Dr. Kevin Patrick White
London
Allegations
It was alleged that Dr. White committed an act of professional misconduct, in that he engaged in conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
It was also alleged that Dr. White is incompetent, in that he displayed in his professional care of patients, a lack of knowledge, skill or judgment or disregard for the welfare of patients, of a nature or to an extent that demonstrates that he is unfit to continue to practise or that his practice should be restricted.
Response to the Allegations
Dr. White admitted to the allegations and the case proceeded on the basis of an Agreed Statement of Facts.
Evidence
The Agreed Statement of Facts established that Dr. White is a physician specializing in rheumatology. He obtained a certificate of independent practice in Ontario in July 1991. Dr. White has no formal training in addiction medicine.
Dr. White first met Patient A in August 2001, while she was working for an escort service. He saw her as a professional escort on numerous occasions between August 2001 and January 2002, during which time he paid her for engaging in sexual acts with him. She was not his patient at this time.
During several of these sexual encounters, Dr. White took pornographic photographs of Patient A performing fellatio on him. Patient A consented, on the condition that the pictures would not identify her (that is, her face would not be shown).
In January 2002, Dr. White employed Patient A as his assistant at the hospital.
Dr. White's clinical notes for Patient A begin on September 4, 2002. The first OHIP billing is December 7, 2002. However, Dr. White began writing prescriptions for Patient A in December 2001.
Between January and April 2003, while Patient A was Dr. White's patient and his employee, Dr. White used the hospital's computer information services to e-mail the pornographic photographs he had taken of her performing oral sex on him, together with accompanying pornographic stories he had written, to different pornographic websites. The photographs and stories were, at his request, posted on the internet. Dr. White told Patient A that he had posted some non-identifying photos of her on the Internet. In fact, Patient A was identifiable in many of the photographs.
On May 28, 2003, after the hospital discovered that Dr. White had used its computer information services to view, upload and download pornographic materials, Dr. White resigned his privileges.
Between September 2002 and February 2004, Dr. White provided narcotics to Patient A knowing that she had a severe opioid addiction. Dr. White saw the patient daily and administered opiates to her, without maintaining proper medical records. In this way, Dr. White enabled the patient's addiction to continue longer than it might have under professional guidance.
Dr. White wrote only five clinical notes during the period when he was seeing the patient at least twice a week. Between December 7, 2002, and May 17, 2003, Dr. White billed OHIP for 140 services totalling $4,687.45. Although the last entry in Dr. White's clinical notes and last OHIP billing for Patient A is in May 2003,
Dr. White continued to prescribe opiates for Patient A in February 2004, when he visited her at her home three times a day to inject her with Lorazepam.
Finding
The Committee made the finding that Dr. White committed an act of professional misconduct, in that he engaged in conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
The Discipline Committee further found that Dr. White is incompetent, in that he displayed in his professional care of patients, a lack of knowledge, skill or judgment or disregard for the welfare of patients, of a nature or to an extent that demonstrates that he is unfit to continue to practise or that his practice should be restricted.
Reasons for Penalty
Dr. White admitted in his testimony that he put his own desires ahead of his patient's. He re-victimized her when he put her face on the pornographic websites on the Internet without her permission.
Dr. White prescribed vast amounts of narcotics while this patient was
in treatment for her drug addiction. His conduct was indefensible and egregious. He put this patient at considerable risk and prolonged her drug addiction.
The Committee believes that Dr. White is genuinely remorseful.
After he resigned his position at the hospital, he attended a treatment centre in Texas. Since a specialist is still actively treating Dr. White for his addiction problems, the specialist's opinion as to whether Dr. White was ready to practise medicine became very important to the Committee. The specialist was clearly not ready to give any time frame as to when Dr. White would be able to return to the practise of medicine.
The Committee took into account the interests of Dr. White in receiving a just and reasonable penalty and his potential rehabilitation. On the other hand, in determining an appropriate penalty in this case, the Committee concluded that the protection of the public, deterrence, and the maintenance of public confidence in the profession were the overriding considerations.
Penalty
The Discipline Committee directed that:
- <LI class=articlebody>The Registrar revoke Dr. White's certificate of registration, such revocation to take effect immediately. <LI class=articlebody>Dr. White attend before the panel to be reprimanded, with the fact of the reprimand to be recorded on the register.
- Dr. White pay costs to the College in the amount of $2,500.
