Committee: Discipline
Decision Date: 16 Jan 2012
Summary:
On January 16, 2012, the Discipline Committee found that Dr. Miguel Marc Joseph Bonin committed an act of professional misconduct, in that he engaged in conduct or 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.
Patient A was referred to Dr. Bonin for prenatal and maternity care. During an appointment in 2007, in the presence of Patient A's common law partner, Patient A reports that Dr. Bonin stated "isn't this like a dream or a fantasy that you're getting felt up with two in the same room."
Patient B was referred to Dr. Bonin for prenatal and maternity in 2007. Patient B reports that Dr. Bonin made inappropriate comments during vaginal exams that made her uncomfortable. During an exam, Patient B reports that Dr. Bonin said to her a comment like, "you like it dirty, you like it rough." Patient B reports that Dr. Bonin additionally commented to her, "I became this kind of doctor so that I could see pretty women in my office."
Patient C was referred to Dr. Bonin for prenatal and maternity care by her family doctor in 2007 when she was pregnant with her first child. Patient C reports that Dr. Bonin asked her how often she has sex with her husband and questioned how many times she climaxes. Patient C reports that while being educated on the subject of breastfeeding, Dr. Bonin told her that she was well endowed and has a very nice cup size.
Patient D was provided primary care with Dr. Bonin between 2000 and 2009. Patient D reports that in 2003, during her first pap smear, when she was approximately twenty two years old, Dr. Bonin told her to relax, lay back and think about her boyfriend. In 2009, Patient D was uncomfortable and began to bring her boyfriend with her to her prenatal appointments with Dr. Bonin. Patient D reports that on one occasion, during a prenatal appointment, when her boyfriend was not with her Dr. Bonin inquired where her boyfriend was. Patient D reports that she told Dr. Bonin that her boyfriend was out of town and Dr. Bonin said: "oh what time should you be expecting me tonight?"
The Discipline Committee ordered and directed that:
1. The Registrar suspend Dr. Bonin's certificate of registration for a period of three (3) months, to commence immediately.
2. the Registrar impose the following terms, conditions and limitations on Dr. Bonin's certificate of registration:
Practice Monitoring
(i) With the exception of acting as a surgical assistant to a certified surgeon (as detailed below), Dr. Bonin shall not engage in any professional encounter or interaction with any female person except in the presence of a monitor;
(ii) That monitor shall be a member of a health profession pursuant to the terms of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18 as amended, who is acceptable to the College of Physicians and Surgeons (the "College");
(iii) The Monitor must remain in the examination or consulting room at all times during all professional encounters with all female patients;
(iv) The Monitor is required to carefully observe all physical examinations of all female patients, including but not limited to internal examinations of female patients;
(v) The Monitor is required to maintain a log of all female patient encounters and that the log shall provide the name of the female patient, and the purpose and date of the appointment. The Monitor will sign and date the corresponding entry on the female patient's medical record;
(vi) Dr. Bonin shall post a sign in his office and consulting rooms notifying patients of subparagraphs (i) and (ii) above;
(vii) If Dr. Bonin acts as a surgical assistant to a certified surgeon who is operating upon a female patient, he must be in the presence of a Regulated Health Professional throughout the entirety of the encounter with the female patient.
(viii) Dr. Bonin shall keep the College updated with respect to all locations where he acts as a surgical assistant. All Chief of Staff (s) and surgeon(s) whom he assists shall sign a notice advising that they are aware of this order and specifically clause (vii).
(ix) Dr. Bonin shall provide his irrevocable consent to the College to make appropriate enquiries of the Ontario Health Insurance Plan and/or any person or institution who may have relevant information, for the purposes of monitoring and enforcing his compliance with the terms of this Order; and
(x) Dr. Bonin shall submit to, and not interfere with, unannounced inspections of his office(s) and practice(s) and patient charts by a College representative for the purposes of monitoring and enforcing his compliance with the terms of this Order.
3. Dr. Bonin appear before the panel to be reprimanded.
4. Dr. Bonin pay to the College costs in the amount of $7,300.00, within 90 days of the date of this Order.