WATERLOO
— A Waterloo chiropractor who treated his girlfriend — then referred
her unpaid bills to a collection agency after they broke up — has been
stripped of his licence for having sex with a patient.
Dr.
Vincent Leering won’t be able to practice for at least five years after
the Ontario Court of Appeal ruled he’d broken a zero-tolerance policy
prohibiting health care professionals from having sex with patients.
Leering
met the unidentified woman in Dec. 2004, and they moved in together in
March 2005. The following month, the woman switched chiropractors and
Leering began giving her regular treatments.
Leering billed the
woman, but she never paid him directly. Instead, he’d mark the bills as
paid and she’d submit them to her insurer, passing along the
reimbursement to Leering.
When they broke up in Oct. 2005,
Leering tried to collect a balance owing of $567 from her. She refused,
and he sent the account to a collection agency.
She, in turn, complained to the College of Chiropractors of Ontario, which ended up charging Leering with sexual abuse.
A
college discipline committee originally revoked Leering’s licence, a
move that was overturned by the Divisional Court. The college appealed
that decision, and, in a ruling issued Tuesday, the Court of Appeal
upheld the college’s original findings.
In 1994, a
zero-tolerance policy concerning sex with patients came into effect in
Ontario, requiring a mandatory licence revocation.
Critics have
argued exceptions should be made in cases where a doctor is treating a
spouse – or, as in Leering’s case, where the sexual relationship
predates the professional one.
“The (discipline committee)
recognized that it may appear that the strict and significant mandatory
penalty that follows from a conviction for professional misconduct by
sexual abuse is harsh and arguably unjust in cases where there is a
consensual sexual relationship and no exploitation by the health care
professional,” stated the Court of Appeal ruling.
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