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THE FOLLOWING INFORMATION WAS OBTAINED FROM THE DOCTOR SEARCH SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO WWW.CPSO.ON.CA
Date: 28/03/24 17:55:58 PM

Miller, Robert Barry

CPSO#: 30297

MEMBER STATUS
Active Member as of 03 Jan 2021
CURRENT OR PAST CPSO REGISTRATION CLASS
Restricted as of 01 Jun 2007

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education: University of Toronto, 1977

Practice Information

Primary Location of Practice
Practice Address Not Available

Professional Corporation Information


Corporation Name: Dr. Robert B. Miller Medicine Professional Corporation
Certificate of Authorization Status: Inactive: Nov 16 2022
Corporation Name: Dr. Robert B. Miller Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Sep 11 2023

Shareholders:
Dr. R. Miller ( CPSO# 30297 )

Business Address:
1333 Sheppard Ave E
Suite 242
North York ON  M2J 1V1
Phone Number: 416-498-7874

Specialties

Specialty Issued On Type
Otolaryngology - Head and Neck Surgery Effective:10 Sep 1982 RCPSC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.



University of Toronto, 13 Jun 1977 to 11 Jun 1978
Other - Comprehensive Internship

University of Toronto, 01 Jul 1978 to 31 Dec 1978
Resident 1 - Otolaryngology - Head and Neck Surgery

University of Toronto, 01 Jan 1979 to 30 Jun 1979
Resident 2 - Otolaryngology - Head and Neck Surgery

University of Toronto, 01 Jul 1980 to 30 Jun 1981
Resident 3 - Otolaryngology - Head and Neck Surgery

University of Toronto, 01 Jul 1981 to 30 Jun 1982
Resident 4 - Otolaryngology - Head and Neck Surgery

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 13 Jun 1977
Transfer of class of registration to: Independent Practice Certificate Effective: 31 Jul 1978
Expired: Failure to Renew Membership Expiry: 18 Nov 1983
Subsequent certificate of registration issued: Restricted certificate Effective: 14 Feb 2007
Expired: Terms and conditions imposed on certificate by Registration Committee Effective: 13 May 2007
Subsequent certificate of registration issued: Restricted certificate Effective: 01 Jun 2007
Terms and conditions amended by Discipline Committee Effective: 28 Jul 2020
Terms and conditions amended by Registration Committee Effective: 25 Jan 2021
Terms and conditions amended by member Effective: 09 Jun 2023
Terms and conditions amended by member Effective: 12 Jul 2023

Practice Restrictions

Imposed By Effective Date Expiry Date Status
member Effective: 12 Jul 2023 Active
 
(1of 2)

As from June 9, 2023, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Robert Barry Miller in accordance with an undertaking and consent given by Dr. Miller to the College of Physicians and Surgeons of Ontario:

UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
("Undertaking")

of

DR. ROBERT BARRY MILLER
("Dr. Miller")

to 

COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the "College")


A.	PREAMBLE
(1)	In this Undertaking:
"Code" means the Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended;
"Discipline Tribunal" means the Ontario Physicians and Surgeons Discipline Tribunal of the College;
 "OHIP" means the Ontario Health Insurance Plan;
"Ontario Physicians and Surgeons Discipline Tribunal" means the Discipline Committee established under the Code;

