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Schwarz, Peter Robert

CPSO#: 66826

MEMBER STATUS
Revoked: Discipline Committee as of 02 Dec 2019
CPSO REGISTRATION CLASS
None as of 02 Dec 2019
Flag: Indicates a concern or additional information

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Ottawa, 1993

Practice Information

Primary Location of Practice
Practice Address Not Available

Professional Corporation Information


Corporation Name: Peter Schwarz Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Dec 01 2008

Shareholders:
Dr. P. Schwarz ( CPSO# 66826 )

Business Address:
No business address available

Hospital Privileges Flag: indicates a concern or additional information

No Privileges reported.


Hospital Notices

Source:  Hospital
Active Date:  September 21, 2016
Expiry Date:  
Summary:  
On October 12, 2016, North Shore Health Network notified the College that Dr. Peter Schwarz's privileges were suspended, effective September 21, 2016.

Source:  Hospital
Active Date:  September 19, 2016
Expiry Date:  
Summary:  
On October 13, 2016, Sault Area Hospital notified the College that Dr. Peter Schwarz's privileges were suspended, effective September 19, 2016.

Source:  Hospital
Active Date:  September 19, 2008
Expiry Date:  
Summary:  
NOTICE OF SUSPENSION OF HOSPITAL PRIVILEGES:

On September 25, 2008, Sault Area Hospital notified the College that Dr. Peter Robert Schwarz's privileges were suspended effective September 19, 2008.

Specialties

Specialty Issued On Type
Family Medicine Effective: 13 Jun 1995 CFPC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.



University of Ottawa, 01 Jul 1993 to 30 Jun 1994
PostGrad Yr 1 - Family Medicine

University of Ottawa, 01 Jul 1994 to 30 Jun 1995
Resident 2 - Family Medicine

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1993
Transfer of class of registration to: Independent Practice Certificate Effective: 16 Jun 1995
Transfer of class of certificate to: Restricted certificate Effective: 13 Apr 2017
Terms and conditions imposed on certificate Effective: 13 Apr 2017
Terms and conditions amended by Inquiries, Complaints and Repo Effective: 29 Nov 2017
Suspension of registration imposed: Discipline Committee Effective: 08 Mar 2019
Revoked: Discipline Committee. Effective: 02 Dec 2019

Pending Hearings Flag: indicates a concern or additional information

Summary:

Allegations of Dr. Schwarz’ professional misconduct have been referred to the Discipline Committee of the College. It is alleged that Dr. Schwarz is incompetent and/or failed to maintain the standard of practice of the profession in his care of patients. It is also alleged that Dr. Schwarz contravened a term, condition and limitation of his certificate of registration and engaged in disgraceful, dishonourable and unprofessional conduct by failing to comply with the terms of the ICRC’s Order dated April 11, 2017 and in his dealings with Practice Monitors, including engaging in a professional encounter with a Practice Monitor, as a patient, and without a Practice Monitor present and in his conduct during a College compliance visit.


Notice of Hearing: Download Full Notice (PDF)

Hearing Date(s): February 19, 2020 1:00 p.m. to 4:00 p.m.

Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 08 Mar 2019
Summary:

On March 8, 2019, the Discipline Committee found that Dr. Peter Robert Schwarz 
 committed an act of professional misconduct, in that he engaged in sexual abuse of a 
 patient; and  in that he 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.  

 Sexual Abuse and Disgraceful, Dishonourable or Unprofessional Conduct regarding 
 Patient A 

 Patient A testified that she had seen a specialist about a problem with her cervix and 
 had had an abnormal Pap test and had a subsequent loop electrosurgical excision 
 procedure (LEEP) and “cone” procedure. She understood there were cancer cells 
 present and that she had an HPV infection. She “Googled” information about HPV and 
 realized the virus could also be in her mouth as it was sexually transmitted. 

