12 doctors in Sask. disciplined for inappropriate behaviour toward patients from 2000-2015

A CBC News examination of discipline cases has found that 48 doctors have been disciplined in Saskatchewan in the past 15 years, including 12 for conduct with patients -- everything from criminal sexual assaults and physical touching to entering into personal relationships.

Those 12 are among at least 250 cases of discipline for inappropriate conduct with patients CBC News found in examining records from the physician regulatory bodies across Canada since 2000.

"The numbers discourage me, the numbers infuriate me, but they don't surprise me," said Marilou McPhedran, a professor at the University of Winnipeg and an international expert on sexual abuse of patients.

The numbers discourage me, the numbers infuriate me, but they don't surprise me.- Marilou McPhedran, University of Winnipeg professor

McPhedran said Canada needs better tracking of physician discipline across the country. In 1991 an Ontario task force she led recommended a national database of discipline -- something that still doesn't exist.

She also said the transparency of information about discipline varies from province to province, where provincial governments have given regulatory colleges the authority to discipline physicians.

"We need to take that responsibility back to the governments and not just look at the regulatory bodies. Because they're all operating under laws and those laws are all made by the governments," McPhedran said.

The case of Dr. Amjad Ali

A doctor in Regina who was found guilty of unprofessional conduct with patients was allowed to continue practising.

The College of Physicians and Surgeons of Saskatchewan disciplinary council said Dr. Amjad Ali was found guilty of unbecoming, improper, unprofessional or discreditable conduct in 2004 after he was found to be engaging in sexual comments with two patients. Ali, through his counsel denied the allegations in the hearing.

At that time, he was required to enroll in a boundaries education program, have a chaperone present for all female patients, and post a sign in his waiting room advising that he would have a chaperone present for visits with women.

But he was allowed to keep practicing.

Seven years later, Ali faced another discipline hearing for unbecoming, improper, unprofessional or discreditable conduct in relation to three patients.

We argued that Dr. Ali had some underlying medical and psychological issues that led to his behavioural problems.- Statement from Aaron Fox, Dr. Amjad Ali's lawyer

One patient said he asked if she would have "a love affair" with him.  Another patient said she was asked if she could be his lover, and a third patient complained he disclosed intimate details about his love life.

Ali entered a guilty plea on one of three charges, but was found guilty of all three. Ali's licence was revoked and he was fined. His punishment is now the subject of an appeal.

Ali's lawyer, Aaron Fox, sent CBC News a statement on Ali's behalf, saying the doctor is not prepared to discuss his case publicly, as he is waiting for a decision at the Court of Queen's Bench in Regina over whether or not his licence to practice medicine should have been revoked.

Fox's statement continues, "We argued that Dr. Ali had some underlying medical and psychological issues that led to his behavioural problems. We argued that now that those problems are being addressed it would be appropriate to allow him to practice with the required monitoring and controls in place."

The college's website says Ali entered a guilty plea in 2013 to five additional professional charges, including practising while suspended and charging an excessive fee to fill out a medical marijuana form for a patient. It also says he encouraged that patient to refer other individuals seeking authorization to possess marijuana, and asked that the patient tell them to contact Ali.

The following document shows the reasons for the decision in Ali's case, as well as his appeal. 

What can you learn about your doctor?

Doctor licensing, development, investigating and discipline in Saskatchewan is carried out by the Saskatchewan College of Physicians and Surgeons. CBC reached out to the College of Physicians and Surgeons in Saskatchewan for comment, but an interview request was declined.

Each of the provincial colleges across the country are members of the Federation of Medical Regulatory Authorities of Canada (FMRAC), which also declined an interview request. It sent a survey to its members about how their disciplinary process works, and shared each of their responses with CBC.

The survey revealed the Saskatchewan College of Physicians and Surgeons makes details of its censure and discipline of doctors available on its website going back 16 years. It said that's when it started collecting that information electronically. Any censure or discipline against a doctor before 2000 must be found manually through a search of a physician's file. In Ontario, the same information is available from the 1980s.

No clearly-defined duty to report sexual abuse to Sask. police

In other jurisdictions, including Ontario, regulatory bodies may report sexual abuse by doctors to the police. The Saskatchewan College said it is somewhat limited in privacy legislation when it comes to reporting matters to law enforcement.

"Information which discloses the personal health information to the police cannot proactively be provided to police unless the patient consents," it said in a written response. "Where a patient complains to the College about conduct that appears to constitute a criminal offence, the College will provide the patient with information about how to report the matter to police."

While some other jurisdictions are able to impose lifetime bans on their members, the Saskatchewan college cannot. The survey asked if doctors are found to have committed an offence of a sexual nature, whether it contacts the physician's patients to alert them. In Saskatchewan, the College is unable to identify a doctor's patients so it doesn't reach out to inform them. However, the College of Physicians and Surgeons said that information is shared with the media and also made public on its website.

The Saskatchewan College posts profiles of Saskatchewan doctors on its website. It also shares steps along the discipline process, including charges against doctors, the date the charges were made, details of the charges, whether or not a hearing is in progress or is completed, and details of its decisions. Its doctor profiles also include doctors' licence history, including whether a doctor has previously had their licence revoked or suspended.