Committee: Discipline
Decision Date: 02 Dec 2003
Summary:
On December 2, 2003, the Discipline Committee found that Dr. Sharma had committed acts of professional misconduct in that Dr. Sharma engaged in sexual impropriety with two female patients in the office; and that he engaged in conduct or an act relevant to the practice of medicine that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
On December 31, 2003, Dr. Sharma appealed the decision of the Discipline Committee to the Superior Court of Justice (Divisional Court). Pursuant to ss.25(1) of the Statutory Powers Procedure Act, the decision of the Discipline Committee is stayed pending the outcome of the appeal.
On February 27, 2004, the Discipline Committee ordered the following penalty:
1. The Registrar suspend Dr. Sharma s certificate of registration for a period of six months, to commence on a date to be fixed by the Registrar.
2. The following terms, conditions and limitations are to be imposed on Dr. Sharma s certificate of registration:
(a) Dr. Sharma is to attend and successfully complete a suitable course on Boundaries approved by the Registrar before he resumes practice, with proof of successful completion of the course to be provided to the Registrar. The costs of the course are to be paid by Dr. Sharma.
(b) Dr. Sharma will have a female member of a regulated health profession to be in attendance during all examinations of female patients. That health professional must enter into a monitoring agreement with the College which will include the requirement to report to the College any concerns about Dr. Sharma s behaviour. The costs of the health professional and reporting are to be borne by Dr. Sharma.
Dr. Sharma will post a sign in his waiting room, in a form and with a content acceptable to the College, to state that there will be a third person present for examination of female patients.
(d) Dr. Sharma is to continue counselling and treatment with a psychiatrist acceptable to the College, which may include Dr. L for as long as is deemed necessary by the psychiatrist and that the psychiatrist enter into a written reporting agreement acceptable to the College, which will impose the requirement to report to the College any concerns about Dr. Sharma s behaviour. Dr. Sharma is to pay the costs of such reporting.
3. Dr. Sharma is to pay costs of these proceedings fixed in the sum of $7,500.00, said amount to be paid to the College within 12 months of his return to practice.
Decision: Download Full Decision (PDF)
Appeal: Appeal Abandoned
Appeal Decision Date: 2005-04-11
Hearing Date(s): 23 Jun 2003