Marcin, Judi Dianne (CPSO#: 64162)

Current Status: Revoked: Discipline Committee as of 07 Jul 2016

CPSO Registration Class: None as of 07 Jul 2016

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Female

Languages Spoken: English, French

Education:The University of Western Ontario, 1991

Practice Information

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

Professional Corporation Information

Corporation Name: Judi Dianne Marcin Medicine Professional Corporation

Certificate of Authorization Status: Inactive: Sep 23 2016

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 15 Jun 1991
Expired: Terms and conditions of certificate of registration Expiry: 30 Jun 1993
Subsequent certificate of registration Issued: Postgraduate Education Certificate Effective: 16 May 1994
Expired: Terms and conditions of certificate of registration Expiry: 28 Feb 1995
Subsequent certificate of registration issued: Restricted certificate Effective: 18 Aug 1995
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 20 Nov 2003
Transfer of class of certificate to: Restricted certificate Effective: 14 Feb 2013
Revoked: Discipline Committee. Effective: 07 Jul 2016

Pending Hearings

Summary: March 8, 2017 Allegations of Dr. Judi Dianne Marcin’s professional misconduct have been referred to the Discipline Committee. It is alleged that Dr. Marcin has been found guilty of an offence that is relevant to her suitability to practice, that Dr. Marcin 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, that Dr. Marcin engaged in conduct unbecoming a physician, that Dr. Marcin failed the maintain the standard of practice of the profession, that Dr. Marcin contravened a term, condition and limitation on her certificate of registration and that Dr. Marcin is incompetent. Dr. Marcin is alleged to have been found guilty of breaching the terms of her probation, breaching College undertakings, prescribing anti-depressants in a manner that fails to maintain the standard of practice and is incompetent, making inaccurate and untruthful statements to the College and treating family members. August 9, 2017 Allegations of Judi Dianne Marcin’s professional misconduct have been referred to the Discipline Committee. It is alleged that Dr. Marcin 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 in her dealings with Patient A including by borrowing and/or obtaining money from Patient A.

Notice of Hearing: Download Full Notice (PDF)

Hearing Date(s): July 23-27, 2018

Previous Hearings

Committee: Discipline
Decision Date: 30 Mar 2016
Summary:

On March 30, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario 
found that Dr. Judi Dianne Marcin committed an act of professional misconduct in that she has been 
found guilty of an offence relevant to her suitability to practice; engaged in conduct which would 
reasonably be regard by members as disgraceful, dishonourable or unprofessional; failed to maintain the 
standard of practice of the profession; contravened terms, conditions, or limitations on her certificate of 
registration; and engaged in conduct unbecoming a physician.  

The Committee also found that Dr. Marcin is incompetent as defined by the Code.  

CRIMINAL CONVICTION 

On March 22, 2012, Dr. Marcin was convicted of defrauding the Ministry of Health and Long-Term Care 
of $100,356.60 contrary to s. 380(1)(a) of the Criminal Code. Dr. Marcin received a suspended sentence 
and 18 months’ probation. She was ordered to perform 100 hours of community service and to make 
$100,356.60 in restitution 

DR. MARCIN AND PATIENT A 

In 2002, Patient A began seeing Dr. Marcin after he was referred to her by a counsellor at a residential 
treatment center where he had been receiving treatment for addiction. Dr. Marcin was Patient A’s 
psychotherapist as well as his family doctor.  

In approximately March 2010, Patient A told Dr. Marcin that he had developed romantic feelings her. Dr. 
Marcin explained to him that his romantic feelings were not for her personally but for an ideal of someone 
like her. 

Between April 2010 and June 2010, records demonstrate that 17 separate phone calls took place between 
Dr. Marcin and Patient A outside office hours while Dr. Marcin was still providing care to Patient A.   

In the summer of 2010, Dr. Marcin told Patient A that she would be vacationing in an area in Ontario. 
Patient A concocted a story about his substance abuse sponsor heading to a retreat in the same area and 
explained that, if Dr. Marcin could give him a ride, Patient A would then be able to meet his sponsor at 
that retreat. Dr. Marcin agreed. 

Once at Hotel Z, Patient A revealed to Dr. Marcin that he had invented the entire story to be alone with 
her in an attempt to initiate a romantic relationship. 

Dr. Marcin expressed her disappointment with Patient A for misleading her, telling him that she was hurt 
that he had lied to her, and that she had to fire him as her patient.  

Nevertheless, Dr. Marcin allowed Patient A to sleep on her hotel room floor at Hotel Z for the duration of 
the multi-day vacation.  

On the dates in August 2010 in which Dr. Marcin allowed Patient A to stay with her in her room at Hotel 
Z, several other vacant rooms were available at Hotel Z. There were also approximately 20 other hotels in 
the surrounding area. 
On the drive home from Hotel Z in August 2010, Dr. Marcin told Patient A he should no longer see her as 
his doctor. However, Dr. Marcin continued to fill his prescriptions after this date. 

Phone records demonstrate that Dr. Marcin and Patient A spoke on the phone and texted multiple times 
between August 2010 and February 2011. 

In his letters, Patient A had indicated that he and Dr. Marcin could write emails while logged into the 
Gmail account but leave them in the draft folder as a way of communicating without actually having to 
send an email. Dr. Marcin accessed the shared Gmail account on or after May 18, 2010 and composed 
and/or read emails in the drafts folder of the account. 

The College-retained information systems expert recovered 12 emails and email fragments written 
between October 2010 and January 2011 which had been deleted from Dr. Marcin’s computer. 

