Committee: Discipline
Decision Date: 20 Sep 2012
Summary:
On September 20, 2012, the Discipline Committee found that Dr. Emilie Novak Newell committed an act of professional misconduct, in that she has 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. Dr. Newell did not contest the allegations.
Between October 15, 2008 and March 27, 2011, Dr. Newell mistakenly represented herself as a Fellow of the Royal College, after her Fellowship was removed on October 15, 2008 and after she had been sent correspondence advising her of the termination of her Fellowship. After March 27, 2011, Dr. Newell stopped representing herself as a Fellow of the Royal College and took steps to notify the CPSO and lawyers, insurers, agencies and firms to whom she provided specialist services as a physiatrist between October 2008 and March 27, 2011, to advise them that she was not recognized as a specialist in that time period.
Dr. Newell breached the August 21, 2008 Order of the Discipline Committee, which required her to practice under the supervision of a practice monitor to review her charts. In February of 2010, Dr. Newell advised the CPSO that she was going to be on a medical leave and undertook to inform the CPSO when she returned.
On April 6, 2010, Dr. Newell returned to work but failed to notify the CPSO or her practice monitor. In response to inquiries from the CPSO in January 2011, Dr. Newell admitted she had been working since April and had not informed the CPSO or her monitor.
The monitor reviewed her charts on February 15, 2011, and found they were complete and up to date.
The Discipline Committee ordered a public reprimand and a three-month suspension of Dr. Newell s certificate of registration. The terms, conditions and limitations currently on Dr. Newell s certificate of registration shall remain in full force and effect. In addition, Dr. Newell was ordered to pay costs to the CPSO in the amount of $3,650.
Committee: Discipline
Decision Date: 21 Aug 2008
Summary:
On August 21, 2008, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Newell committed an act of professional misconduct in that she has committed 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.
The Discipline Committee ordered the following:
1. The Discipline Committee directs the Registrar to impose the following terms, conditions and limitations on Dr. Newell s Certificate of Registration:
(a) Dr. Newell shall practise only in accordance with a schedule approved by the College;
(b) Dr. Newell shall complete all reports by the end of seven days after seeing the patients in the case of OHIP reports and fourteen days after seeing the patients and receiving all relevant records for reports done as independent medical examinations;
(c) Dr. Newell shall only practise under the supervision of a practice monitor acceptable to the College who has signed an undertaking in the form attached as Appendix A (to the original Order). The practice monitor shall review Dr. Newell s charts on a schedule approved by the College to monitor her completion of reports and will report to the College on a schedule to be approved by the College, and immediately should he/she find that Dr. Newell has failed to comply with any of the terms or conditions in this Order. All of the monitoring and reporting will be at Dr. Newell s expense;
(d) Should the College receive a report from Dr. Newell s practice monitor indicating that Dr. Newell is not in compliance with any of the conditions in this Order, the Registrar shall suspend her certificate of registration, such suspension to take effect seven days after Dr. Newell has been provided with notice of the intended suspension unless Dr. Newell has provided the College
i. compelling medical evidence to justify the failure to comply;
ii. compelling personal circumstances to justify the failure to comply; or
iii. evidence that she is in fact in compliance with this Order.
The suspension is to remain in effect until the practice monitor has reported to the College that, to his/her satisfaction, Dr. Newell has become current in her reports and is in compliance with this Order at which time the Registrar shall reinstate her certificate of registration.
2. The Discipline Committee Orders Dr. Newell to pay to the College costs in the amount of $3,650.00, within 30 days of the date of this Order.
3. The Discipline Committee directs the results of this proceeding to be included in the register.