A former Chatham-Kent family doctor's appeal to get her medical licence back has been rejected by the Divisional Court.
Dr. Mary McIntyre, who practised medicine in Chatham-Kent for years, had contested a finding that she sexually abused one of her patients and the revocation of her licence, but according to the College of Physicians and Surgeons of Ontario (CPSO), that appeal was dismissed in court.
McIntyre filed the appeal on August 5, 2015 -- just over one month after the CPSO's Discipline Committee found that she "committed an act of professional misconduct in that she engaged in the sexual abuse of a patient" among other offences.
McIntyre admitted to several of the allegations against her including failing to respond to patient-care concerns, behaving rudely to patients, and failing to keep proper patient records, but she didn't admit to sexually abusing a woman known as "Ms Y."
The details of the discipline committee's findings outline allegations of McIntyre violating the boundary that is supposed to exist between a doctor and his/her patient.
Those details include McIntyre being found in bed together with "Ms Y," both "partially unclothed and in the nude on separate occasions."
The sexual abuse, in particular, allegedly took place when Dr. McIntyre romantically kissed "Ms Y" in November or December 2010 while "Ms Y" was still her patient. The discipline committee determined this was "sexual abuse" because it violated the boundaries of the doctor–patient relationship.
“Sexual abuse” of a patient by a member of the CPSO is defined as follows:
a) sexual intercourse or other forms of sexual relations between the member and the patient, b) touching of a sexual nature, of the patient by the member, or c) behaviour or remarks of a sexual nature by the member towards the patient.
The committee's ruling also pointed out that "trust is the cornerstone of the physician-patient relationship and in order to maintain that trust, physicians must avoid making or responding to sexual advances from patients," adding that "sexualizing a doctor-patient relationship is a clear breach of trust."
Because the Divisional Court dismissed McIntyre's appeal, the decision of the discipline committee will remain in effect.