On November 15, 2017, the Discipline Committee found that Dr. Thomas Richard Mayberry committed an act of professional misconduct, in that has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all of the circumstances, would reasonably be regarded by members as disgraceful, dishonorable, or unprofessional.
Dr. Mayberry is a family physician practising in Ingersoll, Ontario. He received his certificate of registration authorizing independent practice from the College of Physicians and Surgeons of Ontario (“the College) in 1975 and holds privileges at the Alexandra Hospital, the Tillsonburg District Memorial Hospital and the Woodstock General Hospital.
On July 17, 2012, Dr. Mayberry signed an Undertaking, relinquishing his prescribing privileges with respect to narcotics, narcotic preparations, controlled drugs, and benzodiazepines.
2015 Prescribing of Alprazolam
The College obtained Narcotics Monitoring System (“NMS”) data in relation to Dr. Mayberry for the period from May 22, 2014 to February 10, 2016 which revealed that two prescriptions for Alprazolam 0.5 mg, 90 tablets, were issued on April 9, 2015 and on September 29, 2015, respectively, to Patient A. The prescriptions were obtained from the pharmacy.
Dr. Mayberry breached his Undertaking with the College as Alprazolam is a Benzodiazepine, a category of drugs that Dr. Mayberry is prohibited from prescribing.
2015 Inquiries Complaints and Reports Committee (“ICRC”) Caution
The facts in relation to penalty stated that in 2014, the College received Narcotics Monitoring System (“NMS”) information which revealed that Dr. Mayberry had prescribed contrary to his undertaking on seven occasions, including the following substances: Morphine, Oxycodone, Pentazocine, Ativan, Tylenol 3, Adderall and Concerta.
On September 23, 2015, the ICRC considered the information and required Dr. Mayberry to attend the College to be cautioned in person with respect to this repeated prescribing of controlled substances in breach of his Undertaking with the College.
2016 Investigation
In response to the 2016 Investigation, Dr. Mayberry acknowledged that an error had occurred and that he was disappointed that the error occurred. There is no information with respect to any breaches of Dr. Mayberry’s Undertaking between September 29, 2015 and the present.
Closure of Family Practice
Dr. Mayberry intends to close his family practice on December 1, 2017. Following that time, Dr. Mayberry intends to provide anesthetic services 2-3 times per week at a local hospital. He has found a physician to take over his family practice effective December 1, 2017.
Disposition
On November 15, 2017, the Committee ordered and directed that:
- the Registrar suspend Dr. Mayberry’s Certificate of Registration for a two month period, effective December 1, 2017.
- the Registrar impose the following terms, conditions and limitations on Dr. Mayberry’s Certificate of Registration:
- Dr. Mayberry will successfully complete one-on-one instructions in medical ethics with an instructor approved by the College, at his own expense, within six months of the date of this Order.
- Dr. Mayberry appear before the panel to be reprimanded.
- Dr. Mayberry pay costs to the College in the amount of $5,500.00 within thirty (30) days of the date of this Order.