College of Opticians of Ontario,
902-85 Richmond Street West
Discipline Findings:
College of Opticians of Ontario and Mr. Guido Panacci, C-877, MD Optical Ltd. (Toronto)
A Panel of the Discipline Committee held a public hearing on April 7, 2006 into allegations of professional misconduct against Mr. Guido Panacci.
Allegations:
It was alleged that Mr. Panacci committed acts of
professional misconduct, in that he:
1. sexually abused a patient,
2. physically abused a patient,
3. engaged in conduct in the course of practicing opticianry, that
having regard to all the circumstances, would reasonably be regarded by
members of the College of Opticians of Ontario as disgraceful, dishonourable
or unprofessional,
4. was found guilty and was convicted of assault, which is relevant to
his suitability to practice.
Mr. Panacci was represented by counsel at the hearing. He admitted the
allegations and the case proceeded on the basis of an Agreed Statement of Facts.
Evidence:
The Agreed Statement of Facts established that Mr. Panacci was a Registered Optician
in 2004, and was the owner and operator of MD Optical Ltd., Toronto.
The Patient attended Mr. Panacci’s store for the purpose of obtaining an eye examination.
Mr. Panacci made a number of sexually suggestive remarks towards the Patient that made
her uncomfortable, such as “oh, you and me in a dark room together, this could be interesting”,
told her that she had beautiful eyes and that she looked “hot” and suggested she take off
all of her clothes when she wished to remove her jacket. He also asked her several times if
she wanted to make a deal. Mr. Panacci touched the Patient, including squeezing her shoulders,
stroking her face, pulling her towards him, grabbing her buttocks and simulating sexual intercourse.
The Patient pushed him away and left the store.
The Panel also heard evidence that Mr. Panacci pleaded guilty to and was convicted of assault
against the Patient in 2005 and was given a three-month conditional sentence and two years probation.
Findings:
The Panel accepted the Agreed Statement of Facts and a joint submission
on penalty submitted by College and defense counsel.
The Panel found that Mr. Panacci committed acts of professional misconduct, in that he:
sexually abused a patient,
physically abused a patient,
engaged in conduct in the course of practicing opticianry,
that having regard to all the circumstances, would reasonably be
regarded by members of the College of Opticians as disgraceful,
dishonourable or unprofessional,
was found guilty and was convicted of assault, which is
relevant to his suitability to practice.
Reasons for Penalty:
Counsel for the College and counsel for Mr. Panacci made a joint submission
regarding penalty and costs. The Panel accepted the jointly proposed penalty as
being appropriate and in the public interest. The Panel believes that the penalty
is appropriate and will serve as a deterrent to Mr. Panacci and any members of the
College of Opticians of Ontario who would engage in such conduct. The conditions
and restrictions placed upon Mr. Panacci’s certificate of registration serve to
protect the public from such behaviour in the future.
Penalty:
1) Mr. Panacci attend before the panel to be reprimanded, with the
fact of the reprimand to be recorded on the register;
2) The Registrar suspend Mr. Panacci’s certificate of registration
for a period of twelve months commencing immediately;
3) The Registrar place the following terms, conditions and limitations
on Mr. Panacci’s certificate of registration:
(i)Mr. Panacci shall, before resuming practice, complete an
ethics and boundaries course approved by the Registrar and the Registrar
shall be satisfied that he has completed successfully; and
(ii)Upon the resumption of his practice, Mr. Panacci shall not
see female patients except in the presence of another adult female until
such time as he provides the Registrar with a report from a psychiatrist
stating that there is little or no likelihood that he will repeat the behaviour
that gave rise to the findings of professional conduct against him and the
Registrar is satisfied with such report.
4)Mr. Panacci pay costs to the College in the amount of $12,000.
At the conclusion of the hearing, Mr. Panacci waived his right to appeal and
the reprimand was administered.
College of Opticians of Ontario and Mr. Balbir
Kumar Ghai, C-894 (Burlington)
Allegations:
It was alleged that Mr. Ghai committed acts of professional
misconduct, in that:
(a) he contravened section 266 of the Criminal Code,
R.S.C. 1985, C-46, s. 745, by committing the offence of
assault, which contravention is relevant to his suitability
to practice;
(b) he sexually abused a patient;
(c) he physically abused a patient; and
(d) he engaged in conduct in the course of practicing
opticianry, that having regard to all the circumstances
would reasonably be regarded by members of the College of
Opticians of Ontario as disgraceful, dishonourable or
unprofessional.
Finding:
The Panel found that Mr. Ghai committed acts of professional
misconduct, in that he contravened section 266 of the
Criminal Code, R.S.C. 1985, C-46, s. 745, by committing the
offence of assault, which contravention is relevant to his
suitability to practice; he sexually abused a patient; he
physically abused a patient; and he engaged in conduct in
the course of practicing opticianry, that having regard to
all the circumstances would reasonably be regarded by
members of the College of Opticians of Ontario as
disgraceful, dishonourable or unprofessional.
