THE FOLLOWING INFORMATION WAS OBTAINED FROM THE PHYSICIAN REGISTER SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO (WWW.CPSO.ON.CA) AS OF THE DATE AND TIME NOTED BELOW
27/12/24 00:28:13 AM

General Information

Former Name: No Former Name
Medical School: University of Ottawa, 1984
Gender: Man
Languages Spoken: ENGLISH

Practice Information

Primary Business Location: 3162 Uplands Dr
Ottawa Ontario K1V0A8
Business Email: No Information Available
Phone: 613-594-0055
Fax: No Information Available

Specialties

SPECIALTY ISSUED ON CERTIFYING BODY
Psychiatry
Effective: 14 Nov 1989
Royal College of Physicians and Surgeons of Canada
SPECIALTY: Psychiatry
ISSUED ON: Effective: Nov 14 1989
CERTIFYING BODY: Royal College of Physicians and Surgeons of Canada

Hospital Privileges

No information available

General Information

Former Name: No Former Name
Gender: Man
Languages Spoken: ENGLISH
Medical School: University of Ottawa, 1984

Practice Information

Primary Business Location: 3162 Uplands Dr
Ottawa Ontario K1V0A8
Business Email: No Information Available
Phone: 613-594-0055
Fax: No Information Available

Specialties

SPECIALTY ISSUED ON CERTIFYING BODY
Psychiatry
Effective: 14 Nov 1989
Royal College of Physicians and Surgeons of Canada
SPECIALTY: Psychiatry
ISSUED ON: Effective: Nov 14 1989
CERTIFYING BODY: Royal College of Physicians and Surgeons of Canada

Hospital Privileges

No information available

Practice Conditions

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(1) Dr. GERALD WAYNE POWELL may practise only in the areas of medicine in which Dr. POWELL is educated and experienced.
VIEW DETAILS chevron-down icon
(1) Dr. GERALD WAYNE POWELL may practise only in the areas of medicine in which Dr. POWELL is educated and experienced.

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (2)

Date of Decision: 10 Jan 2017
Summary of Decision:
On January 10, 2017, the Discipline Committee found that Dr. Gerald Powell committed an act of professional misconduct in that: he failed to maintain the standard of practice of the profession; and, he engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful,  dishonourable or unprofessional, with respect to his billing practices.
Psychotherapeutic Frame, Documentation and Medication Monitoring Dr. Powell is a psychiatrist practising in Ottawa. In 2009, following a complaint from a former patient, the College retained an expert to provide an independent opinion with respect to Dr. Powell’s care of this patient. As a result of the concerns raised in this opinion, the College conducted a broader investigation into Dr. Powell’s psychiatric practice under section 75(1)(a) of the Health Professions Procedural Code. 
In this broad investigation, three main areas of concern with respect to Dr. Powell’s care and treatment of patients were identified by an expert retained by the College. These included: Dr. Powell failed to maintain an appropriate psychotherapeutic frame in 19 of the 25 charts;
- Dr. Powell had lapses in his documentation, such as omitting start and stop times in 11 of the
- 25 charts and failing to document the monitoring (by himself or a family doctor) of metabolic
side effects from atypical antipsychotic medications in 8 of the 25 charts; and
-Dr. Powell demonstrated inadequate knowledge regarding the monitoring of atypical antipsychotic medications in at least 1 of the 25 charts.
 
