Yong-Set, Wrenrick Egerton

In July 1998, Dr. Yong-Set pleaded guilty to a charge of professional misconduct in that he has committed sexual impropriety with a patient. The Discipline Committee accepted Dr. Yong-Set s guilty plea, and found him guilty of professional misconduct.

The Discipline Committee accepted the joint submissions of counsel with respect to penalty and ordered the following penalty:

(1) Dr. Yong-Set shall be reprimanded and the fact of the reprimand be recorded on the Register;

(2) Dr. Yong-Set s certificate of registration to practice medicine in the Province of Ontario shall be suspended for a period of 12 months, with the period of suspension to commence on September 1, 1998;

(3) all but 6 months of the said suspension of Dr. Yong-Set s certificate of registration shall itself be suspended, provided that Dr. Yong-Set abides by the following terms and conditions:

(a) Dr. Yong-Set shall practice medicine only in a group practice with other physicians, and those physicians shall be given notice of the decision of the Discipline Committee in this matter and the penalty imposed by the Discipline Committee;

(b) Dr. Yong-Set shall not see any patients unless another physician or staff member is present in the facility where the examination is being conducted (although not necessarily in the room where the examination is being conducted);

(c) Dr. Yong-Set shall have a notice posted in his office, and in any examining room where he sees patients, advising patients of their right to have a third party present during any examination or treatment;

(d) Dr. Yong-Set shall comply with any request by a patient to have a third party present during any examination or treatment

(e) Dr. Yong-Set shall participate in a programme of maintenance therapy and relapse prevention with Dr. Graham Glancy, or such other psychiatrist or mental health professional as may be acceptable to the Registrar and Dr. Yong-Set, with any costs of the programme not covered by the Ontario Health Insurance Plan being borne by Dr. Yong-Set, and which shall include at least the following elements:

(1) that Dr. Yong-Set attend for a one day program with Dr. Glancy prior to re-commencing the practice of medicine following the expiry of the unsuspended portion of the suspension of his Certificate of Registration;

(2) that Dr. Yong-Set attend for ongoing maintenance therapy and relapse prevention sessions for a period of three years, with the frequency of such sessions being not less than twice per month in the first year, and not less than once per month in the following two years, except at such times as when Dr. Yong-Set may be on vacation or otherwise not actively engaged in the day to day practice of medicine and, in the event that Dr. Glancy is on vacation or otherwise unavailable for a period up to one month, Dr. Yong-Set shall attend as required above on a mental health professional designated by and reporting to Dr. Glancy;

(3) that Dr. Yong-Set shall direct Dr. Glancy to report in writing to the Registrar confirming that Dr. Yong-Set has attended at the said maintenance therapy and relapse prevention sessions, and that Dr. Yong-Set shall provide Dr. Glancy with any consent (4) requested by Dr. Glancy to file such a report;

(4) On or before the expiry of the unsuspended portion of the suspension of Dr. Yong-Set s Certificate of Registration, Dr. Yong-Set shall provide the College of Physicians and Surgeons of Ontario with an irrevocable letter of credit in the amount of $10,000.00 for the purpose of reimbursing the College for any funding provided to the complainant for therapy or counselling pursuant to s. 85.7 of the Health Professions Procedural Code.

(5) In the event that Dr. Yong-Set fails to comply with any of the terms and conditions as set out in paragraph 3 of this order, the balance of his suspension shall commence immediately.