Penalty:
The Panel directed that:
1) Mr. Ghai will attend before the Panel to be
reprimanded, with said reprimand recorded in the public
portion of the Register of the College of Opticians of
Ontario (College).
2) The Panel directs the Registrar to suspend the
certificate of registration of Mr. Ghai and Mr. Ghai will
not be permitted to apply for reinstatement of his
certificate of registration until January 1, 2008, at the
earliest; and only thereafter if he has, at his own expense,
successfully completed a course on ethics and boundaries
designed or approved by the Registrar.
3) Mr. Ghai shall pay $10,000.00 towards the costs of
the College, payable on the 15th day of each month, and each
debit payment to be in the amount of $500.00. Payments shall
commence one month from the date of the Order and shall
conclude only when the final payment has been rendered (the
"Payment Period").
4) If Mr. Ghai fails for two consecutive months to
effect the required payment by the 15th day of the month,
regardless of when such failure occurs during the payment
period, the total of the amount outstanding shall be due and
payable forthwith.
5) Since the Panel determines that the Patient was
sexually abused by Mr. Ghai and is therefore eligible for
funding under a program required under section 85.7 of the
Health Professions Procedural Code, Mr. Ghai shall reimburse
the College for any funding provided to the Patient or on
her behalf, for therapy or counseling.
6) Upon re-instatement of Mr. Ghai’s certificate of
registration, he shall not see female patients except in the
presence of another adult female. This condition will be in
effect until Mr. Ghai provides the Registrar with a report
from a psychiatrist that there is little likelihood he will
repeat the behaviour that gave rise to the findings of
professional misconduct against him.
College of Opticians of Ontario and Mr. Shailesh
Harjivan Jobanputra RO, C-1696 (Kitchener)
Allegations:
It was alleged that Mr. Jobanputra committed acts of
professional misconduct, in that:
(a) he contravened a standard of practice of the
profession;
(b) he falsified records relating to his practice;
(c) he signed or issued, in his professional
capacity, documents that he knew or ought to have known
contained false or misleading statements;
(d) he submitted an account or charge for services
that he knew or ought to have known was false or misleading;
and
(e) he engaged in conduct in the course of practicing
Opticianry, that, having regard to all the circumstances,
would reasonably be regarded by members of the College of
Opticians as disgraceful, dishonourable or unprofessional.
Mr. Jobanpura admitted to the allegation and the case
proceeded on the basis of an Agreed Statement of Facts.
Finding:
The Panel found that Mr. Jobanputra committed acts of
professional misconduct, in that he contravened a standard
of practice of the profession; he falsified records relating
to his practice; he signed or issued, in his professional
capacity, documents that he knew or ought to have known
contained false of misleading statements; he submitted an
account or charge for services that he knew or ought to have
known was false or misleading; and he engaged in conduct in
the course of practicing Opticianry, that, having regard to
all the circumstance, would reasonably be regarded by
members of the College of Opticians as disgraceful,
dishonourable or unprofessional.
Penalty:
Penalty:
1) Mr. Jobanputra shall appear before the Panel to be
reprimanded and the fact of the reprimand shall be recorded
in public portion of the Register of the College of
Opticians of Ontario (College);
2) The Panel shall direct the Registrar to suspend
Mr. Jobanputra’s certificate of registration for a period of
two [2] months, to commence as of October 31, 2005;
3) The Panel shall direct the Registrar to place the
following specified term, condition, or limitation on Mr.
Jobanputra’s certificate of registration for a period of two
[2] years, commencing October 4, 2005:
(i) Mr. Jobanputra shall permit a representative
of the College to review the procedures and record keeping
of his practice by permitting the representative to attend
at his business premises, without notice to him, and
examine his records as the representative may require [the
“Inspections”]. The Inspections shall be conducted at the
sole discretion of the College and shall not exceed a
total of ten [10] over a period not exceeding two [2]
years. Mr. Jobanputra shall pay to the College, within
[15] days of each Inspection, costs in respect of each
Inspection to a maximum of $600.00 per Inspection. He is
not required to pay costs for more than six [6]
Inspections;
4) Mr. Jobanputra shall pay part of the costs of
the College in the amount of $8,000.00 payable in eight [8]
monthly installments of $1,000.00 each commencing November
1, 2005; and
5) In the event that any of the payments payable
pursuant to subparagraph 4), above is not made within thirty
[30] days of the date in which it is due [the “Default”],
Mr. Jobanputra’s certificate of registration shall be
suspended for a further period of one [1] week for each such
Default in addition to the suspension ordered pursuant to
subparagraph 2), above. Any additional suspension ordered
against Mr. Jobanputra, is not intended to, and will not,
absolve him of his obligation to pay the entire amount of
the costs ordered against him.
At the conclusion of the hearing, Mr. Jobanputra waived his
right to appeal and the reprimand was administered.
Discipline