OGDEN, Utah — A doctor is facing sexual battery charges for grabbing a patient’s breasts and using them as “pads” while unconscious during surgery.

According to charging documents, 65-year-old Bryson Swain Smith was reported by hospital staff after he made sexual comments and actions during surgery on October 11, 2021.

Nurses assisting with the surgery told Weber County Sheriff’s office that the female patient was under anesthesia when Smith started to talk about his upcoming retirement.

A nurse said that Smith changed the subject and started to talk about “swinging” and being bisexual, where he said, “I swing both ways, which is why I can do this,” grabbing both of the patient’s breasts and making a “circular motion” over his genitals.

The nurses said the room was quiet and heard him say, “Uh, no one report me for that,” according to the documents.

During the surgery, a nurse said that Smith was near the patient’s neck when he placed his wrists on her chest, which is common practice for the surgery.

However, the nurse said Smith commented, “it’s a good thing she has these nice pads here that I can rest my hands on.”

The nurse noticed him “patting” his wrists on the patient’s breasts which wasn’t common practice during the surgery, and believed he was doing so on purpose.

After interviewing the hospital staff, Smith was booked into the Weber County Jail for two counts of sexual battery.

KSL-TV contacted the hospital where Smith was practicing, and they gave this statement:

The hospital takes allegations of this type very seriously. Upon learning about this allegation involving an affiliated physician, the hospital immediately investigated and closely followed hospital policies and protocols, including notifying the patient and making reports to law enforcement and appropriate agencies. The physician is no longer a member of our medical staff.