General Information
Practice Information
Specialties
| SPECIALTY | ISSUED ON | CERTIFYING BODY |
|---|---|---|
|
Psychiatry
|
Effective: 28 May 1992
|
Hospital Privileges
No information available
Professional Corporation Information
Practice Conditions
Current Tribunal Proceedings
No information available
Past Tribunal Proceedings (3)
On February 11, 2016, the Discipline Committee found that Dr. Porter committed the following acts of professional misconduct:
sexually abusing a patient; and
engaging in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by registrants as disgraceful, dishonourable or unprofessional.
On September 28, 2016, the Discipline Committee ordered that:
the registrant attend before the panel to be reprimanded;
the Registrar revoke the registrant’s certificate of registration effective immediately;
the registrant reimburse the College $16,060 for funding provided for therapy and counselling under s. 85.7 of the Health Professions Procedural Code, and to post security acceptable to the College to guarantee the payment of this amount, within 30 days of the date of the order; and
the registrant pay the College costs in the amount of $36,200.
The "Download Full Decision" link provides the Discipline Committee’s decision and any reprimand.
All published OPSDT reasons are available at www.canlii.org/en/on/onpsdt/.
Hearing exhibits, including any agreed statement of facts or statement of uncontested facts, can be obtained by contacting the Tribunal Office at [email protected].
Dr. Porter's Certificate of Registration was subject to an interim suspension pursuant to section 37 of the Health Professions Procedural Code between December 13, 2000 and November 29, 2002. This was in relation to a discipline proceeding in which Dr. Porter was later found to be incompetent and to have committed professional misconduct in respect of 2 patients with complex psychiatric issues, including dissociative identity disorder (DID). Dr. Porter's practice was made subject to conditions, including retaining a practice monitor and clinical supervisor,and discontinuing treating dissociative identity disorder or borderline personality disorder patients for at least five years. Dr. Porter's Certificate of Registration continues to be subject to these conditions.
Dr. Porter's Failure to Maintain Boundaries with Patients A and B
Dr. Porter began treating Patient A in 1989. He diagnosed Patient A with dissociative identity disorder. Dr. Porter continued to treat Patient A until his Certificate of Registration was suspended, as described above.
While treating Patient A, Dr. Porter developed a close personal relationship with her and failed to maintain therapeutic boundaries. Dr. Porter was regarded by Patient A as being akin to a member of her family, and he and Patient A spent time at each other's homes and with each other's families. Dr. Porter also commenced treating Patient A's husband, Patient B. Both Patient A and Patient B felt highly dependent on Dr. Porter. The close personal relationship between Dr. Porter and Patients A and B continued during the time when Dr. Porter's Certificate of Registration was suspended, and Patient A also received counselling from Dr. Porter during that period.
While Dr. Porter's Certificate of Registration was suspended, Patients A and B began to provide significant sums of money to Dr. Porter which they maintain were loans. Dr. Porter maintains that the sums were gifts. The amounts included two drafts in the amounts of $4,900 and $8,000,and a cheque for $12,000. Patients A and B asked Dr. Porter for a number of years to return the money in question. Dr. Porter has returned between approximately $5000 and $7000. Dr. Porter has undertaken to the College to pay a total of $17,400 to Patient A.
The Discipline Committee ordered and directed that:
1. the Registrar suspend Dr. Porter's certificate of registration for a one month period, to commence at 11:59 p.m. on July 16, 2012.
2. Dr. Porter appear before the panel to be reprimanded.
3. Dr. Porter shall within 180 days pay the College its costs of this proceeding in the amount of $3,650.00.
On November 29, 2002, the Discipline Committee ordered and directed the Registrar to impose a period of suspension and terms, conditions and limitations on the certificate of registration.
On December 23, 2002, Dr. Porter appealed the decision to the Divisional Court.
On February 20, 2003, the Divisional Court granted a party stay of the decision - staying the suspension but maintaining the terms, conditions and limitations on the certificate of registration.
On July 10, 2003, the Divisional Court upheld the finding of the Discipline Committee, however,allowed the appeal as to penalty and ordered that the suspension of Dr. Porter’s certificate of registration be lifted immediately subject to the following conditions:
(a) Dr. Porter shall install in his office a video system which will, with the consent of each patient, tape each entire psychiatric session and which can be monitored by the office staff and preserved for inspection.
(b) Dr. Porter will retain the services of a full-time secretary.
(c) Dr. Porter will implement a system to restrict the patients physical access to his personal office.
(d) Dr. Porter will discontinue treating dissociative identity disorder or borderline personality disorder patients for a period of five years. If after that period of time, he wishes to treat patients with the disorders referred to in this subsection, he shall undergo an assessment of competence through a SAP of the Quality Assurance Committee of the College in accordance with subsection
(d) (iii) a., b., and c. [of the Discipline Committee Order]. Anytime after the expiration of the period of five years, Dr. Porter may apply to the Discipline Committee for a variation of these conditions or any other conditions on his certificate of registration.
(e) Dr. Porter will implement a procedure to ensure that he treats a broader cross section of general psychiatric patients.
(f) Dr. Porter will implement a system that will address his problems with respect to record-keeping to avoid billings being submitted to OHIP before the appropriate notes for that patients visit have been written.
(g) Upon filing with the Registrar of the CPSO the written undertaking of a practice monitor, Dr.Porter will seek and receive from the monitor daily assistance to ensure that his practice isoperating adequately and thereafter, once that has been determined, will have his practice monitored on a bi-weekly basis. The supervision shall include the intake of referrals, new patients and mail and the management of information. To this end Dr. Porter will make available to the practice monitor such random charts and files as she might require in order to assess that appropriate notes are being prepared and that OHIP billing is appropriate.
(h) Dr. Porter will seek and obtain the assistance of a psychiatrist to monitor and supervise his psychiatric practice and to advise the Registrar of the College of any issues in it on an ongoing basis.
On July 25, 2003, Dr. Porter applied for leave to appeal the decision of the Divisional Court to the Court of Appeal.
On February 12, 2004, the Court of Appeal dismissed the application for leave to appeal.
Training
Registration History
| DETAILS | DATE |
|---|---|
| Revoked: Discipline Committee. | Effective: 28 Sep 2016 |
| Terms and conditions amended by Member. | Effective: 04 Nov 2014 |
| Suspension of registration removed. | Effective: 16 Aug 2012 |
| Suspension of registration imposed: Discipline Committee | Effective: 16 Jul 2012 |
| Terms and conditions amended by Discipline Committee. | Effective: 10 Jul 2003 |
| Suspension of registration removed. | Effective: 19 Feb 2003 |
| Suspension of registration imposed: Discipline Committee | Effective: 29 Nov 2002 |
| Suspension of registration imposed: Executive Committee | Effective: 13 Dec 2000 |
| Transfer of class of registration to: Independent Practice Certificate | Effective: 30 Sep 1991 |
| First certificate of registration issued: Postgraduate Education Certificate | Effective: 01 Jul 1987 |