 Patient A testified that subsequently, she went to see her dentist and asked him to 
 check her mouth for HPV related lesions. She said her dentist became embarrassed 
 because she told him that she enjoyed giving oral sex. She found his embarrassment 
 and discomfort to be amusing.  She stated she was not trying to embarrass the dentist 
and was trying to make light of the situation. The dentist checked her mouth and found 
 no HPV related problems. 

 Patient A described a visit to Dr. Schwarz on October 2, 2015. She testified that during 
 that visit, she told Dr. Schwarz about the dental visit and that the dentist was 
 embarrassed. She stated that Dr. Schwarz laughed and as she was preparing to leave, 
 he said that “it’s funny he (the dentist) was embarrassed and it’s funny that you like 
 doing that.” 

 Patient A testified that Dr. Schwarz opened the door for her and she left the room first 
 and as she entered the hallway she replied, “not any more and you are lucky I have self-
 control.” Patient A testified that her comment “not any more” meant “I don’t like oral sex 
 anymore”. The second part of her comment, “you are lucky I have self control” was 
 intended as a joke and a comeback.  She did not mean it literally but the comment 
 implied that she would give him oral sex. Patient A testified that she had never made a 
 sexual joke to Dr. Schwarz before and neither had he made a sexual joke to her.  

 Following the October 2, 2015 appointment, Patient A described having her blood work 
 done as ordered by Dr. Schwarz. She testified that she received a phone call from Dr. 
Schwarz’s secretary on October 15th saying that the doctor wished to see her and giving 
her an appointment for Tuesday the 20th of the next week (five days later). She became 
very worried that this meant her laboratory tests were abnormal. She decided not to 
wait and so attended as a walk-in patient the next day, October 16, 2015. 
                                        

 Patient A testified that Dr. Schwarz seemed more casual than usual when he came into 
 the room for the appointment. He greeted her by her last name, which was unusual. He 
 rubbed her back and said to her “don’t talk like that in the hallway, someone might hear 
 you”. This was in reference to the remarks about oral sex she made at that previous 
 appointment. Patient A testified that she then asked about her blood work and he said it 
 was okay. He told her that the specialist wanted her to have the HPV vaccine and to 
 stop smoking. She found this unusual, as she was already aware of the specialist’s 
 opinion. She then asked about her cholesterol and he said it was okay and asked her 
 “how much weight did you lose?” She replied “75 pounds - no 65 pounds as I have put 
 10 back on.” He asked “where?” She responded to say “right here”, and to show him her 
 abdominal fat roll by grabbing it in her two hands. 
  
 Patient A testified that he responded by grabbing her roll of fat and by saying, “that’s not 
 fat.” He then “grabbed my boob” and said, “The fat didn’t go there either.” Patient A 
 described that she sat there “frozen” and in disbelief as to what just happened. Patient 
 A testified that Dr. Schwarz then told her to stand up and he put both of his arms around 
her from the front and placed his hands on her “butt,” rubbed the area and said, “the fat 
didn’t go there either.” Patient A described Dr. Schwarz’s hands as making cupped, 
circular motions while on her buttocks and his hand to be making a soft rubbing motion 
while on her breast. Patient A testified that then, she stepped back away from Dr. 
Schwarz and he cupped her left breast again. Patient A said she stepped away again 
and he said “come here little one” and hugged her and said, “again, don’t talk like that in 
the hallway.” Patient A testified she sat down again briefly and then to end the visit, the 
patient opened the door to the examining room and said, “Well, this has been an 
interesting visit.” She then left the office.  
  
