In a decision released on November 20, 2023, the Ontario Physicians and Surgeons Discipline Tribunal (OPSDT) of the College of Physicians and Surgeons of Ontario (CPSO) found that Dr. Javad Peirovy failed to comply with 2016 practice restrictions arising from the sexual abuse of 4 patients. 

Specifically, he failed to have a chaperone present when having professional encounters with female patients and he failed to post signage about his requirement to have a chaperone present for professional encounters with female patients.

FACTS

In July 2015, the OPSDT as it then was determined that Dr. Peirovy had engaged in the sexual abuse of four patients. Despite this finding, it allowed Dr. Peirovy to continue the practice of medicine with the following restrictions:

• He would not engage in professional encounters with female patients without a chaperone;
• He must keep a log of his encounters with female patients which were to be submitted to the CPSO on a monthly basis; and
• He must post the following signage in his waiting and examination/consultation rooms in all practice locations: Dr. Peirovy must not have encounters with female patients of any age, unless in the presence of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Dr. Peirovy must not be alone in any examination or consulting room with any female patient. Further information may be found on the College website at www.cpso.on.ca. 

In March 2021, the CPSO conducted routine compliance monitoring of the 2016 Discipline Committee Order. It randomly selected 10 female patients and obtained their patient charts from Dr. Peirovy. The CPSO conducted telephone calls with the patients to inquire about Dr. Peirovy’s compliance with the 2016 Discipline Committee Order.

The CPSO uncovered that Dr. Peirovy saw female patients without the practice monitor and as a result terminated its approval of the practice monitor.

Dr. Peirovy proposed a new practice monitor and told her that she had been approved by the CPSO. He saw female patients with the proposed practice monitor on October 12, 2021, even though she had not been approved by that date. Dr. Peirovy failed to produce his patient log for October 12, 2021 to the College with the rest of the logs for that month.

Furthermore, the CPSO determined further that Dr. Peirovy failed to post proper signage about his practice restrictions as required by the 2016 Discipline Committee Order. The sign in the waiting room was folded and the restrictions were not visible. Additionally there was no sign in one of the examination rooms.

DECISION

Dr. Peirovy’s certification of registration required him to see female patients in the presence of a practice monitor approved by the College and to place signage of this requirement in his waiting room and examination rooms. (College of Physicians and Surgeons of Ontario v. Peirovy, 2015 ONCPSD 30) 

Dr. Peirovy’s failure to comply with these restrictions would reasonably be regarded by members of the profession as disgraceful, dishonourable or unprofessional. He also committed an act of professional misconduct by contravening a term, condition or limitation on his certificate of registration. The OPSDT therefore made a finding of misconduct as admitted.

As a result of these findings, the ODSP suspended Dr. Peirovy’s license to practice medicine for 7 months. When he resumes his practice, he will be required to have more stringent signage requirements including having the sign translated into all languages in which he provides medical services and having all female patients initial a copy of the signage in their chart at each and every visit.

Decision Date: November 20, 2023

Jurisdiction: Ontario Physicians and Surgeons Discipline Tribunal

Citation: College of Physicians and Surgeons of Ontario v. Peirovy, 2023 ONPSDT 26 (CanLII)