Committee: Discipline
Decision Date: 29 Jun 2021
Summary:
On June 29, 2021, the Discipline Committee of the College heard, via videoconference, an allegation of psychiatrist Dr. Desjardins’ professional misconduct. Family members of Patient A contacted the College with concerns about Dr. Desjardins’ care of and conduct towards the patient, including that there were messages between Dr. Desjardins and Patient A which focused on conspiracy theories and that Patient A was recently hospitalized. Patient A’s family was further concerned that Dr. Desjardins: engaged in Twitter communications with Patient A; breached boundaries with Patient A; and told Patient A’s wife that Patient A wanted to be with Dr. Desjardins. Dr. Desjardins knew that Patient A was using cannabis and “mushrooms” simultaneously with his prescribed medications which included anti-depressants. She did not advise him against this.
Around the same time, the chief of staff at the hospital where Dr. Desjardins practiced contacted the College to express concerns about her conduct and capacity, including a concern that Twitter communications between Dr. Desjardins and Patient A appeared to have substantially contributed to the patient’s florid manic state and related hospitalization. Dr. Desjardins voluntarily resigned her hospital privileges.
The College investigated the public complaint and undertook a Registrar’s investigation based on the hospital’s concerns. An assessor retained by the College to review the matters concluded that Dr. Desjardins failed to meet the standard of care, showed a lack of skill and judgment and exposed patients to harm and that her documentation did not meet the standard of care.
The Discipline hearing proceeded in the presence of Dr. Desjardins and her counsel, and counsel for the College. On the basis of an Agreed Statement of Facts on Liability, the Committee found that Dr. Desjardins committed an act of professional misconduct under:
- paragraph 1(1)2 of Ontario Regulation 856/93 made under the Medicine Act, 1991, in that she failed to maintain the standard of practice of the profession in her care of patients; and
- paragraph 1(1)33 of Ontario Regulation 856/93, in that she has engaged in 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.
Disposition
Taking into account an Agreed Statement of Facts on Penalty, the Discipline Committee ordered and directed that:
- Dr. Desjardins attend before the Committee to be reprimanded;
- The Registrar suspend Dr. Desjardins’ certificate of registration for 12 months commencing June 30, 2021 at 12:01 a.m.;
- The Registrar place the following terms, conditions and limitations on Dr. Desjardins’ certificate of registration, effective immediately:
i. Dr. Desjardins shall comply with the College Policy “Closing a Medical Practice”;
ii. Dr. Desjardins shall complete the Saegis course on professionalism and communications (or other similar course approved by the College) within six (6) months from the date of this Order, at her own expense, by receiving a passing evaluation or grade, without any condition or qualification. Dr. Desjardins will provide proof to the College of her completion, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it;
iii. Dr. Desjardins shall provide proof of satisfactory completion of the University of Toronto Medical Record-Keeping Course upon the earlier of: (a) within six (6) months of the date of this Order or if not available within six (6) months, at the earliest possible date that it becomes available; and (b) within thirty (30) days of receipt of evidence of Dr. Desjardin’s completion of the Course from the University of Toronto
iv. Beginning from the date of this Order, Dr. Desjardins shall attend, at minimum, one (1) meeting per month with a psychiatrist or psychologist who is acceptable to the College (“Treating Therapist”), who will sign an undertaking in a form acceptable to the College. The meetings will continue for as long as the Treating Therapist deems necessary, but in any event not less than two (2) years and subject to College approval before discontinuing such treatment. For a period of two (2) years, or such longer period as may be required by the terms of this Order, Dr. Desjardins’ Treating Therapist will provide quarterly reports to the College as set out in the Treating Therapist’s undertaking to the College;
v. Dr. Desjardins shall consent to the disclosure by her Treating Therapist to the College, and by the College to her Treating Therapist, of all information the Treating Therapist or the College deems necessary or desirable in order to fulfill the Treating Therapist’s undertaking and Dr. Desjardin’s compliance with this Order.