The College expert opined, in part, about Dr. Powell’s failure to recognize and maintain the psychotherapeutic frame of the physician-patient relationship, as follows: “ sessions lasted longer, sometimes significantly longer, than scheduled… In addition, our discussion revealed that Dr. Powell’s justification for extending sessions instead of scheduling longer sessions in advance was based on a lack of knowledge and misunderstanding about psychodynamic principles as related to the frame. He indicated that scheduling a patient for a longer session would be treating them as “special.” In fact, the opposite is true: extending sessions in the manner in which Dr. Powell practices is more likely to gratify a patient’s sense of being special because they are repeatedly “gifted” with extra time. Dr. Powell’s system of scheduling also reveals poor judgment when it comes to deciding how and when to start and stop sessions.…Appropriately managing no shows and cancellations is also part of maintaining the frame. As I learned from the interview, Dr. Powell told patients they would be held financially responsible for missing appointments and late cancellations, yet he did not hold them to that expectation. At one point he told me that when he did collect payment, he returned it because he felt bad about charging the patient. I believe this represents what is called a counter- transference enactment. Rather than working with albeit difficult and uncomfortable transference material, the issue was avoided, modelling an approach that did not reinforce responsible behaviour and dismissed problematic behaviour.
 
In an addendum to his report, the College expert amended his finding with respect to Dr. Powell’s lack of skill with reference to the frame regarding one patient. However, he noted two additional concerns with respect to the documentation of important clinical changes/situations and a lack of judgment in all of the 19 patient charts in which Dr. Powell failed to maintain an appropriate psychotherapeutic frame. In addition to these revisions, the College expert withdrew his concern regarding Dr. Powell’s lack of knowledge of monitoring lipid levels with respect to one patient. The remainder of the opinions reached in his initial report were maintained.
 
Inappropriate Billing Practices
 
The College expert also opined that all 25 charts showed evidence of inappropriate billing and that Dr. Powell’s billing practices did not meet the standard of practice of the profession.
Concerning billing practices included:
- Billing one unit for missed appointments;
- Billing one unit for cancelled appointments (including at least one appointment that was - cancelled by Dr. Powell);
- Billing one unit for telephone calls to patients and telephone prescription renewals;
- Routinely billing for long sessions. Dr. Powell’s average appointment for the patients reviewed is between 80 and 110 minutes; 50 minutes is the generally accepted length for a psychiatric appointment; 
- Billing special visit premium codes (A990A and A994A) when appointments were not always eligible for a premium rate. These premiums are available to a psychiatrist when he or she attends the office on an urgent basis, when they were not otherwise scheduled to attend.
Dr. Powell claimed these premiums in circumstances that did not meet the required criteria;
and
- Double billing for the same block of time. There are several instances where a patient was fit in or had their appointment extended on account of a cancellation and claims were submitted to OHIP for both patients.
 
