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Gebien, Darryl Jordan

CPSO#: 90299

MEMBER STATUS
Suspended as of 28 Apr 2020
CPSO REGISTRATION CLASS
Restricted as of 14 Mar 2009

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Queensland, 2000

Practice Information

Primary Location of Practice
Practice Address Not Available

Professional Corporation Information


Corporation Name: Darryl J. Gebien Medicine Professional Corporation
Certificate of Authorization Status: Inactive: Apr 15 2016

Specialties

Specialty Issued On Type
Emergency Medicine Effective:14 Mar 2009 CPSO Recognized Specialist

Registration History

Action Issue Date
First certificate of registration issued: Restricted certificate Effective: 14 Mar 2009
Terms and conditions imposed on certificate by Registration Committee Effective: 14 Mar 2009
Expiry date attached to certificate of registration. Expiry Date: 13 Sep 2010
Terms and conditions amended by Registration Committee Effective: 08 Sep 2010
Terms and conditions amended by Registration Committee Effective: 03 Feb 2011
Expiry date removed from certificate of registration. Effective: 03 Feb 2011
Terms and conditions amended by member Effective: 08 May 2016
Terms and conditions amended by Discipline Committee Effective: 28 Apr 2020
Terms and conditions amended by Discipline Committee Effective: 28 Apr 2020

Practice Restrictions

Registration Status: Suspended     Effective From: 28 Apr 2020


Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 28 Apr 2020 Active

Previous Hearings

Committee: Discipline
Decision Date: 28 Apr 2020
Summary:

On February 24 and 25, 2020, on the basis of an Agreed Statement of Facts and 
Admission (Liability), and an Agreed Statement of Facts on Penalty the Discipline 
Committee held a hearing regarding liability and penalty with respect to Dr. Darryl 
Jordan Gebien (“Dr. Gebien”). The Committee reserved its decision, which was 
released on April 28, 2020 and is available to view on the College’s website. 
 
FACTS 
 
Dr. Gebien is a 49-year-old physician who practised emergency medicine at Royal 
Victoria Regional Health Centre (“RVH”) in Barrie, Ontario. Dr. Gebien received his 
certificate of registration in Ontario in March 2009, subject to a practice restriction that 
Dr. Gebien may only practise emergency medicine under supervision. In February 
2011, Dr. Gebien was issued an independent certificate of registration restricted to 
emergency medicine. 
 
Dr. Gebien ceased practising medicine on November 1, 2014. On May 8, 2016, Dr. 
Gebien signed a cease to practise undertaking with the College that remains in effect.  
   
OVERVIEW OF THE CASE 
 
Beginning in approximately 2008, after experiencing a serious injury to his back, Dr. 
Gebien was prescribed Percocet by his family doctor and in time developed an 
addiction to opioids. By the summer of 2013, Dr. Gebien’s opioid addiction had 
developed to include the abuse of Fentanyl. By 2013, Dr. Gebien was recruiting other 
individuals to help him obtain drugs through fake prescriptions he wrote for them. He 
also forged colleagues’ signatures on RVH prescription pads in order to obtain Fentanyl. 
When a pharmacist called the hospital with questions about a forged prescription, Dr. 
Gebien’s scheme was uncovered. His privileges were suspended by RVH on November 
1, 2014. Dr. Gebien subsequently resigned.  
 
Dr. Gebien was arrested by the Barrie Police Service on November 3, 2014 and 
charged with six counts of making a forged document contrary to s.366(1)(a) of the 
Criminal Code of Canada and six counts of knowingly using a forged document contrary 
to s.368(1)(a) of the Criminal Code of Canada. In January 2015, Dr. Gebien was 
charged with trafficking in a substance included in Schedule 1 of the Controlled Drugs 
and Substances Act and five counts of possession of a substance included in Schedule 
1 of the Controlled Drugs and Substances Act and six counts of possessing a 
substance included in Schedule 1 of the Controlled Drugs and Substances Act for the 
purpose of trafficking. 
 
On December 12, 2016, Dr. Gebien pleaded guilty to a charge that, between August 10, 
2013 and November 3, 2014, in Barrie, he knowingly used a forged document (a 
medical prescription) as if it were genuine, contrary to s. 368(1)(a) of the Criminal Code 
of Canada, R.S.C., 1985, c. C-46. He also pleaded guilty to a charge that, between the 
same dates, he trafficked in Fentanyl contrary to s. 5(1) of the Controlled Drugs and 
Substances Act, S.C. 1996, c. 19. Dr. Gebien was convicted on both counts and was 
subsequently sentenced to a two-year penitentiary term. 
 
   
DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT 
 
As set out in detail in the Committee’s decision, Dr. Gebien’s disgraceful, dishonourable 
or unprofessional conduct included: 
 
   -  obtaining Fentanyl Through Fake Prescriptions 
 
   -  Prescriptions forged in colleagues’ names 
       
   -  Prescriptions to RVH Employees 
 
   -  Prescriptions to Family/Friends 
 
GUILTY OF AN OFFENCE RELEVANT TO SUITABILITY TO PRACTISE 
 
On December 12, 2016, in the Ontario Court of Justice, Dr. Gebien pleaded guilty to 
one count of uttering a forged document, namely, a medical prescription, and one count 
of trafficking.   
 
The Crown alleged and the defence conceded that those transactions where Dr. Gebien 
allowed individuals to keep Fentanyl patches in return for providing him with the 
remaining patches, constituted the offence of Trafficking in Fentanyl.  
 
The Crown further alleged and the defence conceded that those transactions where Dr. 
Gebien forged prescriptions from other doctors to himself which were then filled by a 
pharmacist, constituted the offence of trafficking through the doctrine of innocent 
agency.  
 
