discipline summaries
sional misconduct and thus spared many vulnerable
patients from having to testify at a stressful and lengthy
contested hearing. His admission also spared the College the cost of conducting a contested hearing. The
Committee reviewed patient testimonials written in his
support, although given the scope and breadth of Dr.
Muirhead’s misconduct, it gave them little weight. The
Committee also noted that Dr. Muirhead has completed both boundaries and medical records courses.
The serious nature of Dr. Muirhead’s misconduct was
an aggravating factor. Dr. Muirhead’s abuse of his position of trust must result in a significant penalty.
The Committee found that a suspension of 18
months followed by the significant and extensive terms,
conditions and limitations that have been proposed will
protect the public. The proposed terms, conditions and
limitations address comprehensively all of the aspects
of this case presented in the Statement of Agreed Facts
and Admission. In particular, the lengthy and extensive
remedial program and direct supervisory scrutiny of Dr.
Muirhead once he returns to practice provide significant
protection to future patients. The role of the practice
monitor, the requirement for a chaperone when Dr.
Muirhead is treating female patients, and the requirement that he provide written notice to each patient of
the restrictions on his practice, all provide additional
protection to the public.
The imposition of a lengthy suspension and the reprimand serves to express the profound disapprobation
of the profession of Dr. Muirhead’s behaviour in his
violation of fundamental professional standards, and his
callous disregard for his patients’ welfare. This will also
serve to maintain public confidence in the profession’s
ability to regulate its members.
This serious penalty should serve to deter Dr. Muirhead from such misconduct in the future, as well as act
as a general deterrent to the profession against engaging
in such unacceptable behaviour. It will demonstrate to
Dr. Muirhead and the profession that such misconduct
will not be tolerated.
The nature and structure of the terms, conditions and
limitations that will apply to Dr. Muirhead’s certificate
of registration upon his return to practice will serve
a rehabilitative function. The remedial program and
the intense scrutiny of a supervisor will provide Dr.
Muirhead with the opportunity for significant learning,
which will have to be demonstrated in a comprehensive
56
practice assessment.
The Committee agreed that this was an appropriate case
in which to order costs against the member, at the tariff
rate for one day of hearing, in the amount of $4,460.
Lastly, while it played no role in its determination of
penalty, the Committee was greatly dismayed that Dr.
Muirhead chose not to attend the hearing and face his
professional regulator. No justifiable reason was presented to explain his absence.
Order
The Discipline Committee ordered and directed that:
1. r. Muirhead appear before the panel to be repriD
manded;
2. e Registrar suspend Dr. Muirhead’s certificate of
Th
registration for a period of 18 months, commencing
immediately;
Th
3. e Registrar impose the following terms, conditions and limitations on Dr. Muirhead’s certificate of
registration:
a) fter the completion of the suspension referred to
A
in paragraph 2 above, Dr. Muirhead shall complete a remedial program in psychotherapy under
the guidance and supervision of a preceptor or
preceptors acceptable to the College. The remedial program must be approved in advance by the
College and shall consist of any remedial elements
the College deems appropriate, including, without
limitation, the following:
(i) period of no less than three months, or such
A
longer period as deemed appropriate by Dr.
Muirhead’s preceptor and the College, of high
supervision during which time Dr. Muirhead
shall be restricted from being the most responsible physician and during which he shall see
patients only under the direct supervision of his
preceptor;
(ii) period of no less than three months followA
ing the completion of the high supervision
period referenced above, or such longer period
as deemed appropriate by Dr. Muirhead’s preceptor and the College, of moderate supervision, during which time Dr. Muirhead will
meet with his preceptor on a bi-weekly basis to
review patient records and discuss any issues or
concerns arising therefrom;
Dialogue Issue 1, 2015
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2015-03-19 11:18 AM