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Zero tolerance for sexual assault in doctors’ offices is being undermined by lack of actions by Ontario’s College of Physicians, Ministry of Health, and police.

/ STAR ARCHIVE PHOTO

Lawyer Marilou McPhedran rightly asks: “What are the measurements (of competence), and why is that measurement when it’s happened to women not important enough to be an overall indicator of proficiency and competence of the health professional?”

You would think legislated zero tolerance for sexual abuse in a doctor’s office, of all places, would mean just that.

But you wouldn’t know it from the actions of the College of Physicians and Surgeons of Ontario — and the lack of action from the province’s minister of health, Eric Hoskins, and Peel Police.

The result: doctors who have been found to have sexually abused patients by the College are being allowed to continue practicing and are avoiding criminal prosecution.

It has to stop. And it would be easy for the College, the minister or the police to achieve just that — but no one is taking responsibility.

The situation is so appalling that opposition critics argue that the Liberal government is protecting sexual abusers, despite the focus on sexual assaults raised by the Jian Ghomeshi scandal. “Today we learned doctors can sexually assault women and return to practice,” London West MPP Peggy Sattler said earlier this week following a Star story on the issue.

Sattler was referring to the case of physician Dr. Sastri Maharajh. The Mississauga doctor admitted to the college that he sexually assaulted as many as 13 female patients by either resting his cheek or placing his mouth on their breasts during exams. But after a suspension of just eight months, he is now allowed to continue practicing as long as he treats male patients only.

The College had the powers to revoke his licence permanently, experts say, but chose instead to hide behind a loophole that requires a mandatory revocation of a doctor’s licence only in cases that involve sexual intercourse, various forms of contact with the genitals, the anus and the mouth, and masturbation.

So a doctor who cups a patient’s breast in his mouth during a breast exam, as Maharajh admitted to doing, is off the hook with the College.

That is scary.

But this is scarier. A Star analysis of the College’s public register shows that 21 doctors who have already been disciplined for professional misconduct, incompetence, or incapacity have gender-based restrictions on practicing.

As Marilou McPhedran, a lawyer who chaired two provincial task forces on sexual abuse of patients, asks: “What are the measurements (of competence), and why is that measurement when it’s happened to women not important enough to be an overall indicator of proficiency and competence of the health professional?”

There’s more. The College could report its findings to Peel Police, but insists it cannot say whether it has or not. Meanwhile, Peel Police say they are not investigating Maharajh but would if the college complained or a victim came forward.

It’s a merry-go-round of excuses.

Experts say there’s nothing stopping police from initiating an investigation by contacting the College of Physicians directly.

In fact, in another sex abuse case involving a psychologist, Peel Police did contact a regulatory college to get the name of a victim.

In that case, Vincent Lo, a former psychologist, was arrested and charged with three counts of sexual assault in October. Two years ago, he had been disciplined by the College of Psychologists of Ontario for professional misconduct after he admitted he had sexually touched a male patient. Catherine Yarrow, registrar and executive director of the CPO, said Peel Police inquired about Lo in the spring and, after receiving the patient’s consent, the college provided police with the requested information.

Final stop on this road of studied inaction, the minister of health, Eric Hoskins. He is aware that the College is using a loophole to circumvent the law’s intention of zero tolerance — one he could close. He is also aware he could make it mandatory for the College to report sexual abuse to the police, as is done in other jurisdictions such as Alberta.

He has done neither so far — despite being pressed by opposition critics — though he has asked, he says, for a review of the legislation.

In the meantime, Maharajh and others continue to practice. In the meantime, the message goes out that sexual assault in a doctor’s office will not have the same consequences — immediate reporting to the police — as it would if it occurred on the street. In the meantime, we do not have zero tolerance for sexual abuse in a doctor’s office despite legislation first passed to achieve this in 1991.

It is 2014.

Source: http://www.thestar.com/opinion/editorials/2014/11/06/zero_tolerance_for_sex_abuse_by_doctors_must_be_enforced_editorial.html