"Public Register" means the College's register that is available to the public.
(2)	I, Dr. Miller, certificate of registration number 30297, am a member of the College.  
(3)	I, Dr. Miller, acknowledge that following a public complaint, the College conducted an investigation bearing File Number CAS-401096-N6B1V4 (the "Investigation") into my care of a patient in my otolaryngology practice. 
B.	UNDERTAKING
(4)	I, Dr. Miller, undertake to abide by the provisions of this Undertaking, effective immediately.
(5)	Clinical Supervision 
(a)	I, Dr. Miller, undertake to practise under the guidance of a clinical supervisor or clinical supervisors acceptable to the College (the "Clinical Supervisor" or "Clinical Supervisors"), for at least six (6) months ("Clinical Supervision"). 
(b)	I, Dr. Miller, undertake to remain free of any conflict of interest with the Clinical Supervisor.
(c)	I, Dr. Miller, acknowledge that I have reviewed the Clinical Supervisor's undertaking, attached hereto as Appendix "A", and understand what is required of the Clinical Supervisor. The Clinical Supervisor will, at minimum: 
(i)	Facilitate the education program set out in the Individualized Education Plan ("IEP"), attached hereto as Appendix "B";
(ii)	Review the materials provided by the College and have an orientation session with me, including to discuss the objectives for the Clinical Supervision;
(iii)	Meet with me at my Practice Location, or another location approved by the College, once every two (2) weeks for a minimum of three (3) months;
(iv)	After a minimum of three (3) months of Clinical Supervision, if my Clinical Supervisor recommends and the College approves a reduction in the level of supervision, my Clinical Supervisor will meet with me at my Practice Location, or another location approved by the College, once every month for a further three (3) months;
(v)	Review at least fifteen (15) of my patient charts at every meeting;
(vi)	Discuss any concerns arising from the chart reviews;
(vii)	Make recommendations to me for practice improvements and ongoing professional development and inquire into my compliance with the recommendations; 
(viii)	Perform any other duties, such as reviewing other documents or conducting interviews with staff or colleagues, that the Clinical Supervisor deems necessary to my Clinical Supervision;
(ix)	Submit written reports to the College at least once every month for three (3) months or until the College approves a reduction in the level of supervision, and then once at the end of supervision, or more frequently if the Clinical Supervisor has concerns about my standard of practice; and
(x)	Remain free of any conflict of interest with me.
(d)	I, Dr. Miller, acknowledge that the charts reviewed shall be selected by the Clinical Supervisor based on the educational needs identified in the IEP, attached hereto as Appendix "B", as well as concerns that may arise during the period of Clinical Supervision.
(e)	I, Dr. Miller, undertake to cooperate fully with the Clinical Supervision of my practice, conducted under the term of this Undertaking and Appendix "A" to this Undertaking, and to abide by the recommendations of my Clinical Supervisor, including but not limited to, any recommended practice improvements and ongoing professional development.
(f)	I, Dr. Miller, undertake to ensure that Appendix "A" to this Undertaking is signed and delivered to the College within thirty (30) days of the date I execute this Undertaking.
(g)	I, Dr. Miller, undertake that if a person who has given an undertaking in Appendix "A" to this Undertaking is unable or unwilling to continue to fulfill its provisions, I shall, within twenty (20) days of receiving notice of same, obtain an executed undertaking in the same form from a similarly qualified person who is acceptable to the College and ensure that it is delivered to the College within that time.
(h)	I, Dr. Miller, undertake that if I am unable to obtain a Clinical Supervisor on the provisions set out under sections (5)(e) and/or (f) above, I will cease practising medicine until such time as I have obtained a Clinical Supervisor acceptable to the College.  
(i)	I, Dr. Miller, acknowledge that if I am required to cease practise as a result of section (5)(g) above this will constitute a term, condition or limitation on my certificate of registration and that term, condition or limitation will be included on the public register.
(6)	Professional Education  
(a)	I, Dr. Miller, undertake to participate in and successfully complete all aspects of the detailed IEP, attached hereto as Appendix "B", including all of the following professional education (the "Professional Education"):
(i)	Medical Record Keeping Program, University of Toronto;
(ii)	Review, reflection, written summary and discussion with the Clinical Supervisor of the following policies and other self-study:            
1.	Clinical Guidelines, Thrombosis Canada;
2.	Consent to Treatment, College of Physicians and Surgeons of Ontario;
(iii)	any additional professional education recommended by my Clinical Supervisor.
(b)	I, Dr. Miller, undertake to provide proof to the College of my successful completion of the Professional Education, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it. I acknowledge that the College will determine, in its sole discretion, whether I have successfully completed the Professional Education.
(c)	I, Dr. Miller, undertake to complete this requirement within three (3) months or, if no satisfactory program is available by that time, by the first possible opportunity thereafter.
(d)	I, Dr. Miller, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.
(e)	I, Dr. Miller, acknowledge that if any of the programs listed above become unavailable, substitution requests will be reviewed by the College and the College will determine in its sole discretion whether substitution is appropriate.
(7)	Reassessment of Practice
