Previous Hearings
Committee: Discipline
Decision Date: 18 May 2012
Summary:
On May 18, 2012, the Discipline Committee found that Dr. Elliott Saul Cohen committed an act
of professional misconduct, in that the governing body of a health profession in a jurisdiction
other than Ontario has found that the member committed an act of professional misconduct that
would, in the opinion of the panel, be an act of misconduct as defined in the regulations. Dr.
Cohen admitted the allegation.
Dr. Cohen is an obstetrician/gynaecologist who practises part-time in Ottawa and has a primary
practice in New York State with a license limited to the medically under serviced area of
Watertown.
On August 15, 2008, the New York State Board for Professional Medical Conduct found that
between approximately February 2005 and March 2007, Dr. Cohen prescribed certain
non-controlled prescription drugs to customers of a pharmacy for a fee. He reviewed online
requests from approximately 400 members of the general nationwide public.
The New York State Board found that Dr. Cohen's issuance of prescriptions to online patients did
not meet the minimally accepted standard of care in that he failed to: have a sufficient
physician-patient relationship with the patients; take a history and perform examinations;
formulate a reasonable diagnosis; and maintain adequate medical records. The Board also found
that Dr. Cohen acted with negligence in that he failed to issue the prescriptions in good faith, his
records were inadequate and that he violated the spirit of his limited license. It was noted that the
drugs involved were drugs that did not have a high abuse potential but rather had safety profiles
similar to many over the counter drugs.
The New York State Board reprimanded Dr. Cohen and ordered a fine of $10,000. Upon a
request for review, the Administrative Review Board added a three year suspension, which was
stayed except for three months, and a fine was set at $30,000.
Therefore, the Committee ordered and directed that:
1. the Registrar impose the following term, condition and limitation on the certificate of
registration of Dr. Cohen:
a) Dr. Elliott Saul Cohen must successfully complete, at his own expense,
College-facilitated instruction in Ethics.
2. Dr. Cohen attend before this panel to be reprimanded.
3. Dr. Cohen pay costs to the College in the amount of $3650.00 within 60 days of the date
of this order.
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): May 18, 2012