Regulatory body reconsiders penalty for doctor in misconduct case
The College of Physicians and Surgeons of Saskatchewan (CPSS) has ratcheted back the penalty it imposed on a man whose medical licence was suspended for professional misconduct.
Jesse Leontowicz originally had his licence suspended indefinitely, and was on the hook for more than $96,000 in costs, after being found guilty of a professional charge, stemming from an incident the CPSS disciplinary hearing committee found to have met “the definition of sexual assault,” despite no criminal charges being brought against him.
The committee concluded that in January 2018, Leontowicz, then a fourth-year medical student, had unprotected sex with a woman (who was not his patient) without her consent, and further that he “hit her multiple times with such force as to cause injury to her face.”
He appealed the original CPSS decision, and while the Saskatchewan Court of Appeal ultimately restored the misconduct finding, it asked the CPSS to reconsider its penalty decision.
It did so, making new decisions based on joint recommendations from involved parties. On Nov. 25, 2023, the CPSS council issued a retroactive suspension of Leontowicz's licence for four years, concluding June 20, 2023. The suspension was characterized on the CPSS website as “already served.”
In addition, on Jan. 19, 2024, the council directed him to pay $48,288.55 in costs associated with the CPSS investigation and the disciplinary hearing — half of what he was originally directed to pay.
He must pay that amount in full “on or before five years after he has obtained any form of medical licensure (including an educational licence),” according to the council's decision.
Should he fail to do so in the time allotted, his licence would be suspended, the Jan. 19 decision states.
However, all of that is contingent on Leontowicz deciding to pursue a licence again.
“If he never obtains a medical licence he will never ( be) required to pay the costs,” wrote Bryan Salte, associate registrar of the CPSS, in an emailed response to questions from Postmedia News.
“Dr. Leontowicz provided evidence of his income and assets to demonstrate that requiring him to pay costs at present would be an undue hardship due to his financial situation.”
As he has a degree, but did not complete postgraduate training, Salte stated, the only licence Leontowicz would be eligible for would be an educational licence “if a residency program accepts him into that residency program.”
“If he is accepted into a residency program the College in the province where he has been accepted will be required to assess the information to determine if he meets the `good character' requirements and the other requirements for licensure,” Salte wrote.