Penalty and Costs
 
The Discipline Committee ordered and directed on the matter of penalty and costs that:
- The Registrar suspend Dr. Powell’s certificate of registration for four (4) months, to commence at 11:59 p.m. on January 10, 2017.
- The Registrar impose the following as a term, condition and limitation on Dr. Powell’s certificate of registration:
(a) Prior to resuming practice after the period of suspension of his certificate of registration, Dr. Powell shall retain a College-approved clinical supervisor, who will sign an undertaking in the form attached hereto as Schedule “A” (the “Clinical Supervisor”). For a period of twelve (12) months, Dr. Powell may practice only under the supervision of the Clinical Supervisor and will abide by all recommendations of his Clinical Supervisor with respect to his practice, including but not limited to practice improvements, practice management, and continuing education. The period of Clinical Supervision will commence on the expiry of the period of suspension, or on the date that the Clinical Supervisor is approved, if one is not approved during the period of suspension;
(b) If, prior to completion of Clinical Supervision, the Clinical Supervisor is unable or unwilling to continue in that role for any reason, Dr. Powell shall retain a new College-approved Clinical Supervisor who will sign an undertaking in the form attached hereto as Schedule “A”. If Dr. Powell fails to retain a Clinical Supervisor on the terms set out above within thirty (30) days of receiving notification that his former Clinical Supervisor is unable or unwilling to continue in that role, he shall cease practicing medicine until such time as he has obtained a Clinical Supervisor acceptable to the College. If Dr. Powell is required to cease practice as a result of this paragraph, this will constitute a term, condition and limitation on his certificate of registration and such term, condition and limitation shall be included on the public register;
(c) Upon completion of the twelve (12) month period of Clinical Supervision, as described above, within approximately six (6) months, Dr. Powell shall undergo a re-assessment of his practice by a College-appointed assessor (the “Assessor”). This re-assessment by the Assessor will include a review of Dr. Powell’s office charts and an interview with Dr. Powell. Dr. Powell shall abide by all recommendations made by the College-appointed Assessor. The Assessor shall report the results of this re-assessment to the College;
(d) Dr. Powell shall inform the College of each and every location where he practices, in any jurisdiction (his “Practice Location(s)”) within fifteen (15) days of this Order and shall inform the College of any and all new Practice Locations within fifteen (15) days of commencing practice at that location;
(e) Dr. Powell shall consent to the sharing of information between the Clinical Supervisor, Assessor and the College as any of them deem necessary or desirable in order to fulfill their respective obligations;
(f) Dr. Powell shall consent to the monitoring of his OHIP billings and cooperate with inspections of his practice and patient charts by the Clinical Supervisor and College representatives for the purpose of monitoring and enforcing his compliance with this term of the Order. Monitoring this term shall include making enquiries of the Ministry of Health and Long-Term Care regarding Dr. Powell’s billings;
(g) Dr. Powell shall co-operate with unannounced inspections of his office practice and patient charts by the College for the purpose of monitoring and enforcing his compliance with the terms of this Order and shall provide his irrevocable consent to the College to make appropriate enquiries of any person or institution who may have relevant information for the purposes of monitoring and enforcing his compliance with the terms of this Order; and
(h) Dr. Powell shall be responsible for any and all costs associated with implementing the terms of this Order.
- Dr. Powell shall, within three (3) months, pay a fine to the Minister of Finance in the amount of $20,000.00, and Dr. Powell shall provide proof of this payment to the Registrar of the College.
- Dr. Powell to attend before the panel to be reprimanded.
Dr. Powell pay to the College its costs of this proceeding in the amount of $5,000 within thirty (30) days from the date of this Order.
 
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): January 10, 2017

Date of Decision: 03 Feb 2014
Summary of Decision:
On February 3, 2014, the Discipline Committee found that Dr. Gerald Wayne Powell committed an act of professional misconduct, in that he engaged in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Dr. Powell admitted to the allegation.
 
Patient A
 
Dr. Powell treated Patient A from about 1995 to about 1998 in a psychotherapeutic treating relationship, which ended in November 1998. Dr. Powell and Patient A began a romantic relationship shortly after termination of the doctor-patient relationship. Their relationship included hugging, followed by kissing commencing in or about February 1999 and sexual intercourse commencing in about September 1999. Patient A and Dr. Powell planned to get married and Dr. Powell was looking for a home for them to move in together. Their personal, sexual relationship lasted between four and a half and five years.
 
Patient B
 
Dr. Powell treated Patient B from about 1994 to about May, 2004 in a psychotherapeutic treating relationship. Patient B's last appointment with Dr. Powell was on or about May 5, 2004. They saw each other almost daily after the termination of the doctor-patient relationship. He engaged in a sexual relationship with Patient B four to six weeks after termination of the doctor-patient relationship. Patient B did not complain to the College about Dr. Powell's conduct; the relationship came to the College's attention through Patient A.
 
The Discipline Committee ordered and directed that:
 
the Registrar suspend Dr. Powell's certificate of registration for nine (9) months, effective immediately.
 
the Registrar impose the following term, condition and limitation on Dr. Powell's certificate of registration:
 
a) Dr. Powell must successfully complete, at his own expense, the following courses within 12 months of the date of this Order:
 
(i) the College's Understanding Boundaries in Managing the Risks Inherent in the Doctor-Patient Relationship; and
(ii) the College-facilitated instruction in Ethics course.
 
Dr. Powell appear before the panel to be reprimanded.
 
Dr. Powell pay to the College costs in the amount of $4,460.00, within 30 days of the date of this Order. 
 