 Patient A was hospitalized on October 24th for an episode of vomiting and abdominal 
 pain and subsequently returned to see Dr. Schwarz on December 4th, ostensibly to 
 obtain a repeat prescription for a cream she used for eczema, and also to question him 
 about what he had done.  
 Patient A testified that her real intention was to confront Dr. Schwarz with his behavior 
 and have her questions answered. Patient A testified that Dr. Schwarz responded to all 
 her questions. Among other things, Patient A said Dr. Schwarz told her “I turned him 
 on…it doesn’t matter that we’re married…when two people like each other, nothing like 
 that matters.” Patient A testified that she told Dr. Schwarz she was not interested in 
 “sexual activities,” and then as she went to leave Dr. Schwarz “grabs my butt.” She felt 
 he had not listened to her and she could not believe what had just happened. 
  
 Patient A subsequently reported these incidents to a doctor at the local hospital and she 
 also reported the matter to the police. 
  
 On the basis of its assessment of the witnesses’ credibility and the consideration of the 
 evidence as a whole, the Committee accepted Patient A’s version of the events and 
                                        

 concluded that Dr. Schwarz engaged in sexual abuse of Patient A by touching of a 
 sexual nature, that is, by touching of her breasts and buttocks during office visits on 
 October 16th and December 4th, 2015 in a manner that was not clinically indicated or 
 appropriate.  
  
 The Committee also found that comments made by Dr. Schwarz to Patient A, such as 
his responses to her questions on December 4, 2015 that she turned him on and that it 
did not matter that they were both married, were clearly inappropriate and sexualized, 
and that this constitutes sexual abuse of a patient by remarks of sexual nature. 
  
 Sexual abuse of a patient violates a patient’s trust, autonomy and dignity. Such conduct 
 towards a patient constitutes disgraceful, dishonourable or unprofessional conduct. 
  
 Disgraceful, Dishonourable or Unprofessional Conduct regarding Nurse A, Nurse B and 
 Nurse C by Behavior and Remarks of a Sexual Nature 
 Dr. Schwarz is a family physician practising in City 1, Ontario. Dr. Schwarz held 
 privileges at a Hospital between 2003 and 2015. 

The Committee found that Dr. Schwarz committed an act of professional misconduct, 
in that he 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, regarding Nurse A, Nurse B and Nurse C. 

Nurse A 

Nurse A worked at the Hospital. During a night shift circa 2012, at approximately 11:30 
p.m., Dr. Schwarz and Nurse A were standing alone near the nursing station. Dr. 
Schwarz hooked his finger into the rim of Nurse A’s scrub pants, and pulled them down 
no more than two inches to view her lower back tattoo. He said, “What’s that.” Nurse A 
said “Whoa” and pulled away. In an effort to diffuse the situation without making it 
awkward, Nurse A then lifted her shirt slightly to allow Dr. Schwarz to see the tattoo, 
said “It’s my tattoo,” and left the room. 

The incident made Nurse A highly uncomfortable. Afterwards, she no longer wanted to 
work the night shift with Dr. Schwarz, and arranged her schedule accordingly. She did 
not want to be alone in the department with him, especially at night. She subsequently 
reported the incident to the department’s Chief of Staff. After the event, Dr. Schwarz 
had no further incidents involving Nurse A. 

Nurse B 

Nurse B began working at the Hospital. During one early afternoon shift in the Hospital, 
circa 2010, Nurse B received lab results for a patient which required a physician’s 
review. Nurse B went into the doctor’s lounge to provide Dr. Schwarz with the lab 
                                        

 results. Nurse B and Dr. Schwarz reviewed the results together. As they were exiting the 
 doctor’s lounge, Dr. Schwarz slapped Nurse B on the buttocks. Nurse B turned around 
 and said, “Don’t touch me like that.”  

After this incident, Nurse B felt uncomfortable around Dr. Schwarz. She would no longer 
go to the doctor’s lounge in person to provide test results as she did not want to be 
subjected to this conduct again. She subsequently reported the incident to the 
department’s Chief of Staff.  

Sometime after this incident, Dr. Schwarz approached Nurse B while she was seated at 
a computer and squeezed her shoulders in a massage-like fashion. Nurse B gave Dr. 
 Schwarz a “dirty look,” after which he departed. After the events, Dr. Schwarz had no 
 further incidents involving Nurse B. 

