College weighs doctor's abuse against military needs: Knowledge Driven Revolution

Related - Forces stand by psychiatrist, despite admitting having sex with patient

Related - Ottawa psychiatrist resigns over allegations of 'disgraceful' sexual impropriety

Related - Psychiatrists to get more powers in Alberta

The College of Physicians and Surgeons in New Brunswick is caught between its colleagues in Newfoundland and Labrador, who stripped a psychiatrist of his licence there, and the Canadian military, which wants him to continue treating soldiers at CFB Gagetown.

Dr. James Hanley, who lost his licence to practise in Newfoundland and Labrador for having sex with a female patient, continues to practise in New Brunswick, even though he agreed not to do so.

At a time when the psychiatric services are in high demand among military personnel, he's been treating soldiers at the base near Fredericton.

In 2005, Hanley surrendered his N.L. licence to the college of physicians there and shut down his St. John's practice. He maintained his licence to practise in New Brunswick, but promised not to use it without permission from the N.L. governing body.

Since Hanley's licence was formally stripped in a hearing last week, Dr. Ed Schollenberg, registrar of the College of Physicians and Surgeons of New Brunswick, said the status of his licence has to be considered carefully.

"We have the authority under our rules to act on the basis of an action taken elsewhere outside of our province, I guess in a way to import that finding," Schollenberg said Friday.

But National Defence is arguing that Hanley be allowed to keep his New Brunswick licence because of the demand for psychiatrists in the military, he said.

Maj. André Berdais of the military's health services group said the military will continue to use Hanley's services until the licensing body makes a decision.

"[Hanley] still has licence to practise in New Brunswick, and we are waiting for a reaction from the New Brunswick College of Physicians and Surgeons before we take any action of our own," Berdais said Friday. "But as we stand right now, he's providing a service we require from him and everybody seems to be very happy at the base."

Schollenberg said the New Brunswick board knew Hanley was working in the province even though he wasn't supposed to. He says all the board was told about the complaint against Hanley was that it was of a sexual nature.

"On its own, we didn't need that specific information," Schollenberg said. "But clearly it was part of the factors that would be considered when one was looking at other action we might have taken."

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