Dr. Javad Peirovy sexually abused four female patients in the span of one year at a walk-in clinic, leaving them “traumatized” — the word used by a discipline panel of Ontario’s medical watchdog.

On Wednesday, that same panel decided that Peirovy was fit to keep his licence. Instead of revoking it, they suspended him. In six months, the Toronto doctor will be back at work.

The College of Physicians and Surgeons’ lawyer had requested that the panel, which is independent of the college, revoke his licence.

The college proposed last year that provincial legislation be amended so that “all physical sexual contact between a physician and patient” would lead to mandatory revocation.

A provincial task force, created 16 months ago following a Star investigation into doctors still at work after sexually abusing their patients, is on the cusp of delivering a much-anticipated report to the government on the issue.

The college took the rare step of issuing a statement to the Star on Wednesday.

“The College is disappointed in the discipline panel’s decision not to revoke Dr. Peirovy’s licence,” said college registrar Dr. Rocco Gerace.

“Council supports revisions to the legislation that would require mandatory revocation in any case where physical sexual contact with a patient is proven to have occurred.”

Current legislation makes revocation mandatory for nearly every other form of sexual abuse, including penetration, oral sex and masturbation. But sexual touching remains a grey area, and revocation is entirely at the discretion of the discipline committee panel hearing the case.

“This has been my concern all along, and I see the college (discipline committee) refuses to act unless pushed specifically and directly by the government,” said medical malpractice lawyer Amani Oakley. “This (decision) is not a logical way to proceed when they themselves have recognized that this is sexual abuse.”

Peirovy was found guilty by the panel last July of “acts of professional misconduct in that he engaged in the sexual abuse” of four patients.

In the case of two patients, Ms U and Ms V, he placed his stethoscope on their nipples and cupped their breasts. Regarding Ms W and Ms X, he touched their nipples when “there was no clinical reason” to examine the women in that way, the panel found.

He denied the allegations before the committee, and his lawyer, David Porter, declined to comment on Tuesday.

Peirovy was also found to have demonstrated conduct that was “disgraceful, dishonourable or unprofessional” in telling a fifth patient that they could see each other socially.

He pleaded guilty in criminal court in 2013 to two counts of simple assault, after being initially charged with sexually assaulting six female patients. He had earlier pleaded not guilty to sexual assault in those two cases, and the charges relating to the other four women were withdrawn by the Crown.

Peirovy was given a conditional discharge and 18 months’ probation and was ordered by the court to take counselling.

He is at low risk to reoffend and can practise on female patients safely in the presence of a female chaperone who must also be a health professional, found the four-member discipline panel, chaired by former CPSO president Dr. Marc Gabel, along with Drs. John Watts and Robert Sheppard and community member Diane Doherty.

“To me, any physician who has deliberately sexually abused his patients should be subject to revocation. Full stop,” said medical malpractice lawyer Paul Harte.

Gabel declined to comment through CPSO spokeswoman Kathryn Clarke.

“Decisions of the discipline committee stand on their own and reasons for the decision are provided in detail,” she said.

Evidence presented at Peirovy’s penalty hearing showed that “he is sincerely embarrassed at and ashamed of his actions, and that he never wants this to happen again,” the panel wrote in its 16-page decision.

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The members placed “substantive weight” on the expert evidence of a forensic psychiatrist, Dr. Jonathan Rootenberg, who is identified only as “Dr. M” in the decision.

He found Peirovy is at a low risk to reoffend and he’s “worked hard to understand his inappropriate behaviour” by also working with a medical professional who specializes in boundary issues.

The committee accepted Dr. M’s evidence that Peirovy can improve through professional training and counselling.

“The rehabilitative needs of Dr. Peirovy have been addressed. Specific and general deterrence have also been served,” the panel wrote, also ordering Peirovy to pay $35,000 in costs.

“The penalty, in the view of the committee, is consistent with similar penalties previously imposed by the discipline committee in similar cases.”

The College has taken some action since the Star’s 2013 investigation. It now posts more disciplinary information about doctors on its website, including whether physicians are facing criminal charges, and has said it will consider sharing more information with police.

OTHER CASES

Sammy Sliwin

The prominent Toronto plastic surgeon lost his licence last year after a disciplinary panel found him guilty of professional misconduct for having sex with a patient who was also his lover. He is appealing his revocation to Divisional Court, arguing that it violates his rights under the Charter of Rights and Freedoms. He is still practising pending that appeal.

Bruce Minnes

The former Hospital for Sick Children emergency room pediatrician lost his licence last year after he was found to have engaged in “very instrusive and coercive sexual activities” with a 17-year-old girl who was not his patient. His behaviour was “manipulative” and “predatory,” concluded a disciplinary panel. The incident took place at a summer camp when the girl was a camp counsellor and he was the camp physician. Minnes lost his appeal in Divisional Court.

Sharif Tadros

The Burlington doctor was found to have sexually abused three of his patients and pressured them to drop complaints against him. He groomed the three over a 20-year period for sex, and two ended up with depression and anxiety, according to an agreed statement of fact filed at his discipline hearing.

Eleazar Noriega

The Toronto pediatrician lost his licence last year after the discipline committee found he engaged in “sexual impropriety” with a patient in January 1979. The panel found he subjected the teenaged patient to “protracted sexual stimulation with him” at a health clinic. She only came forward in 2008 after seeing his name on television in relation to other professional misconduct allegations.