 Nurse C 

 Nurse C began working in the Hospital. During one day shift, Nurse C entered the 
 medication room to retrieve an item. The medication room is small: approximately six 
 feet by seven feet. Dr. Schwarz followed Nurse C into the room and stood in the 
 doorway, approximately four feet away from Nurse C. When Nurse C reached up to take 
 down some medication, Dr. Schwarz said, “you have a lower back tattoo, that’s so sexy, 
can I see it.” Nurse C said “no.” She felt very uncomfortable, because she had no way 
out of the room. Dr. Schwarz laughed and walked away. 

During another shift, after the first incident, Nurse C and Dr. Schwarz were alone in the 
Department. Nurse C was seated at a computer. Dr. Schwarz approached her from 
behind and began to massage her neck and shoulders. Nurse C stopped what she was 
doing and tensed up. She felt extremely uncomfortable. Dr. Schwarz continued the 
massage for approximately one minute before walking away.  

On another occasion around the same time period, Dr. Schwarz made an inappropriate 
sexual comment to Nurse C. Nurse C felt uncomfortable and shut down the 
conversation. 

As a result of these encounters, Nurse C tried to avoid Dr. Schwarz as much as she 
could while continuing to do her job.  After the events described above, Dr. Schwarz had 
no further incidents involving Nurse C. 

 Given the Committee’s findings of touching of a sexual nature of the patient’s breasts 
 and buttocks, the Committee makes an immediate interim order suspending Dr. 
 Schwarz’s certificate of registration, until such time as the Committee makes an order 
 under subsection 5 or 5.2 of the Code.  

 Penalty hearing held on September 10 and 11, 2019. The Committee reserved its 
 decision on penalty.  
                                       

 
On December 2, 2019, the Committee released its penalty Order and reasons. The 
Committee ordered that: 
 
1.    The Registrar revoke Dr. Schwarz’s certificate of registration, effective 
immediately; 
 
2.    Dr. Schwarz is required to reimburse the College for funding provided to the 
patient under the program required by s. 85.7 of the Code, in the amount of $16,060, and 
to post an irrevocable letter of credit or other security acceptable to the College, in that 
amount, to guarantee payment of any amounts he may be required to reimburse;  
 
3.    Dr. Schwarz is required to appear before the Committee to be reprimanded within 
60 days of the date of this Order; 
 
4.    Dr. Schwarz is required to pay costs to the College in the amount of $82,960.00, 
within 90 days of the date of this Order. 
             
Appeal 
 
On December 30, 2019, Dr. Schwartz appealed the Discipline Committee’s March 8, 
2019 decision on finding and December 2, 2019 decision on penalty to the Divisional 
Court.


Decision: Download Full Decision (PDF)
Hearing Date(s): motion Juy 26, 2018. hearing dates: November 26 to 30 and December 3, 2018 penalty hearing dates: September 10, 2019

Concerns Flag: indicates a concern or additional information

Source: Member
Active Date: September 29, 2016
Expiry Date:
Summary:
Criminal Charges:

Effective May 29, 2015,Where a member has been charged with an offence under the Criminal Code of Canada or the Ontario Health Insurance Act and the charge is outstanding and is known to the College, the College By-laws require certain information about the charge to be posted on the register.

The following are outstanding charges against this member, as known to the College, together with the corresponding information:

It is alleged that Peter Robert Schwarz:
(1) on or about December 4, 2015, at the City of Sault Ste Marie did commit a sexual assault on XX, contrary to Section 271 of the Criminal Code.
(2) on or about October 15, 2015, at the City of Sault Ste Marie did commit a sexual assault on XX, contrary to Section 271 of the Criminal Code.

Date of charges: September 16, 2016
Place of charges: Sault Ste Marie, Ontario
Sault Ste Marie Police Service