– Ministry of Health’s silence is also extremely disconcerting
AS a former Minister of Health, I am astounded and bewildered by the way in which the issue of Dr. Vishwamintra Persaud’s continued employment in the Georgetown Public Hospital is being handled. There is deafening silence of some key actors and notable knee-jerk reactions of others.
The arguments published by no less than the Director of Medical Services of the Georgetown Public Hospital that:
**  (i) this is a good doctor and the hospital needs him
** (ii) the doctor has not done “this” again
** (iii) he was not imprisoned nor placed on a sexual offenders list (therefore implying it could not have been so serious!)
** (iv) the Guyana Medical Council permitted him to work,  and
** (v)  most recent, and I am sure not the last, attack on the Minister of Human Services and Social Security accusing her of doing nothing since the public disclosure of November 12! 
I do know the Director of Medical Services (formerly known as the Medical Superintendent) for years as he held the same post when I was Minister of that sector, and, I have never witnessed him coming out to bat for any of his other medical and nursing colleagues whether in closed door meetings or in the public as on this occasion!!!!
The silence of the GPH Corporation Board, which I believe decided to hire the doctor and who can now decide what to do in the light of the new disclosures, is also profoundly disturbing.
The case is a relatively simple one from an ethical point of view. A medical doctor was accused of and convicted and found guilty on a ‘Class E’ felony based on a plea of guilty of “attempted” course of sexual conduct against a child in the second degree in violation of New York Penal Law 110 and 130.80 (1) (b) and on June 11, 2008 was sentenced to an eight (8) year order of protection, ten (10) years of probation, a $2,500 fine, etc.
Of note is that it appears as if the doctor, because he pleaded guilty, was found guilty of class E felony instead of class D which would have meant a jail sentence of several years.
Secondly, the length of the protection order appears to be very long (usually maximum 2 years) and a very extended probation period of 10 years should not be ignored. He also violated New York Education Law 6530 (9) (a) 9(i) by being convicted of an act constituting a crime under New York State law, which relates to professional misconduct.
As a result of Dr. Persaud’s conviction of a felony, the Department of Health of NY State and the State Board for Professional Medical Conduct ordered that Dr Persaud “shall not practice medicine in the State of New York or in any other jurisdiction where that practice is predicated on a valid NY state license to practice medicine”.
Noteworthy in the records of the November 2008 hearing (publicly available) where Dr Persaud appeared and presented his case, the Committee stated that “regardless of how much evidence the Respondent has marshaled about the quality of his medical practice, the Hearing Committee cannot allow him to practice medicine when the evidence about sexual abuse recidivism is so unimpressive. No matter how skilled a physician he is, his sexual crime makes him an unacceptable risk to the people of New York State. His license must be revoked”. 
The Committee went on to state that “the Respondent is entitled to apply for reinstatement of his license three years after the effective date of this Determination and Order. At that point he may be able to prove that which he did not prove in this hearing”.
Fully conscious of his registration status or lack thereof, the doctor then came to Guyana and applied to the Guyana Medical Council for registration to practice medicine. It appeared that he mislead the GMC indicating some marital problems in relation to a divorce being the reason that he was unable to supply a certificate of good standing as required by Guyana law. This apparent duplicity of the doctor is an additional cause for concern. He again, like with the child victim, only addressed the issue when exposed-another telling attribute that would make him less a professional and a worthy individual in any sector.
Cleary the applicant violated, Part IV Offences, Sections 12 and 13 of the Medical Practitioners Act. Of particular significance in relation to Dr. Persaud is Section 17 which states that “ A medical practitioner who is (a) convicted of an offence outside of Guyana which if committed in Guyana would be punishable on indictment…shall be subject to disciplinary proceedings” which could lead to his name being removed from the Register.(3)
Dr. Vishwamintra Persaud’s felony conviction is a crime in Guyana. The Prevention of Crimes (Amendment) Act No. 11 of 2008 provides for the mandatory supervision for life of person convicted of crimes against children as victims in Part 11 which includes molestation, rape, sexual exploitation, pornography, prostitution, incest and kidnapping. The Sexual Offences Act 2010 also makes provisions for such acts.
Furthermore and more telling is that the Sexual Offences Act 2010 reflects the unanimous political will of the Government of Guyana, the Guyana Parliament and the Guyanese public’s abhorrence of such acts of sexual abuse and violence especially against children.
Yet the disclosure of the doctor’s past which should have lead to a bevy of activity to protect the institution’s image, its clients and the laws of the country and to correct the situation expeditiously instead has solicited a level of apologetic ruminations of no mean order.
The case is simple. The doctor in question committed a crime in another country and lost his license to practice as a medical doctor. He therefore cannot practice his profession in this country. He does not have a certificate of good standing, he committed a felon and he deliberately mislead the GMC.
Is Dr. Rambarran saying that the Guyanese public is less important and less at risk than the New York citizens in terms of their rights to protection? 
The conclusion of the Hearing Committee is damning and not a mere slap on the wrist for some mild transgression. The cheering gallery for Dr. Persaud conveniently ignores these facts. Dr. V. Persaud violated the most basic principle of the medical profession – trust. 
Is Dr Rambarran saying that because this person is a doctor there is a different law and treatment for Dr. V. Persaud versus any other sex offender? As a Minister of Culture, Youth and Sport there were several exposures of coaches who molested children and who were charged, convicted and on release not allowed to be employed as coaches around children again.  
The Georgetown Public Hospital Board cannot sit quietly by and allow statements to be made by its key technical personnel, unless its silence indicates complicity with these statements!
It must immediately take a principled position and terminate the employment of the doctor at that hospital. The contractual clause- if the standard one used – allows for the employer without cause to terminate with no notice and no explanation. There are no procedural impediments or hurdles only the will to do what is right and ethical.
Need I remind all concerned that the GMC is the custodian of the medical profession not necessarily the individual practitioners and must act at all times in the interest and protection of the public, especially those who cannot speak for themselves – children.  
The indolent behavior of the GMC, having given the Doctor time to respond in accordance with the Medical Practitioners Act, must correct their mistake forthwith and do what is required in the best interests of the Guyanese public.
The Ministry of Health’s silence is also extremely disconcerting; the leaders of this sector are not unaware of the Cabinet’s views in relation to this sector and recent happenings and as the regulator of the health sector it cannot sit like Pontius Pilate!