Clinical Supervision
vi. Prior to resuming practice following the suspension of her certificate of registration described above in paragraph 3, Dr. Desjardins shall retain, at her own expense, a College-approved clinical supervisor, who will sign an undertaking in the form attached to the order as Schedule “A” (the “Clinical Supervisor”);
vii. For a period of twelve (12) months commencing on the date Dr. Desjardins resumes practice following the suspension of her certificate of registration described above in paragraph 3, Dr. Desjardins may practice only on terms of the Clinical Supervision set out herein and in Schedule “A”;
viii. Clinical Supervision of Dr. Desjardins practice shall contain the following elements:
o An initial meeting with Dr. Desjardins to discuss the objectives for the Clinical Supervision and practice improvement recommendations;
o The Clinical Supervisor will meet with Dr. Desjardins once every month after the initial meeting. Meetings will take place at Dr. Desjardins’ practice location, or another location approved by the College;
o The Clinical Supervisor will review at least fifteen (15) of Dr. Desjardins’ patient charts at every meeting, selected at the sole discretion of the Clinical Supervisor;
o The Clinical Supervisor will keep a log of all patient charts reviewed along with patient identifiers;
o The Clinical Supervisor will discuss with Dr. Desjardins any concerns arising from chart reviews;
o The Clinical Supervisor will observe at minimum one (1) group or individual therapy session at every meeting, to be selected at the sole discretion of the Clinical Supervisor, ensuring that both group and individual therapy sessions are observed over the course of the Clinical
Supervision;
o The Clinical Supervisor will make recommendations to Dr. Desjardins for practice improvements and ongoing professional development and inquire into Dr. Desjardins’ compliance with his/her recommendations;
o The Clinical Supervisor will perform any other duties, such as reviewing other documents or conducting interviews with staff or colleagues, that the Clinical Supervisor deems necessary to Dr. Desjardins’ clinical supervision;
o The Clinical Supervisor will provide a report to the College, at a minimum of once every (3) months, or more frequently if the Clinical Supervisor has concerns about Dr. Desjardins’ standard of practice or conduct. Such reports shall be in reasonable detail and shall contain all information the Clinical Supervisor believes might assist the College in evaluating Dr. Desjardins’ standard of practice and conduct, as well as Dr. Desjardins participation in and compliance with the requirements set out in the Order of the Discipline Committee.
ix. Dr. Desjardins shall abide by the recommendations of the Clinical Supervisor;
x. If a Clinical Supervisor who has given an undertaking as set out in Schedule “A” to the Order is unable or unwilling to continue to fulfill its terms, Dr. Desjardins shall, within twenty (20) days of receiving notice of same, obtain an executed undertaking in the same form from a person who is acceptable to the College and ensure that it is delivered to the College within that time;
xi. If Dr. Desjardins is unable to obtain a Clinical Supervisor in accordance with this Order, she shall cease to practice until such time as she has done so;
xii. Dr. Desjardins shall consent to the disclosure by her Clinical Supervisor to the College, and by the College to her Clinical Supervisor, of all information the Clinical Supervisor or the College deems necessary or desirable in order to fulfill the Clinical Supervisor’s undertaking and Dr. Desjardin’s compliance with this Order; and
xiii. Dr. Desjardins shall inform the College of each and every location where she practices including but not limited to hospitals, clinics and offices, in any jurisdiction (collectively her “Practice Location(s)”), within fifteen (15) days of the date she resumes practice following the suspension of her certificate of registration described above in paragraph 3, and shall inform the College of any new Practice Locations within fifteen (15) days of commencing practice at that location, for the purposes of monitoring her compliance with this Order.
Re-Assessment
xiv. Approximately six (6) months after the completion of the period of clinical supervision as set out as above, Dr. Desjardins shall, at her own expense, undergo a re-assessment by a College-appointed assessor (the “Assessor(s)”). The re-assessment may include chart reviews and direct observation of individual and group therapy sessions, interview with Dr. Desjardins, her colleagues and co-workers, feedback from patients and any other tools deemed necessary by the College. The Assessor(s) shall submit a written report on the results of the re-assessment to the College; and
xv. Dr. Desjardins shall cooperate fully with the re-assessment and with the Assessor(s). Dr. Desjardins shall consent to the disclosure to the Assessor(s) of the reports of the Clinical Supervisor arising from the supervision and shall consent to the sharing of all information between the Clinical Supervisor, the Assessor(s) and the College, as the College deems necessary or desirable.
- Dr. Desjardins pay costs to the College of $6,000.
More detail can be found in the reasons for decision linked below.