Previous Hearings
Committee: Discipline
Decision Date: 03 Nov 2014
Summary:
On July 18, 2011, the Discipline Committee found that Dr. Eleazar Humberto Noriega committed an act of professional misconduct and on December 7, 2011, ordered a penalty.
On December 22, 2011, the Divisional Court ordered that the Discipline Committee’s December 7, 2011 penalty Order be stayed and that Dr. Noriega be permitted to practise under the terms of his July 22, 2009 undertaking, pending the appeal.
On July 9, 2012, the Divisional Court allowed Dr. Noriega’s appeal and returned the matter for rehearing before a differently constituted panel of the Discipline Committee (the second panel).
On November 3, 2014, the second panel of the Discipline Committee found that Dr. Noriega committed an act of professional misconduct, in that he has engaged in sexual impropriety with a patient and in that he has engaged in conduct or an act or omission 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 Committee found that Dr. Noriega inappropriately rubbed the clitoris of a teenage female patient during a medical appointment at a teen health clinic in 1979.
On November 25, 2014, Dr. Noriega appealed the second panel’s decision on finding of the Discipline Committee to the Superior Court of Justice (Divisional Court).
On July 17, 2015, the Discipline Committee ordered and directed that:
- The Registrar revoke Dr. Noriega’s certificate of registration, effective immediately;
- Dr. Noriega appear before the Committee to be reprimanded, and that the reprimand be recorded on the register; and
- Dr. Noriega pay costs to the College in the amount of $40,140.00, based on nine hearing days at the tariff rate of $4,460.00 per day.
On October 20, 2015, the Divisional Court dismissed Dr. Noriega’s application to stay the penalty decision of the Discipline Committee pending the disposition of his appeal. The revocation therefore remained in effect.
On March 8, 2016, the Divisional Court dismissed Dr. Noriega’s appeal of the second panel’s decision and ordered him to pay costs in the amount of $10,000 to the College.
Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 2016-03-08
Hearing Date(s): March 24-26, 28, 2014 and April 7-10, 2014
Committee: Discipline
Decision Date: 28 Feb 2013
Summary:
On February 28, 2013, the Discipline Committee found that Dr. Eleazar Humberto Noriega committed an act of professional misconduct, in that he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
In 2009, Dr. Noriega was referred to the Discipline Committee for allegations, including sexual abuse and sexual impropriety. On July 22, 2009, Dr. Noriega entered into an undertaking with the College and undertook, among other things, not to engage in any professional encounters with female patients except in the presence of his practice monitor. He undertook to post a sign in his waiting room and in each of his examination rooms notifying the public of this practice restriction. Dr. Noriega's practice monitor also entered into an undertaking on July 22, 2009. It required the practice monitor to be present for all of Dr. Noriega's professional encounters with female patients.
Dr. Noriega engaged in professional misconduct based on the following failures to comply with his undertaking:
Dr. Noriega failed to post the required sign in the waiting room, which includes the obligation to take reasonable steps to ensure that the sign remains posted;
Dr. Noriega failed to post the required sign in an examination room, including covering up the required sign with a framed picture;
Dr. Noriega failed to have a chaperone present throughout the entirety of his patient encounters between July 2009 and February 2010; and
Dr. Noriega misled the College's compliance investigator in February 2010 when he told her that he doesn't see female patients in the consultation room.
On July 17, 2013, the Discipline Committee ordered and directed that:
1. The Registrar suspend Dr. Noriega's certificate of registration for a period of 6 (six) months. The date of commencement of the suspension shall be 30 days after the date of release of this decision.
2. Dr. Noriega attend before the Committee to be reprimanded.
On August 22, 2013, the Discipline Committee ordered Dr. Noriega to pay costs to the College in the amount of $14,600.00 by August 31, 2014.
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): July 17-19, September 5, 2012
Committee: Discipline
Decision Date: 24 Nov 2003
Summary:
The Discipline Committee finds that Dr. Eleazar Humberto Noriega engaged in an act or acts of professional misconduct under paragraph 51(1)(b.1) of the Health Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended, in that he engaged in the sexual abuse of a patient;
The Discipline Committee finds that Dr. Noriega committed an act of professional misconduct under paragraph 1(1)33 of Ontario Regulation 856/93 made under the Medicine Act, 1991, in that he has 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.
Therefore the Discipline Committee Orders and directs that:
1. Dr. Noriega to attend before the Discipline Committee to be reprimanded;
2. that Dr. Noriega(s certificate of registration be suspended for a period of 18 months commencing on a date to be set by the Registrar between January 1 and February 14, 2004, nine months of which shall be suspended if Dr. Noriega successfully completes the College Medical Ethics and Informed Consent Course and the College Boundary Course;
3. that Dr. Noriega will not examine any female patient unless accompanied by a member of the College of Nurses of Ontario or the CPSO, or where the patient is less than 12 years of age, a parent or guardian; and
4. that the results of this proceeding be included in the Register.
* At the completion of the hearing Dr. Noriega waived his right to appeal and the reprimand was administered. *
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Nov 24, 2003