On April 6, 2020, on the basis of agreed facts and admission, the Discipline Committee (the “Committee”) of the College of Physicians and Surgeons of Ontario found that Dr. Raddatz committed an act of professional misconduct.
The Committee set out its penalty and costs order with written reasons to follow.
FACTS
Dr. Raddatz is 44 years old. She received her certificate of registration authorizing independent practice from the College in 2008, and currently practices family medicine in Toronto, Ontario.
Treatment of Self and Family Members; Writing Prescriptions for Self and Family Members in Colleague’s Name
In 2018, the College received a complaint that raised concerns that Dr. Raddatz had written prescriptions to herself and/or one or more of her family members using a colleague’s prescription pad.
Between April 2015 and July 2017, as set out below, Dr. Raddatz treated herself and members of her family by writing 28 prescriptions in her colleague’s name and using her colleague’s prescription pad. Dr. Raddatz’s colleague did not execute or authorize any of the 28 prescriptions written by Dr. Raddatz.
Dr. Raddatz signed her colleague’s name on 27 of the 28 prescriptions. The remaining prescription was not signed, though it was written by Dr. Raddatz on her colleague’s prescription pad.
Dr. Raddatz treated herself by writing 21 prescriptions to herself in her colleague’s name between April 2015 and July 2017 for sixty-six medications: antibiotics, aerosol inhalers, antihistamines, contraceptives, non-steroidal anti-inflammatories, an antiemetic, an oral vaccine, antivirals, a proton pump inhibitor, and topical prescription creams including antifungals, corticosteroids, and an immunomodulator. The prescriptions for antifungals were refills of existing prescriptions.
Dr. Raddatz treated Family Member A by writing 4 prescriptions to Family Member A in her colleague’s name between November 2015 and September 2016 for 18 medications: antibiotics, aerosol inhalers, antihistamines, a proton pump inhibitor, a selective serotonin and norepinephrine reuptake inhibitor, an anti-asthmatic, and topical prescription creams including antifungals and a corticosteroid.
Dr. Raddatz treated Family Member B by writing 2 prescriptions to Family Member B in her colleague’s name in April 2015 and February 2016 for 3 medications: antibiotics and a steroid cream.
Dr. Raddatz treated Family Member C by writing one prescription to Family Member C in her colleague’s name in October 2015, for Ritalin. The prescription for Ritalin was a refill of an existing prescription. Ritalin is a controlled substance. None of the other prescriptions at issue were for a controlled substance.
During the investigation, in response to a question from College investigators, Dr. Raddatz acknowledged that she had written the 28 prescriptions in her colleague’s name.
Dr. Raddatz did not maintain patient charts for the family members to whom she prescribed and who she treated.
Dr. Raddatz did not bill OHIP for prescribing to and treating herself and her family members.
Dr. Raddatz’s treatment of herself and her family members did not comply with the College’s Policy on Physician Treatment of Self, Family Members, or Others Close to Them.
ADMISSION
Dr. Raddatz does not contest the facts above, and does not contest that, based on these facts, she engaged in professional misconduct under paragraph 1(1)33 of O Reg.
856/93, in that she engaged in acts or omissions relevant to the practice of medicine that would be regarded by members as disgraceful, dishonourable or unprofessional.
FINDING
The Committee found that Dr. Raddatz engaged in professional misconduct under paragraph 1(1)33 of O Reg. 856/93, in that she engaged in acts or omissions relevant to the practice of medicine that would be regarded by members as disgraceful, dishonourable or unprofessional.
FACTS ON PENALTY
Dr. Raddatz’s misconduct took place during a period of significant personal stress and anxiety, and in the context of a difficult family dynamic.
Dr. Raddatz’s History with the College
In December 2017, the Inquiries, Complaints and Reports Committee (“ICRC”) considered an investigation into Dr. Raddatz’s practice undertaken pursuant to s.
75(1)(a) of the Health Professions Procedural Code. The ICRC was of the view that Dr. Raddatz could improve on deficiencies in her records management. It directed Dr. Raddatz to complete a Specified Education and Remediation Program (“SCERP”), consisting of:
(a) two CMPA e-learning modules on medical record-keeping;
(b) the University of Toronto Medical Record-Keeping Course;
(c) review and written summary of the College’s policies on Test Results Management and Medical Records, and the College’s Practice Guide;
(d) a six (6) month period of clinical supervision; and
(e) a reassessment of Dr. Raddatz’s practice.
Dr. Raddatz completed all elements of the SCERP, including a reassessment of her practice by Dr. Karen Ferguson in July 2019. Dr. Ferguson summarized her conclusions as follows:
The care provided to these patients by Dr. Raddatz meets the standard of practice of the profession in all 20 charts. Dr. Raddatz has made significant improvements in her record-keeping and her test results management. She has implemented several new processes to ensure that abnormal test results are followed up appropriately and managed in a timely fashion.
Dr. Raddatz’s care does not display a lack of knowledge, skill, or judgement in any of these 20 charts.
Dr. Raddatz’s clinical practice, behavior, or conduct is not likely to expose her patients to harm or injury in any of these 20 charts.
Dr. Raddatz has no prior Discipline history.
PENALTY AND COSTS
Dr. Raddatz is to attend before the panel to be reprimanded.
The Registrar is to suspend Dr. Raddatz’s certificate of registration for a period of six (6) months, commencing from the later of October 6, 2020 at 12:01 a.m.; or 15 days after such date on which all declarations of emergency with regard to the outbreak of the novel coronavirus COVID-19 have been officially lifted from each of the City of Toronto, the Province of Ontario, and if applicable, the country of Canada.
The Registrar is to place the following terms, conditions and limitations on Dr. Raddatz’s certificate of registration:
- Dr. Raddatz will participate in the PROBE Ethics & Boundaries Program offered by the Centre for Personalized Education for Professionals (“the PROBE program”) by receiving a passing evaluation or grade, without any condition or qualification. Dr. Raddatz will complete the PROBE program within six months of the date of this Order, and will provide proof to the College of her completion, including proof of registration and attendance and participant assessment reports, within one month of completing it. In the event that Dr. Raddatz is unable to complete the PROBE course within six months, either because the course is not being offered or because her medical services are required due to the Covid-19 pandemic, then she will have an additional six (6) months in which to complete the PROBE course.
Dr. Raddatz is to pay costs to the College in the amount of $6,000.00 within ninety (90) days from the date of the Order.
DECISION AND REASONS
On June 24, 2020, the Committee released its full Decision and Reasons in this matter, available for review on the College’s website.
Terms and conditions imposed on certificate by: Discipline Committee
