Dubins, Jacques Henri (CPSO#: 23011)

Current Status: Expired: Resigned from membership as of 29 Aug 2016

CPSO Registration Class: None as of 29 Aug 2016

Indicates a concern or additional information

Summary

Former Name: Dubins, Jack Henry (used until: 10 Jul 1989 )

Gender: Male

Languages Spoken: English, Spanish

Education:University of Toronto, 1969

Practice Information

Primary Location of Practice
Practice Address Not Available
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Jacques Dubins Medicine Professional Corporation

Certificate of Authorization Status: Inactive: Nov 24 2016

Medical Records Location

Address: Dr. Ken Florence 474 College Street Toronto ON M6G 1A4 Tel: (416) 531-5522
Instructions: Patients should contact Dr. Ken Florence to request a copy of their medical records
Date Received: 24 Jul 2017

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 15 Jun 1969
Transfer of class of registration to: Independent Practice Certificate Effective: 17 Jul 1970
Expired: Resigned from membership. Expiry: 29 Aug 2016

Previous Discipline Hearings

Committee: Discipline
Decision Date: 29 Aug 2016
Summary:

On August 29, 2016, the Discipline Committee of the College of Physicians and Surgeons of 
Ontario found that Dr. Jacques Henri Dubins committed an act of professional misconduct in that 
he has failed to maintain the standard of practice of the profession and in that he 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. 
 
Dr. Dubins, a 72-year-old family physician with an interest in hypnotherapy, has had an 
independent practice in Toronto.  
 
In March of 2013, the College received a complaint about Dr. Dubins from Patient A, a patient 
who had attended Dr. Dubins twice in early 2013 for hypnotherapy for smoking cessation.  
 
Patient A complained that:  
   -  Dr. Dubins’ office was dirty;  
   -  During the appointment, Dr. Dubins asked unnecessary and inappropriate questions of a 
      sexual nature that made him feel uncomfortable, such as whether he is gay or straight and 
      whether he is sexually active; 
   -  During the hypnotherapy session Dr. Dubins used graphic and offensive sexual images 
      that caused Patient A to be very uncomfortable; and 
   -  During the session, Dr. Dubins told Patient A to unbutton his pants, lower his fly and 
      lower his pants.  
 
On March 18, 2013, College investigators attended at Dr. Dubins’ office to inspect for 
cleanliness, where they found the following: 
   -  Garbage cans in examination rooms and common areas were filled with garbage; 
   -  The radiator in the examination room was peeling paint and the paint chips were lying on 
      the floor around it; 
   -  Dr. Dubins’ office was cluttered with numerous items including soft drink bottles 
      covered in dust; 
   -  Blinds in the examination room were stained and dusty; paint on the walls was peeling; 
      and 
   -  A plant pot at the front door was filled with dirt and garbage; there was no plant.  
 
In response, Dr. Dubins explained that he used “Aversive Imagery” techniques in his 
hypnotherapy practice, and that patients (including Patient A) are informed of and consent to the 
use of these techniques. He explained that the purpose is to develop strong negative associations 
with the behaviour that the patient seeks to stop (such as smoking). For example, he stated, when 
he asked Patient A to imagine a cigarette in “fishy-smelling vaginal discharge”, his intention was 
to create a negative association with the taste and smell of cigarettes to assist Patient A in 
quitting smoking. He also said he asked Patient A to undo his belt and pants button and lower his 
fly approximately one inch in order to make him more comfortable. He stated that he has 
improved the cleanliness of his office.  
 
The expert retained by the College concluded that although the vast majority of Dr. Dubins’ care 
of Patient A met the standard, he demonstrated a lack of judgment in some areas:   
 
“The vast majority of the aspects of care provided by Dr. Dubins, as far as I am able to discern, 
and based on the information I have, do meet the threshold of standard of clinical practice. 
However, the reliance upon sexually themed aversive imagery (extrapolated from questions 
related to sexual orientation/identity) for simple and discrete chemical-addiction hypnosis is in 
my opinion excessive, not specifically required for positive clinical effect and in a minority of 
cases could render the treatment modality ineffective or even be potentially harmful (i.e., 
triggering past traumatic memories/emotions.)…Likewise, comments (particularly during 
session) related to having a patient unbutton or otherwise loosen their pants may – even if solely 
intended for the purposes of increasing patient comfort – cause anxiety and/or unease in a subset 
of patients…[These] aspects of care … reflect a lack of judgment on the practitioner’s part as 
opposed to a lack of skill or knowledge.” 
 
PRIOR HISTORY WITH THE COLLEGE 
 
In January 1995, the Complaints Committee cautioned Dr. Dubins in person in relation to a 
complaint by a patient who complained that Dr. Dubins made inappropriate comments and used 
inappropriate and unnecessarily intimate images in his smoking cessation therapy. The 
Committee stated that it was “very concerned” about the use of extremely graphic and sexual 
images during the smoking cessation therapy. It said that his approach in his care of this patient 
was “inappropriate”. It also expressed concern that the patient had not been advised in advance 
that sexual material and extremely graphic images would be used during the therapy. He was 
cautioned by the Committee regarding the nature of his treatment of the patient and his failure to 
provide her with an adequate explanation prior to proceeding with the treatment.  
 
 
PENALTY 
 
On August 29, 2016, the Discipline Committee ordered and directed that: 
   -  Dr. Dubins appear before the panel to be reprimanded; and 
   -  Dr. Dubins pay to the College costs in the amount of $5,000 within 30 days of the date of 
      this Order. 
 
On August 29, 2016, Dr. Dubins executed an undertaking with the College to resign and never 
re-apply to practise medicine in Ontario or any other jurisdiction, effective August 29, 2016.

Decision: Download Full Decision (PDF)
Hearing Date(s): August 29, 2016

Concerns

Source: Member
Active Date: August 29, 2016
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Jacques Henri Dubins to the College of Physicians and Surgeons of Ontario, effective August 29, 2016:

Dr. Dubins was referred to the Discipline Committee in October 2015 on allegations of failure to maintain the standard of practice of the profession, disgraceful, dishonourable or unprofessional conduct, sexual abuse and incompetence. Effective August 29, 2016, Dr. Dubins has resigned from the College and has agreed never to apply or reapply for registration as a physician in Ontario or any other jurisdiction. The College did not proceed with a hearing on the allegations of sexual abuse and incompetence but made findings of failure to maintain the standard of practice of the profession and disgraceful, dishonourable or unprofessional conduct.

See PDF for full undertaking.
Download Full Document (PDF)