at the time of prescription recommended by Health Canada.
         2. the complete medical record for each patient listed.
   3. the Registrar revoke Dr. Luchkiw’s certificate of registration on a date set by the Registrar if:
      1. six months have passed since the initial six-month suspension period or since any appeal rights have been exhausted, whichever comes later;
      2. Dr. Luchkiw remains suspended under this order; and
      3. the Registrar has provided Dr. Luchkiw an opportunity to make comment.
   4. the Registrar place the following term, condition and limitation on Dr. Luchkiw’s certificate of registration:
      1. Dr. Luchkiw will participate in the PROBE Ethics & Boundaries Program offered by the Centre for Personalized Education for Professionals, by receiving a passing evaluation or grade, without any condition or qualification. Dr. Luchkiw will complete the PROBE program at her own cost within six months of the date of this Order, and will provide proof to the College of her completion, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it.
   5. Dr. Luchkiw pay the College costs in the amount of $28,370.00 by February 26, 2024.

More detail can be found in the reasons for decision linked below. OPSDT reasons are also available at www.opsdt.ca and https://www.canlii.org/en/on/onpsdt/. The exhibits can be obtained by contacting the Tribunal Office at [email protected].