The College of Physicians and Surgeons of Ontario upheld its decision to revoke Dr. Suganthan Kayilasanthan’s medical licence Tuesday, after finding him guilty of misconduct for the sexual abuse of a patient.
The college had revoked his licence on a interim basis in September of this year, after the discipline committee of the College concluded Kayilasanthan had had intercourse and oral sex with one of his patients.
Carolyn Silver, a prosecutor with the the college, told CBC Toronto that under the Health Professions Procedural Code there is a required penalty for a physician who has been found guilty of misconduct for sexual abuse.
“Under our legislation, sexual abuse is any sexual contact, sexual behaviour, sexual touching or sexual comments by a physician towards a patient,” Silver said.
“If there is sexual intercourse or if there is oral sex, the legislation requires revocation of the member’s certificate.”
The victim’s identity in this case is protected under a publication ban. She is referred to as Ms. A in college documents.
In testimony before the disciplinary panel earlier this year, Ms. A told the hearing she met Kayilasanthan in 2003 or 2004 through a mutual friend. She had no contact with him for several years but then became re-acquainted with him.
Documents obtained by CBC Toronto state that Ms. A decided to go “partying” at a club on a Saturday evening in December 2010, even though she had exams on Monday.
She met up Kayilasanthan and another man at a club. She and the two men then went to Kayilasanthan’s condo, which was being renovated.
Doctor provided woman with medical notes
Ms A wanted to leave early, but Kayilasanthan agreed he could provide a medical note excusing her from her exams.
She got a medical note from Kayilasanthan on that Monday that said “because of illness or injury she would be unable to write her exams.”
After texting during the week, Ms. A testified, Kayilasanthan picked her up in and drove her to a hotel. The college documents state she drank, smoked weed and “got intimate” with the physician.
Ms. A testified that after spending the night with Kayilasanthan at the hotel, she went back to his clinic to get another note excusing her from an upcoming exam.
The College of Physicians and Surgeons determined that Ms. A and Kayilasanthan had a doctor-patient relationship when they had sex together. It used OHIP billing to confirm the clinic visits.
Kayilasanthan denied the allegations.
Kayilasanthan can re-apply for licence in 5 years
Silver said he is entitled to re-apply to the college for reinstatement of his certificate after five years.
“Under our legislation anytime a doctor engages in sexual abuse of a patient its a violation of trust and abuse of the physician’s position of power,” she said.
“In our view, even if the penalty wasn’t mandatory under the legislation, it would be the appropriate penalty. ”
Kayilasanthan’s penalty also includes a public reprimand and he must pay the college $46,220 in legal costs.
Kayilasanthan did not attend the hearing. He plans to appeal the college’s decision to the Divisional Court of Ontario.
This is not the first time Kayilasanthan has faced sexual allegations.
In 2011, he and Dr. Amitabh Chauhan were acquitted of sexually assaulting a medical student.
The high profile trial focused on allegations of drugging and then sexually assaulting a woman in a hotel room after a night of drinking and dancing at a Toronto club.
Justice Julie Thorburn said while it was agreed that the two doctors had a “sexual encounter” with the woman, she was not satisfied beyond a reasonable doubt that the woman was drugged and did not consent to the encounter.”