Dialogue Volume 11 Issue 1 2015 | Page 56

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 Issue1_15.indd 56 2015-03-19 11:18 AM