Committee: Discipline
Decision Date: 09 Dec 1996
Summary:
In December 1996, Dr. Fernandez pleaded guilty to a charge of professional misconduct, as defined in s. 34(3)(c) of the Medical Act, 1970, as amended, in that he had been guilty of misconduct in a professional respect and of conduct unbecoming a medical practitioner. Dr. Fernandez also pleaded guilty to a charge of professional misconduct, as defined in Ontario Regulations 577/75, and 448/80, in that he 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, contrary to s. 26(31) and s. 27(32), respectively. The Committee accepted Dr. Fernandez( guilty pleas based on an Agreed Statement of Facts and found him guilty of professional misconduct.
The Committee ordered the following penalty:
1) Dr. Fernandez was to be reprimanded with the fact of the reprimand to be recorded on the Register.
2) Dr. Fernandez( certificate of registration was to be suspended for a period of six months. The period of suspension shall commence on a date which shall be fixed by the Registrar, who shall take this action within 60 days of the date on which this Order becomes final. In any event, the term of this suspension shall commence not more than 180 days after the date on which this order becomes final.
3) Dr. Fernandez was to pay a fine of $5,000.00 within 60 days of the Order becoming final.