Disciplinary panel orders revocation of certificate of dentist found to have sexually abused patient

A discipline committee panel of Ontario’s Royal College of Dental Surgeons has ordered the registrar to immediately revoke the registration certificate of a registrant who admitted to a business relationship and a fee-sharing agreement with somebody illegally practising dentistry. 

In Royal College of Dental Surgeons of Ontario v Kochman, 2025 ONRCDSO 5, the panel determined that the registrant committed professional misconduct, as alleged in three hearing notices. 

Specifically, the panel deemed the registrant in breach of ss. 51(1)(b.1) and 51(1)(c) of the Health Professions Procedural Code, schedule 2 to the Regulated Health Professions Act, 1991, and ss. 2(1), 2(8), 2(38), and 2(59) of Ontario Regulation 853. 

One hearing notice referred to a man who operated a dental clinic despite not being a member of either the Royal College of Dental Surgeons of Ontario or the College of Dental Hygienists of Ontario. 

The notice alleged that the registrant had enabled this non-registrant, who was practising dentistry illegally, using the title of doctor, and representing himself as someone qualified to practise dentistry in the province. 

The registrant admitted to a business relationship in which he worked for and received pay from the non-registrant, engaged in fee sharing or splitting, and had a conflict of interest that might prevent him from properly exercising his professional judgment. 

The panel decided that the registrant contravened: 

• ss. 5(4)(g) and 2(38) of the Regulation by practising dentistry in circumstances where he had a conflict of interest relating to his business relationship with the non-registrant 
• s. 5(4)(h) of the Regulation by practising dentistry under his business relationship with the non-registrant that involved fee sharing or splitting 

The registrant also admitted to professional misconduct relating to three patients, anonymized as Patients 1, 2, and 5. 

Regarding Patient 1, the Royal College alleged that the registrant maintained a sexual relationship with her that included sexual intercourse, touching, behaviour, or remarks and sent her electronic messages of a sexual nature. 

As for Patient 2, the Royal College asserted that the registrant breached appropriate dentist-patient boundaries by sending her inappropriate electronic messages. 

Of Patient 5, the Royal College claimed that the registrant was prepared to leave an endodontic file that broke off deep in the patient’s sinus, without informing the patient about the possible complications. 

The panel held that the registrant committed: 

• an act of misconduct under s. 51(1)(c) of the Code and contravened s. 2(1) of the Regulation by breaching or failing to maintain a standard of practice in connection with the incident involving Patient 5 
• professional misconduct under ss. 51(1)(b.1) of the Code by sexually abusing Patient 1 through concurrently treating and maintaining a sexual relationship with her 
• professional misconduct and contravened s. 51(1)(c) of the Code and s. 2(8) of the Regulation by abusing Patient 1 
• professional misconduct and contravened s. 2(59) of the Regulation and s. 51(1)(c) of the Code through conduct deemed disgraceful, dishonourable, unprofessional, or unethical relating to Patients 2 and 5 and his business relationship with the non-registrant 

The panel noted that the registrant admitted to conduct that fellow registrants would reasonably consider disgraceful, dishonourable, unprofessional, or unethical. 

Penalty

The discipline committee panel of the Royal College of Dental Surgeons of Ontario accepted the parties’ joint submission regarding penalties and costs upon finding the proposal reasonable and appropriate in the circumstances. 

Thus, the panel issued an order requiring the registrant to: 

• Personally appear before the panel for an oral reprimand 
• Reimburse the Royal College for therapy funds that it provided to Patient 1 
• Post security of $17,370 to guarantee the required payments 
• Pay Ontario’s finance minister a $35,000 fine 
• Pay the Royal College $10,000 in costs and legal expenses