On December 18, 2012, the College received Dr. Marcin’s original patient chart for Patient A, containing 
a letter from Dr. Marcin to Patient A bearing a date in November 2010 purporting to formally terminate 
her doctor-patient relationship with Patient A. However, the information systems expert determined that 
the document entitled “letter of termination [Patient A] nov 2010.wps”, bearing a date in November 2010, 
was in fact created by Dr. Marcin on December 5, 2012. 

OHIP BILLING RE PATIENT A 

Among other billing and record-keeping issues, between 2009 and 2011, Dr. Marcin billed for OHIP 93 
times for individual psychotherapy for Patient A for which there are no corresponding patient notes. This 
includes billing for services in August 2010 while she was with Patient A at Hotel Z.  

Patient A told the College he did not receive psychotherapy on weekends. In 2010, Dr. Marcin billed 
OHIP 36 times for individual psychotherapy for Patient A on Saturdays. 

FAILING TO MAINTAIN THE STANDARD OF PRACTICE, INCOMPETENCE, AND 
DISGRACEFUL, DISHONOURABLE AND UNPROFESSIONAL CONDUCT RE 
PRESCRIBING 

On February 11, 2013, the Inquiries, Complaints and Reports Committee (“ICRC”) imposed terms on Dr. 
Marcin’s certificate of registration, ordering that she retain a Health Monitor. On October 21, 2013, the 
ICRC gave notice of its intention to vary that Order based on information that Dr. Marcin may be in 
breach of it.  

On November 11, 2013, Dr. Marcin entered into an undertaking with the College, in which she agreed to 
cease to practice medicine in all jurisdictions. Prior to entering into this November 11 Undertaking, Dr. 
Marcin issued 8 patients multiple prescriptions for narcotics between November 1 and November 11, 
2013.  

The College expert found that Dr. Marcin’s November 1 to 11, 2013 prescribing of Narcotic Drugs, 
Narcotic Preparations, Controlled Drugs, Benzodiazepines/Other Targeted Substances, and all other 
Monitored Drugs failed to maintain the standard of practice of the profession in seven of the charts she 
reviewed.  
The assessor concluded that Dr. Marcin exposed all of the reviewed patients to harm or injury by 
prescribing high doses of opioid/benzodiazepines at times in combination with other medications. 

The assessor concluded that Dr. Marcin showed a disregard for pharmacists who had expressed concern 
to Dr. Marcin regarding the risk of prescribing high doses opioids and/or benzodiazepines and in some 
patients a high dose of SSRI’s in conjunction with these drugs, significantly increasing the risk of 
Serotonin Syndrome. 

Dr. Marcin issued multiple prescriptions for narcotics for eight patients in the two weeks prior to signing 
an undertaking with the College in which she agreed to cease to practice medicine in all jurisdictions.  

The College expert concluded that Dr. Marcin displayed a lack of knowledge, skill, and judgment, and 
she exposed all of the patients reviewed to harm or injury. Dr. Marcin exhibited a total disregard for well-
accepted guidelines for routine addiction management. By issuing multiple prescriptions, Dr. Marcin 
increased the risk of overdose, abuse, and diversion of drugs.  

Breaches of undertakings made to the College 

The Committee found that Dr. Marcin contravened a term, condition, or limitation on her certificate of 
registration in respect of her March 26, 2014 undertaking involved prescribing narcotics and other 
monitored drugs when she was expressly prohibited from doing so. 

The Committee also found that Dr. Marcin contravened a term, condition, or limitation on her certificate 
of registration in respect of her December 17, 2014 undertaking.  

Dr. Marcin’s breach of her December 17, 2014 undertaking involved a failure to fulfil the terms of a 
monitoring and rehabilitation plan. Dr. Marcin had not completed a CPD Plan and had not completed the 
Psychotherapy Certificate Program as she had untaken to do. While the Committee believed that Dr. 
Marcin has made some effort to comply with the monitoring terms, it is clear from the totality of the 
record that she repeatedly failed to comply. The College monitor repeatedly reminded Dr. Marcin of the 
terms of her undertaking throughout the monitoring. 

PENALTY 

On July 7, 2016, the Discipline Committee ordered and directed that: 

   1. The Registrar revoke Dr. Marcin’s certificate of registration effective immediately; 
   2. Dr. Marcin appear before the panel to be reprimanded; and 
   3. Dr. Marcin pay costs to the College in the amount of $10,000.00 within thirty (30) days of the 
      date this Order becomes final.

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): January 13, February 29, 2016

Concerns

Source: Member
Active Date: January 25, 2016
Expiry Date:
Summary:
Criminal Finding(s)

If, on or after June 1, 2015, a member is found guilty under the Criminal Code of Canada or the Ontario Health Insurance Act, the College By-laws require certain information about the finding of guilt to be posted on the register if the information is known to the College. The following sets out findings of guilt made against this member on or after June 1, 2015, as known to the College, together with the corresponding information:

On January 25, 2016, Judi Diane MARCIN pleaded guilty to:

on or about September 21, 2013, failing or refusing to comply, contrary to the Criminal Code of Canada s.733.1(1), with a Probation Order made by the Ontario Court of Justice on March 22, 2012 requiring Marcin to pay restitution to the Court in the amount of $100,356.60, such restitution to be paid monthly and to be paid in full by end of probation period.

On September 20, 2016, Marcin was sentenced to: 21 days in jail, 12 months’ probation and $100 victim surcharge.