On April 5, 2001, the Discipline Committee accepted Dr. Miller s guilty plea and found him guilty of professional misconduct in that the governing body of a health profession in a jurisdiction other than Ontario has found that Dr. Miller committed an act of professional
misconduct.
Subsequently, on April 11, 2001, the Discipline Committee ordered that Dr. Miller s certificate of registration be revoked.
The Discipline Committee considered an application for reinstatement by Dr. Barry Alan Miller on September 27 and 28, 2004. The Committee directs the Registrar to issue a certificate of registration to the applicant, Dr. Barry Alan Miller, subject to the following terms and conditions:
1. Dr. Miller s practice will be restricted to a hospital or institutional setting agreeable to the College;
2. Dr. Miller will successfully complete the following re-entry to practice program (the Program ) at his own expense:
a) For a period of twelve (12) months following the date of this Order, Dr. Miller s practice will be supervised by two monitors acceptable to the College (the Monitors ), in accordance with the undertakings hereto attached,
b) Throughout the term of the Program, the Monitors will submit a written report to the Registrar every three (3) months regarding Dr. Miller s competence and behaviour, which reports will specifically address the following:
(i) The objectives of the Program approved by the College at its outset;
(ii) The Monitors impression of Dr. Miller s general medical knowledge, including use of current diagnostics and therapeutics;
(iii) The Monitors impression of Dr. Miller s clinical skills, including:
History-taking
Examination
Problem formulation
Communication and interviewing skills
Record-keeping practices
Relevant technical skills
(iv) the Monitors impression of Dr. Miller s judgment, behaviour and attitude in the provision of patient care including Dr. Miller s interaction with patients, colleagues and co-workers;
(v) whether Dr. Miller meets the standard of practice expected of a psychiatrist in Ontario;
(vi) if indicated, suggested enhancement, remedial or educational activities which may be of assistance to Dr. Miller; and
(vii) if indicated, the areas of practice that should be monitored and/or re-evaluated;
(c) at the conclusion of the Program, the Monitors shall submit a final report to the College regarding Dr. Miller s overall performance and identifying whether Dr. Miller is ready for independent practice or whether further supervision or retraining is required;
3. If any of the reports required in connection with the Program are not delivered or are unsatisfactory to the College, the College may suspend Dr. Miller s certificate of registration;
4. Dr. Miller will take and successfully complete the College s record-keeping course, at his expense, within one year following the date of this Order;
5. Dr. Miller will undergo a Specialties Assessment Program (SAP), at his expense, within the second year following the date of this Order;
6. Following the successful completion of the record-keeping course, the SAP, and the Program, to the satisfaction of the Registrar, the Registrar shall remove the foregoing terms, conditions and limitations on Dr. Miller s certificate of registration.
7. If at the conclusion of the Program, the Monitors are of the opinion that Dr. Miller is not ready for unsupervised practice, or requires further retraining or supervision, then until the recommended period of retraining and supervision are completed, it will be a
term, condition and limitation of Dr. Miller s certificate of registration that:
(i) he shall continue to practice only under supervision of the Monitors
(ii) he shall continue to practice only in an institutional setting approved by the College.
8. In the event that Dr. Miller is unsuccessful in the completion of the record-keeping course, the SAP, or the Program, as determined by the Registrar, or if his certificate of registration is suspended pursuant to paragraph 3 of this Order, the Discipline Committee retains jurisdiction on the application of a party, to vary the terms and conditions of this Order, including to order the Registrar to suspend Dr. Miller s certificate of registration.
Terms and conditions imposed on certificate by: Discipline Committee