With respect to those transactions where Dr. Gebien wrote prescriptions to others in his 
own name as the prescribing doctor but received all of the Fentanyl, the Crown did not 
seek a judicial finding of trafficking but rather argued (and the defence conceded) that 
those transactions were aggravating factors given the fraudulent nature of the 
documents in that the real object of these prescriptions was for the Fentanyl to be 
returned to Dr. Gebien (which in fact it was) rather than to the person whose name was 
on the prescription.  
 
On April 18, 2017, Dr. Gebien was sentenced by Justice B. Wilson of the Ontario Court 
of Justice to two years in custody on the count of trafficking and one year in custody, 
concurrent, on the count of uttering a forged document. Justice Wilson also ordered a 
period of three years’ probation, subject to terms and conditions outlined by the trial 
judge.  
 
On December 17, 2017, Dr. Gebien was released on parole.  
 
FINDINGS 
 
The Committee found that Dr. Gebien has committed an act of professional misconduct 
in that he 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; and in that he has been found guilty of 
an offence that is relevant to his suitability to practise. 
 
EVIDENCE ON PENALTY 
 
ONTARIO MEDICAL ASSOCIATION’S PHYSICIAN HEALTH PROGRAM 
 
On January 14, 2015, Dr. Gebien entered into a Substance Dependence Monitoring 
Contract with the Ontario Medical Association’s Physician Health Program (“PHP”). On 
June 22, 2016, Judi Platt, Clinical Coordinator with the PHP, wrote to the College to 
advise that, as per the Premature Termination Policy, the contract had been terminated. 
On December 14, 2018, Dr. Gebien entered into a PHP Moderate to Severe Substance 
Use Disorder Monitoring Contract. The contract was suspended on June 20, 2019.  
 
Dr. Jake Bobrowski, Addiction medicine specialist, provided the PHP with an 
independent report regarding an addiction medicine assessment of Dr. Gebien. On 
November 25, 2019, Lisa Lefebvre, Associate Medical Director with the PHP, provided 
Dr. Gebien’s counsel with an update regarding Dr. Gebien’s status with the PHP.  On 
February 19, 2020, Jordanna Graves, Clinical Coordinator at the PHP, provided Dr. 
Gebien’s counsel with an update regarding Dr. Gebien’s status with the PHP. On 
February 13, 2020, Dr. Chetan Mehta, Substance Use Service, Women’s College 
Hospital, provided the PHP with an update and summary of his care and treatment of 
Dr. Gebien.  
 
Dr. Gebien is a member of a weekly online Caduceus group for healthcare 
professionals. Caduceus groups are voluntary peer support groups for physicians 
battling addiction.  
 
BACK SURGERY 
 
Dr. Gebien underwent back surgery in relation to his back pain on September 11, 2019.  
 
PRIOR DISCIPLINE HISTORY 
 
Dr. Gebien has no prior discipline history with the College. 
 
CHANGING SCOPE OF PRACTICE AND RE-ENTRY 
 
As Dr. Gebien has not practiced medicine for more than two years, he is subject to the 
College’s Change of Scope and Practice Re-Entry process outlined in the Policy, 
“Ensuring Competence: Changing Scope of Practice and/or Re-entering Practice”.  
 
PENALTY 
 
The Committee ordered (Note:  please refer to the public decision for full details of the 
Order): 
-Dr. Gebien is to be reprimanded; 
-The Registrar is to suspend Dr. Gebien’s Certificate of Registration for a period of 14 
months; 
-The Registrar is to impose terms and conditions and limitations on Dr. Gebien’s 
certificate of registration as set out in detail in the public decision available on the 
College’s website, to include: upon any return to practice, Dr. Gebien shall comply with 
the College Policy: Ensuring Competence: Changing Scope of Practice and/or Re-
Entering Practice and shall enter into a PHP agreement. Dr. Gebien shall be subject to 
prescribing restrictions. 
- Dr Gebien shall send a Prescribing Resignation Letter to Health Canada.    
- Dr. Gebien is to pay costs to the College in the amount of $20,740.00 within 180 days 
of the date of this Order.


Decision: Download Full Decision (PDF)
Hearing Date(s): February 24 & 25, 2020

Concerns

Source: Other
Active Date: September 15, 2020
Expiry Date:
Summary:
BAIL CONDITIONS

The following conditions of release (bail conditions) were imposed on Darryl Gebien:

1. Notify Durham Regional Police within 24 hours of any change of address.
2. Do not communicate or associate, directly or indirectly, with specified person, subject to certain conditions.
3. Remain 500 meters from specified person at any known place of residence, employment or place of worship.
4. Not to possess any weapons as defined by the Criminal Code of Canada.

 

Source: Other
Active Date: September 15, 2020
Expiry Date:
Summary:
CHARGES
Darryl Gebien was charged with the following offences:

1. Criminal Harassment, contrary the Criminal Code of Canada.
2. Failure to Comply with Probation Order, contrary to the Criminal Code of Canada.

Date of charges: July 3, 2020
Durham Regional Police

 

Source: Other
Active Date: February 9, 2018
Expiry Date:
Summary:
FINDINGS OF GUILT
Darryl Gebien was found guilty of the following offences:

1. Knowingly using a forged document, being a medical prescription, as if it were genuine, contrary to Section 368(1)(a) of the Criminal Code of Canada.
2. Trafficking in Fentanyl, contrary to Section 5(1) of the Controlled Drugs and Substances Act.

DATE: December 12, 2016
SENTENCE: [April, 18, 2017] A total of two years imprisonment, followed by 3 years’ probation. The probation terms require Darryl Gebien to abstain from possession of drugs except in strict accordance with a valid medical prescription in his own name.