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THE FOLLOWING INFORMATION WAS OBTAINED FROM THE DOCTOR SEARCH SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO WWW.CPSO.ON.CA
Date: 30/09/22 3:06:11 AM

Gebien, Darryl Jordan

CPSO#: 90299

MEMBER STATUS
Active Member as of 28 Jun 2021
CURRENT OR PAST 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 Faculty of Medi, 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
Suspension of registration imposed: Discipline Committee Effective: 28 Apr 2020
Suspension of registration removed Effective: 28 Jun 2021

Practice Restrictions

Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 28 Apr 2020 Active
 (1 of 3)
            As  from April 28, 2020, by order of the Discipline Committee of the College of
            Physicians  and  Surgeons  of  Ontario,  the  following  terms,  conditions and
            limitations are imposed on the certificate of registration held by  Dr.  Darryl
            Jordan Gebien: 

            (i)   Upon  his  return  to  practice, Dr. Gebien shall comply with the College
                  Policy:  Ensuring  Competence:   Changing   Scope   of   Practice  and/or
                  Re-Entering Practice.

            (ii)  Dr. Gebien shall inform the College of any and all new Practice Locations
                  within fifteen (15) days of commencing practice at that location;

            (iii) Prior  to his return to practice, Dr. Gebien shall, at his  own  expense,
                  enter into  a  health  monitoring  agreement  with  the  Ontario  Medical
                  Association's Physician Health Program ("PHP Agreement");

            (iv)  Dr.  Gebien shall not return to practise until he has entered into a  PHP
                  Agreement,  the  PHP has approved his return to work, and the College has
                  approved his return to work;

            (v)   Dr. Gebien shall abide  by  any  requirements of the College in approving
                  his return to work, including entering into an undertaking as required by
                  the College;

            (vi)  Dr.    Gebien    shall    provide    his    irrevocable     consent    to
                  information-sharing/reporting between the College and the PHP, as well as
                  workplace  monitors  and  treating  health  professionals  and any  other
                  persons  necessary  in  order  for  the  College  to  receive information
                  relevant to his compliance with these or any other terms of this Order;

            (vii) In addition to the consent provision above, Dr. Gebien shall request that
                  the PHP provide reports to the College at minimum on a twice a year basis
                  or as otherwise requested by the College;

            (viii)Dr. Gebien shall remain in the PHP Agreement and shall  fully comply with
                  the requirements of the PHP Agreement and any restrictions imposed by the
                  PHP Agreement prior to his return to practice;

            (ix)  In the event that Dr. Gebien terminates his relationship with the PHP, or
                  his PHP Agreement is suspended by the PHP, such action may  constitute  a
                  breach of this Order:

            (x)   Dr.  Gebien  shall  provide  his  irrevocable  consent  to the College to
                  provide  the  following  information  to  any  person  who requires  this
                  information for the purposes of facilitating his compliance  with  a  PHP
                  Contract:

                  (a)   information relevant to the making of this Order;
                  
                  (b)   information relevant for the purposes of monitoring compliance with
                        this Order:
                  
                  (c)   information  which  they  reasonably  believe indicates a potential
                        risk of harm to patients.
                  
            (xi)  Dr.  Gebien  shall  provide his irrevocable consent  to  the  College  to
                  provide this Order to  any Chief(s) of Staff, or a colleague with similar
                  responsibilities, at any  hospital  or  Practice  Location  at  which  he
                  practises  or  have privileges ("Chief(s) of Staff"), and to provide said
                  Chief(s) of Staff  with  any  information the College has that led to the
                  circumstances  of this Order and/or  any  information  arising  from  the
                  monitoring of Dr. Gebien's compliance with this Order;

            Prescribing Restrictions

            (xii) Dr.  Gebien  shall   not   issue  new  prescriptions  or  renew  existing
                  prescriptions for or administer any of the following substances:

                  (a)   Narcotic Drugs (from the  Narcotic  Control  Regulations made under
                        the Controlled Drugs and Substances Act, S.C., 1996. c. 19);
                  
                  (b)   Narcotic Preparations (from the Narcotic Control  Regulations  made
                        under the Controlled Drugs and Substances Act, S.C. 1996. c. 19);
                  
                  (c)   Controlled  Drugs  (from  Part  G  of the Food and Drug Regulations
                        under the Food and Drugs Act, S.C. 1985. c. F-27);
                  
                  (d)   Benzodiazepines   and   Other   Targeted   Substances   (from   the
                        Benzodiazepines  and  Other  Targeted Substances  Regulations  made
                        under the Controlled Drugs and Substances Act, S.C. 1996. c. 19):
                  
                        (A  summary  of the above-named  drugs  [from  Appendix  I  to  the
                        Compendium of  Pharmaceuticals  and  Specialties]  is  attached  as
                        Schedule  "A"  to  this  Order; and links to the current regulatory
                        lists are attached as Schedule "B" to this Order)
                  
                  (e)   Monitored  Drugs  (as  defined   under  the  Narcotics  Safety  and
                        Awareness Act, 2010, S.C. 2010, c.  22.  with a link to the current
                        regulatory list attached as Schedule "C" to this Order);
                  
                        and as amended from time to time.
                  
                  
                  
            (2 of 3)
            As  from  May  8,  2016,  the  following  is imposed as a term,  condition  and
            limitation on the certificate of registration held by Dr. Darryl Jordon Gebien,
            in  accordance with an undertaking and consent  given  by  Dr.  Gebien  to  the
            College of Physicians and Surgeons of Ontario:

                  Dr.  Gebien  has  ceased to practise medicine in all jurisdictions at the
                  current time.                                                            
                
                
                  
            ( 3 of 3)
            The certificate of registration  held  by Dr. Darryl Jordon Gebien also carries
            the  following  term,  condition  and  limitation   imposed  by  the  College's
            Registration Committee, effective February 3, 2011:

                  Dr. Darryl Jordan Gebien may practise medicine independently in Emergency
                  Medicine, only.


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: 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.