Reasons for Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): February 3, 2014

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (2)

Date of Decision: 10 Jan 2017
Summary of Decision:
On January 10, 2017, the Discipline Committee found that Dr. Gerald Powell committed an act of professional misconduct in that: he failed to maintain the standard of practice of the profession; and, he engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful,  dishonourable or unprofessional, with respect to his billing practices.
Psychotherapeutic Frame, Documentation and Medication Monitoring Dr. Powell is a psychiatrist practising in Ottawa. In 2009, following a complaint from a former patient, the College retained an expert to provide an independent opinion with respect to Dr. Powell’s care of this patient. As a result of the concerns raised in this opinion, the College conducted a broader investigation into Dr. Powell’s psychiatric practice under section 75(1)(a) of the Health Professions Procedural Code. 
In this broad investigation, three main areas of concern with respect to Dr. Powell’s care and treatment of patients were identified by an expert retained by the College. These included: Dr. Powell failed to maintain an appropriate psychotherapeutic frame in 19 of the 25 charts;
- Dr. Powell had lapses in his documentation, such as omitting start and stop times in 11 of the
- 25 charts and failing to document the monitoring (by himself or a family doctor) of metabolic
side effects from atypical antipsychotic medications in 8 of the 25 charts; and
-Dr. Powell demonstrated inadequate knowledge regarding the monitoring of atypical antipsychotic medications in at least 1 of the 25 charts.
 
The College expert opined, in part, about Dr. Powell’s failure to recognize and maintain the psychotherapeutic frame of the physician-patient relationship, as follows: “ sessions lasted longer, sometimes significantly longer, than scheduled… In addition, our discussion revealed that Dr. Powell’s justification for extending sessions instead of scheduling longer sessions in advance was based on a lack of knowledge and misunderstanding about psychodynamic principles as related to the frame. He indicated that scheduling a patient for a longer session would be treating them as “special.” In fact, the opposite is true: extending sessions in the manner in which Dr. Powell practices is more likely to gratify a patient’s sense of being special because they are repeatedly “gifted” with extra time. Dr. Powell’s system of scheduling also reveals poor judgment when it comes to deciding how and when to start and stop sessions.…Appropriately managing no shows and cancellations is also part of maintaining the frame. As I learned from the interview, Dr. Powell told patients they would be held financially responsible for missing appointments and late cancellations, yet he did not hold them to that expectation. At one point he told me that when he did collect payment, he returned it because he felt bad about charging the patient. I believe this represents what is called a counter- transference enactment. Rather than working with albeit difficult and uncomfortable transference material, the issue was avoided, modelling an approach that did not reinforce responsible behaviour and dismissed problematic behaviour.
 
In an addendum to his report, the College expert amended his finding with respect to Dr. Powell’s lack of skill with reference to the frame regarding one patient. However, he noted two additional concerns with respect to the documentation of important clinical changes/situations and a lack of judgment in all of the 19 patient charts in which Dr. Powell failed to maintain an appropriate psychotherapeutic frame. In addition to these revisions, the College expert withdrew his concern regarding Dr. Powell’s lack of knowledge of monitoring lipid levels with respect to one patient. The remainder of the opinions reached in his initial report were maintained.
 
Inappropriate Billing Practices
 
The College expert also opined that all 25 charts showed evidence of inappropriate billing and that Dr. Powell’s billing practices did not meet the standard of practice of the profession.
Concerning billing practices included:
- Billing one unit for missed appointments;
- Billing one unit for cancelled appointments (including at least one appointment that was - cancelled by Dr. Powell);
- Billing one unit for telephone calls to patients and telephone prescription renewals;
- Routinely billing for long sessions. Dr. Powell’s average appointment for the patients reviewed is between 80 and 110 minutes; 50 minutes is the generally accepted length for a psychiatric appointment; 
- Billing special visit premium codes (A990A and A994A) when appointments were not always eligible for a premium rate. These premiums are available to a psychiatrist when he or she attends the office on an urgent basis, when they were not otherwise scheduled to attend.
Dr. Powell claimed these premiums in circumstances that did not meet the required criteria;
and
- Double billing for the same block of time. There are several instances where a patient was fit in or had their appointment extended on account of a cancellation and claims were submitted to OHIP for both patients.
 
