ALBERTA DOCTORS IN SEX, DRUG SCANDALS

Crack Use With Patient Doesn't Cost Licence

Two Alberta physicians have been suspended -- one for smoking crack
with a patient and the other for having a sexual relationship with a
former patient -- in two cases that are sparking controversy over how
regulators discipline doctors.

The College of Physicians and Surgeons of Alberta said Friday it has
indefinitely suspended one doctor for using crack cocaine with a
patient, and also helping the patient become addicted to the narcotic
pain reliever OxyContin.

College officials refused to permanently revoke the physician's
licence or name the doctor, who was identified only as "Dr. A07" in
its discipline reports.

In a second, unrelated case, the college handed a nine-month
suspension to Dr. John Faul of Calgary for a sexual relationship with
a former patient while continuing to treat her spouse and children.

A medical ethicist said he was troubled by the college's decision to
not name the doctor who was suspended for the drug offences.

The leader of the provincial NDP said the doctor should have faced a
more severe reprimand than a suspension.

"I'm concerned this doctor could return to practise," said NDP Leader
Brian Mason. "Clearly there's a real lack of responsibility on the
part of that person. I would have to say he's unfit to practise." Dr.
Trevor Theman, registrar of the college, defended his organization's
decision not to name Dr. A07 or revoke his licence, saying the matter
was carefully considered at a disciplinary hearing.

He added it would be a "daunting task" for the physician to return to
practice, noting there are a series of strict assessments and upgrades
the doctor must first perform.

"We're being very open and transparent about what we're doing," said
Theman.

"In this case, all the information has been published. Everything
except the name."

Friday, the college said it found Faul guilty of unbecoming conduct
for a nearly three-year relationship with his former patient while
continuing to treat the woman's family, including her three children.

In addition to the suspension, the college ordered Faul to complete a
treatment program, pay an $8,912 fine for the organization's
investigation and hearing costs, while also complying with a variety
of other conditions.

Both Faul and his lawyer refused comment on his case when contacted by
the Herald on Friday.

The college, meanwhile, found Dr. A07 guilty of unbecoming conduct as
well as a lack of skill or judgment for the physician's
inappropriately intimate relationship with a patient, which included
the illicit drug use.

A decision from the regulator said the doctor provided hundreds of
tablets of Oxycontin -- an opiate-based pain reliever -- to the
patient by writing prescriptions for the drug in the name of other
individuals, including the patient's child.

On April 13, 2006, for instance, the doctor provided at least two
prescriptions for 240 tablets of the drug, although he did make an
effort to void one of the prescriptions.

It isn't clear whether the physician and the patient were selling the
Oxycontin.

Theman said police are aware of the case, but he couldn't say whether
the doctor is facing criminal charges.

The college has imposed several conditions that the physician will
have to meet if he is ever to return to practice following the
indefinite suspension, including a "neuro-psychological" and
multidisciplinary assessment. The doctor also faces a $35,000 fine to
cover the costs of the college's investigation and hearing.

While Mason said the doctor's licence should have been revoked
altogether, another observer said the indefinite suspension may have
the practical effect of the physician never practicing again.

"There's a reasonable degree of public protection in this situation,"
said Chris Levy, a medical ethicist at the University of Calgary. "I
still wouldn't want to go see this doctor."

Alberta Health officials refused comment on the college's
decision.

In the past decade, the College of Physicians and Surgeons of Alberta
has revoked the licences of five physicians. Another 16 doctors have
been suspended.

The college receives about 650 complaints about physician conduct
annually.