(a)	I, Dr. Miller, undertake that, approximately six (6) months after the completion of the Clinical Supervision set out in section (5) above and Appendix "A" to this Undertaking, and the completion of the Professional Education set out in section (6) above, I will submit to a reassessment of my practice ("the Reassessment") by an assessor or assessors selected by the College (the "Assessor" or "Assessors").  I acknowledge that the Reassessment may include a chart review of a minimum of fifteen (15) charts, direct observation of my care, interviews with me, colleagues and co-workers, feedback from patients, and any other tools deemed necessary by the College.
(b)	I, Dr. Miller, undertake to co-operate fully with the Reassessment, conducted under the term of this Undertaking. 
(c)	I, Dr. Miller, acknowledge that my Clinical Supervisor may receive and review the findings of the Assessor, and may discuss with the Assessor any issues or concerns arising from the Reassessment. 
(d)	I, Dr. Miller, acknowledge that the results of the Reassessment will be provided to me and reported to the College and the Reassessment may form the basis of further action by the College. 
(8)	Monitoring 
(a)	I, Dr. Miller, undertake to inform the College of each and every location at which I practice, delegate, or have privileges, including, but not limited to, any hospitals, clinics, offices, and any Out-of-Hospital Premises or Independent Health Facilities with which I am affiliated, in any jurisdiction (collectively my "Practice Location" or "Practice Locations"), within five (5) days of executing this Undertaking.  Going forward, I further undertake to inform the College of any and all new Practice Locations within five (5) days of commencing practice at that location.
(b)	I, Dr. Miller, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient records by a College representative for the purposes of monitoring my compliance with the provisions of this Undertaking.
(c)	I, Dr. Miller, give my irrevocable consent to the College to make appropriate enquiries of OHIP, and/or any person who or institution that may have relevant information, in order for the College to monitor my compliance with the provisions of this Undertaking. 
(d)	I, Dr. Miller, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix "C". 
C.	ACKNOWLEDGEMENT
(9)	I, Dr. Miller, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10)	I, Dr. Miller, acknowledge and undertake that I shall be solely responsible for payment of all fees, costs, charges, expenses, etc. arising from the implementation of any of the provisions of this Undertaking. 
(11)	I, Dr. Miller, acknowledge that I have read and understand the provisions of this Undertaking and that I have obtained independent legal counsel in reviewing and executing this Undertaking, or have waived my right to do so.
(12)	I, Dr. Miller, acknowledge that the College will provide this Undertaking to any Chief of Staff, or a colleague with similar responsibilities, at any Practice Location ("Chief of Staff" or "Chiefs of Staff").
(13)	I, Dr. Miller, acknowledge that a breach by me of any provision of this Undertaking may constitute an act of professional misconduct and/or incompetence, and may result in a referral of specified allegations to the Discipline Tribunal of the College.
(14)	I, Dr. Miller, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code. 
(15)	Public Register
(a)	I, Dr. Miller, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b)	I, Dr. Miller, acknowledge that, in addition to this Undertaking being posted in accordance with section (15)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Following a public complaint, a College investigation was conducted into Dr. Miller's care of a patient in his otolaryngology practice. As a result of the investigation:
Dr. Miller will practise under the guidance of a Clinical Supervisor acceptable to the College for 6 months. 
Dr. Miller will engage in professional education including in anticoagulant and antiplatelet therapy, consent to treatment, and medical record keeping.
Dr. Miller's practice will be reassessed by an assessor selected by the College within 6 months of the end of the period of Clinical Supervision and Professional Education.
(c)	I, Dr. Miller, acknowledge that this Undertaking remains in effect until the College determines its terms are satisfied.
D.	CONSENT
(16)	I, Dr. Miller, give my irrevocable consent to the College to provide the following information to any person who requires this information for the purposes of facilitating my completion of the Professional Education and to all Clinical Supervisors, and/or Assessors:
(a)	any information the College has that led to the circumstances of my entering into this Undertaking;
(b)	any information arising from any investigation into, or assessment of, my practice; and 
(c)	any information arising from the monitoring of my compliance with this Undertaking.
(17)	I, Dr. Miller, give my irrevocable consent to the College to provide all Chiefs of Staff with any information the College has that led to the circumstances of my entering into this Undertaking and/or any information arising from the monitoring of my compliance with this Undertaking.
(18)	I, Dr. Miller, give my irrevocable consent to any persons who facilitate my completion of the Professional Education, and to all Clinical Supervisors, Chiefs of Staff and Assessors, to disclose to the College, and to one another, any of the following:
(a)	any information relevant to this Undertaking;
(b)	any information relevant to the provisions of the Clinical Supervisor's undertaking set out at Appendix "A" to this Undertaking;
(c)	any information relevant to the Reassessment;
(d)	any information relevant for the purposes of monitoring my compliance with this Undertaking; and/or  
(e)	any information which comes to their attention in the course of providing the Professional Education and which they reasonably believe indicates a potential risk of harm to my patients.