Penalty and Costs
 
The Discipline Committee ordered and directed on the matter of penalty and costs that:
- The Registrar suspend Dr. Powell’s certificate of registration for four (4) months, to commence at 11:59 p.m. on January 10, 2017.
- The Registrar impose the following as a term, condition and limitation on Dr. Powell’s certificate of registration:
(a) Prior to resuming practice after the period of suspension of his certificate of registration, Dr. Powell shall retain a College-approved clinical supervisor, who will sign an undertaking in the form attached hereto as Schedule “A” (the “Clinical Supervisor”). For a period of twelve (12) months, Dr. Powell may practice only under the supervision of the Clinical Supervisor and will abide by all recommendations of his Clinical Supervisor with respect to his practice, including but not limited to practice improvements, practice management, and continuing education. The period of Clinical Supervision will commence on the expiry of the period of suspension, or on the date that the Clinical Supervisor is approved, if one is not approved during the period of suspension;
(b) If, prior to completion of Clinical Supervision, the Clinical Supervisor is unable or unwilling to continue in that role for any reason, Dr. Powell shall retain a new College-approved Clinical Supervisor who will sign an undertaking in the form attached hereto as Schedule “A”. If Dr. Powell fails to retain a Clinical Supervisor on the terms set out above within thirty (30) days of receiving notification that his former Clinical Supervisor is unable or unwilling to continue in that role, he shall cease practicing medicine until such time as he has obtained a Clinical Supervisor acceptable to the College. If Dr. Powell is required to cease practice as a result of this paragraph, this will constitute a term, condition and limitation on his certificate of registration and such term, condition and limitation shall be included on the public register;
(c) Upon completion of the twelve (12) month period of Clinical Supervision, as described above, within approximately six (6) months, Dr. Powell shall undergo a re-assessment of his practice by a College-appointed assessor (the “Assessor”). This re-assessment by the Assessor will include a review of Dr. Powell’s office charts and an interview with Dr. Powell. Dr. Powell shall abide by all recommendations made by the College-appointed Assessor. The Assessor shall report the results of this re-assessment to the College;
(d) Dr. Powell shall inform the College of each and every location where he practices, in any jurisdiction (his “Practice Location(s)”) within fifteen (15) days of this Order and shall inform the College of any and all new Practice Locations within fifteen (15) days of commencing practice at that location;
(e) Dr. Powell shall consent to the sharing of information between the Clinical Supervisor, Assessor and the College as any of them deem necessary or desirable in order to fulfill their respective obligations;
(f) Dr. Powell shall consent to the monitoring of his OHIP billings and cooperate with inspections of his practice and patient charts by the Clinical Supervisor and College representatives for the purpose of monitoring and enforcing his compliance with this term of the Order. Monitoring this term shall include making enquiries of the Ministry of Health and Long-Term Care regarding Dr. Powell’s billings;
(g) Dr. Powell shall co-operate with unannounced inspections of his office practice and patient charts by the College for the purpose of monitoring and enforcing his compliance with the terms of this Order and shall provide his irrevocable consent to the College to make appropriate enquiries of any person or institution who may have relevant information for the purposes of monitoring and enforcing his compliance with the terms of this Order; and
(h) Dr. Powell shall be responsible for any and all costs associated with implementing the terms of this Order.
- Dr. Powell shall, within three (3) months, pay a fine to the Minister of Finance in the amount of $20,000.00, and Dr. Powell shall provide proof of this payment to the Registrar of the College.
- Dr. Powell to attend before the panel to be reprimanded.
Dr. Powell pay to the College its costs of this proceeding in the amount of $5,000 within thirty (30) days from the date of this Order.
 
