College of Physicians writes us about Dr. Deluco

SooToday.com received the following letter today from Dr. Jack Mandel, president of the College of Physicians and Surgeons of Ontario.

Dr. Mandel writes in response to this week's statement by Ward 5 Council Candidate Mark Brown, who called for the reinstatement of Dr. Anthony Deluco.

*************************** I write in response to Mark Brown’s article relating to Dr. Anthony Deluco in SooToday.com on September 26.

The discipline committee of the College of Physicians and Surgeons of Ontario revoked Dr. Anthony Deluco’s license on September 7, 2005, after having found that he committed acts of professional misconduct, including sexual abuse of patients.

Sexual misconduct involving intercourse calls for mandatory revocation under the Regulated Health Professions Act (RHPA).

In its written reasons, the panel stated it was of the opinion that the sexual nature of Dr. Deluco’s behaviour, his disregard for the women’s welfare, and his misplaced sense of entitlement was shameful and reprehensible.

Were it not mandatory that the panel order revocation and a reprimand, the panel would, in any event, have ordered revocation and a reprimand in this case.

Physicians who have had their licence revoked are allowed under the law to apply for reinstatement.

Where sexual abuse of a patient has been proven, five years must pass before an application can be made.

To date, the college has not received an application for reinstatement from Dr. Deluco.

Should the college, in future, receive an application for reinstatement from Dr. Deluco, the legal process applicable to all applications for reinstatement will commence.

Briefly, physicians must make a written application and provide reasons to the college in support of their request for reinstatement before a hearing to determine the physician’s suitability for reinstatement can be scheduled.

The burden of proof is on physician to establish his or her suitability for reinstatement and the standard of proof is on the balance of probabilities.

A primary focus of the discipline panel in considering applications for reinstatement is protection of the public, including patients, with regard to the risk of re-offending.

Yours truly,

Jack Mandel, MD

President College of Physicians and Surgeons of Ontario.

*************************** Earlier SooToday.com coverage of this story

Full text of decision on Dr. Anthony Deluco How voice mail did in Dr. Anthony Theodore Deluco