(2 of 2)    
Dr. Robert Barry Miller may practise otolaryngology in an office based setting
only.



Previous Hearings

Committee: Discipline
Decision Date: 28 Jul 2020
Summary:

On July 28, 2020, on the basis of uncontested facts and a plea of no contest, the Discipline Committee found that Dr. Robert Barry Miller committed an act of professional misconduct under paragraph 1(1)33 of O. Reg. 856/93, in that he has 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. Miller is a 67-year-old otolaryngologist who practices in Toronto, Ontario. He received his certificate of independent practice in Ontario in 2007.

Interaction with a health care professional

In January 2018, a patient of Dr. Miller’s attended a pharmacy with a prescription for hydrocodone syrup. That medication was not available at the pharmacy as it was on backorder. Accordingly, the pharmacist on duty contacted Dr. Miller by telephone to discuss alternatives available at the pharmacy. Dr. Miller, in speaking with the pharmacist, insisted that the medication prescribed must contain hydrocodone, a controlled substance.

The Pharmacist advised Dr. Miller that he must then supply a new written prescription for an alternative medication containing hydrocodone as prescriptions for controlled substances cannot be provided verbally over the phone. Dr. Miller expressed irritation and then attended the pharmacy in person. In the presence of the pharmacy technician, he called the pharmacist stupid multiple times, threatened that he would tell his patients not to come to that pharmacy, accused the pharmacist of withholding treatment to the patient, and then grabbed the pharmacist by the neck, pulled him close, and whispered in the pharmacist’s ear “you are stupid”.

Patient A

Patient A was referred by her family physician to Dr. Miller for a consultation regarding her ear drums, which had burst previously. She attended the consultation with another family member.

As explained by Patient A and the family member, Dr. Miller was short and curt in his assessment of Patient A. He then told Patient A to lie down on the table without explaining what was going to happen. Patient A told Dr. Miller that she was nervous and advised him that it did not instill confidence when he did not explain what he was going to do. Dr. Miller replied that “it does not instill confidence in me when you won’t lie down and stay still”. Patient A and her family member elected to leave, and Dr. Miller threw down his instrument and said, “then leave and continue to have problems with your ears”.