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): January 10, 2017

Date of Decision: 03 Feb 2014
Summary of Decision:
On February 3, 2014, the Discipline Committee found that Dr. Gerald Wayne Powell committed an act of professional misconduct, in that he engaged in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Dr. Powell admitted to the allegation.
 
Patient A
 
Dr. Powell treated Patient A from about 1995 to about 1998 in a psychotherapeutic treating relationship, which ended in November 1998. Dr. Powell and Patient A began a romantic relationship shortly after termination of the doctor-patient relationship. Their relationship included hugging, followed by kissing commencing in or about February 1999 and sexual intercourse commencing in about September 1999. Patient A and Dr. Powell planned to get married and Dr. Powell was looking for a home for them to move in together. Their personal, sexual relationship lasted between four and a half and five years.
 
Patient B
 
Dr. Powell treated Patient B from about 1994 to about May, 2004 in a psychotherapeutic treating relationship. Patient B's last appointment with Dr. Powell was on or about May 5, 2004. They saw each other almost daily after the termination of the doctor-patient relationship. He engaged in a sexual relationship with Patient B four to six weeks after termination of the doctor-patient relationship. Patient B did not complain to the College about Dr. Powell's conduct; the relationship came to the College's attention through Patient A.
 
The Discipline Committee ordered and directed that:
 
the Registrar suspend Dr. Powell's certificate of registration for nine (9) months, effective immediately.
 
the Registrar impose the following term, condition and limitation on Dr. Powell's certificate of registration:
 
a) Dr. Powell must successfully complete, at his own expense, the following courses within 12 months of the date of this Order:
 
(i) the College's Understanding Boundaries in Managing the Risks Inherent in the Doctor-Patient Relationship; and
(ii) the College-facilitated instruction in Ethics course.
 
Dr. Powell appear before the panel to be reprimanded.
 
Dr. Powell pay to the College costs in the amount of $4,460.00, within 30 days of the date of this Order. 
 
Reasons for Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): February 3, 2014

Training

Medical School: University of Ottawa, 1984

Registration History

DETAILS DATE
Transfer of class of registration to: Independent Practice Certificate Effective: 26 Feb 2021
Terms and conditions amended by Member. Effective: 25 Nov 2019
Suspension of registration removed. Effective: 10 May 2017
Suspension of registration imposed: Discipline Committee Effective: 10 Jan 2017
Terms and conditions amended by Discipline Committee. Effective: 10 Jan 2017
Suspension of registration removed. Effective: 03 Nov 2014
Transfer of class of registration to: Restricted Certificate Effective: 03 Feb 2014
Suspension of registration imposed: Discipline Committee Effective: 03 Feb 2014
Transfer of class of registration to: Independent Practice Certificate Effective: 30 Apr 1987
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1984
DETAILS: Transfer of class of registration to: Independent Practice Certificate
Date: Effective: 26 Feb 2021

DETAILS: Terms and conditions amended by Member.
Date: Effective: 25 Nov 2019

DETAILS: Suspension of registration removed.
Date: Effective: 10 May 2017

DETAILS: Suspension of registration imposed: Discipline Committee
Date: Effective: 10 Jan 2017

DETAILS: Terms and conditions amended by Discipline Committee.
Date: Effective: 10 Jan 2017

DETAILS: Suspension of registration removed.
Date: Effective: 03 Nov 2014

DETAILS: Transfer of class of registration to: Restricted Certificate
Date: Effective: 03 Feb 2014
DETAILS: Terms and conditions imposed on certificate by: Discipline Committee
Date: Effective: 03 Feb 2014

DETAILS: Suspension of registration imposed: Discipline Committee
Date: Effective: 03 Feb 2014

DETAILS: Transfer of class of registration to: Independent Practice Certificate
Date: Effective: 30 Apr 1987

DETAILS: First certificate of registration issued: Postgraduate Education Certificate
Date: Effective: 01 Jul 1984