On May 6, 2019, the Discipline Committee found that Dr. Bailey committed an act of professional misconduct in that he engaged in acts or omissions relevant to the practice of medicine that, having regard to all circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. On December 12, 2019, there was a penalty hearing. Following the hearing, the Committee reserved its decision. On February 3, 2020, the Discipline Committee released its decision and reasons on penalty.
Dr. Bailey is a 76-year-old general practitioner who received his certificate of registration for independent practice in 1969. Dr. Bailey’s practice is located in Ottawa and consists of group psychotherapy, some individual psychotherapy and acupuncture. He is a short- term mental health provider and selects patients referred to him to attend his “AcuDestress Program”.
Dr. Bailey was brought to the attention of the Inquiries, Complaints and Reports Committee (“ICRC”) by the College’s Quality Assurance Committee in 2015. The ICRC determined after investigation and review that there were aspects of Dr. Bailey’s practice that were either unacceptable or deficient and that failed to maintain the standard of practice. Further, the ICRC was of the view that Dr. Bailey was remediable in these areas. On May 4, 2016, the ICRC ordered that Dr. Bailey undergo a specified continuing education or remediation program (a “SCERP”) to address the ICR Committee’s concerns and to protect the public interest. The May 4, 2016 SCERP included the following components:
- Dr. Bailey shall attend and successfully complete the following four courses: the Medical Record Keeping Course offered through the University of Toronto; the Canadian Medical Protective Association’s (“CMPA”) e-modules on medical record keeping; the Understanding Boundaries Course, offered through the Schulich School of Medicine, at University of Western Ontario; and the CMPA module on Privacy and Confidentiality.
- Dr. Bailey shall review and provide a written summary (including how they are applicable to his situation as well as how he plans to change his practice) of the following documents: the College’s policies on Complementary Alternative Medicine, Telemedicine, Consent to Treatment, Confidentiality of Personal Health Information, Maintaining Appropriate Boundaries and Preventing Sexual Abuse, and Medical Records; and the Ontario Regulation 144/94 or the “Advertising regulation,” and the CMPA Good Practice Guide, section on “e-communication”;
- Dr. Bailey shall engage in focused educational sessions, in person, with a clinical supervisor acceptable to the College (the Clinical Supervisor); and
- Dr. Bailey shall undergo a reassessment, with an assessor selected by the College approximately six months following completion of the educational plan.
The allegation of professional misconduct in this matter arises from Dr. Bailey’s response or lack thereof to the May 4, 2016 SCERP.
The Committee found that Dr. Bailey failed to comply with the May 4, 2016 SCERP as required by the ICRC, including that he failed to comply with the schedule set out for completion of the courses, he failed to secure a clinical supervisor in a timely manner, and he unreasonably delayed the completion of all of its elements. The Committee also found that Dr. Bailey’s failure to communicate either in person or through his counsel were an attempt to thwart or delay the process. Such behavior by members of the profession in the view of the Committee is not tolerable.
The Committee noted that panels of the Discipline Committee have made findings of disgraceful, dishonourable or unprofessional conduct in prior cases based on a failure to comply with or breach of orders of College Committees, including the failure to adhere to a SCERP.
It is clear from Dr. Bailey’s testimony that he believed that the SCERP was unfair. His manner of dealing with the situation was to agree to undertake the required remediation, but to thwart the schedule for its completion. Dr. Bailey understood his obligation to comply with the May 4, 2016 SCERP. He delayed complying with the SCERP after his return to practice and to date, has completed it only in part. He failed to communicate in a professional manner with the College staff assigned to his case, despite their repeated efforts to keep the matter moving forward. Dr. Bailey’s actions in securing a supervisor were unhelpful and obstructive. There is no acceptable excuse for this behavior.
The Committee found that Dr. Bailey engaged in disgraceful, dishonourable, or unprofessional conduct as alleged.
Disposition
On February 3, 2020, the Discipline Committee ordered and directed that:
- Dr. Bailey be reprimanded and the fact of the reprimand shall be recorded on the Register;
The Registrar suspend Dr. Bailey’s certificate of registration commencing 14 days following the date of release of the order until the later of:
(i) Four months after the date the suspension commences; or
(ii) The date Dr. Bailey provides to the College proof of his successful completion of the PROBE Ethics and Boundaries course.
- The Registrar impose the following terms, conditions and limitations on Dr. Bailey’s certificate of registration:
(i) Dr. Bailey shall comply with all outstanding requirements of the SCERP as set forth in the Decision and Reasons of the ICRC, dated May 4, 2016. The reference to “a boundaries course” will mean the PROBE Ethics and Boundaries Course (rather than the Understanding Boundaries course which Dr. Bailey previously attended); and
(ii) Dr. Bailey shall comply with the College Policy “Closing a Medical Practice”.
- Dr. Bailey pay to the College costs in the amount of $31,110.00, in equal quarterly payments over the course of two years, to commence within 30 days from the date of release of this order and to be completed within 24 months.
NOTE: On February 14, 2020, Dr. Bailey provided notice of his appeal to the Superior Court of Justice (Divisional Court) from the decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario dated May 6, 2019 and February 3, 2020.
Pursuant to ss.25(1) of the Statutory Powers Procedure Act, the decision of the Discipline Committee is stayed pending the outcome of the appeal.
On May 1, 2020, Dr. Bailey provided notice that he filed an Abandonment of Appeal in the Superior Court of Justice (Divisional Court) on April 30, 2020. The effect of the abandonment is that the Discipline Committee’s order contained in its decision dated February 3, 2020 is no longer stayed and is immediately in full force and effect.
Terms and conditions imposed on certificate by: Member