Dr. Miller’s consultation note to the referring physician stated in part:

…She became quite fearful, in fact she was crying in my office. [Family member] then stepped in, and enabled her to continue this “performance”. [Family member] said “do you want to go home” and the young lady said yes I do. They left. For a 20-year- old, in spite of being quite fearful, this type of behaviour is really unacceptable. As you know I am quite gentle and explained what I am doing at each step. However this hystrionic [sic] behaviour was only enabled by the [family member]…

FACTS ON PENALTY

In December 2011, the Inquiries, Complaints and Reports Committee of the College (the “ICRC”) considered a complaint that Dr. Miller was rude and abrupt in his communications when a patient questioned the cleanliness of a nasopharyngoscope.

The ICRC required Dr. Miller to participate in a Specified Continuing Education and Remediation Program consisting of a preceptorship in infection control and a reassessment. In June 2013, the ICRC considered a complaint that Dr. Miller was rude and abrupt in his communications during an examination of the complainant’s ear. The Committee noted that Dr. Miller had received prior complaints about communications and stated its expectation that physicians conduct themselves in a professional manner at all times and clearly explain all procedures to the patient.

In January 2016, the ICRC considered a complaint that Dr. Miller was rude and abrupt in his communications when performing an endoscopic procedure on the complainant.

The ICRC directed Dr. Miller to attend to be cautioned in person regarding his communications and his record-keeping. In addition, the ICRC required Dr. Miller to participate in a Specified Continuing Education and Remediation Program consisting of one-on-one instruction in Communications with Dawn Martin, clinical supervision focused on record-keeping, and a reassessment.

Since January 2016, the ICRC has considered three subsequent complaints about Dr. Miller’s communications, not including the incidents at issue in this proceeding.

DISPOSITION

In its order issued on July 28, 2020, the Committee ordered and directed:

- Dr. Miller to attend before the panel to be reprimanded.
 
- the Registrar to suspend Dr. Miller’s certificate of registration for a period of three (3) months, commencing on October 3, 2020 at 12:01 a.m.

- .the Registrar to place the following terms, conditions and limitations on Dr. Miller’s certificate of registration effective immediately:

(a) Dr. Miller shall comply with the College Policy “Closing a Medical Practice”;

(b) Dr. Miller shall successfully complete a one-on-one program acceptable to the College in anger management and impulse control. The program may include formal instruction, treatment/counselling, or a combination thereof, must include a written report to the College by the professional offering the program upon completion of the program, and must be completed within six (6) months from the date of this Order.

- Dr. Miller to pay costs to the College in the amount of $10,370.00 within ninety (90) days from the date of this Order.


Decision: Download Full Decision (PDF)
Hearing Date(s): Motion: February 20, 2020 Hearing: July 28, 2020

Concerns

Source: Member
Active Date: June 9, 2023
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Robert Barry Miller to the College of Physicians and Surgeons of Ontario, effective June 9, 2023:
 
Following a public complaint, a College investigation was conducted into Dr. Miller’s care of a patient in his otolaryngology practice. As a result of the investigation: 

Dr. Miller will practise under the guidance of a Clinical Supervisor acceptable to the College for 6 months.

Dr. Miller will engage in professional education including in anticoagulant and antiplatelet therapy, consent to treatment, and medical record keeping.

Dr. Miller’s practice will be reassessed by an assessor selected by the College within 6 months of the end of the period of Clinical Supervision and Professional Education.

 

Source: Compliance and Monitoring Department
Active Date: January 13, 2016
Expiry Date:
Summary:
As of September 27, 2018, Dr. Robert Barry Miller has completed all elements of his SCERP.

Caution-in-Person and Specified Continuing Education and Remediation Program

A summary of a decision of the Inquiries, Complaints and Reports Committee (“ICRC”) in which the disposition includes a "caution-in-person" or a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of ICRC. A SCERP is one of the dispositions that the College’s ICRC may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed.

Summaries will be removed from the register if the decision is overturned on appeal or review. This posting requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a Caution-in-Person and a SCERP:
Download Full Document (PDF)