Committee: Discipline
Decision Date: 27 Feb 2012
Summary:
On February 27, 2012, the Discipline Committee found that Dr. Cyril Philip Marks committed an act of professional misconduct, in that he engaged in the sexual abuse of a patient.
PATIENT A
Patient A was a patient of Dr. Marks in 2008 and attended about seven appointments at his office.
They hugged at the end of a session. The second time they hugged, Dr. Marks held the embrace and kissed Patient A on the forehead. Towards the end of Patient A's last session with Dr. Marks, Patient A and Dr. Marks were discussing her request for a doctor's note, so that she would not have to go back to work. Dr. Marks questioned whether he was comfortable providing her with such a note. He stated that he was leaning towards it but was unsure. Dr. Marks then wheeled his chair towards Patient A, took both of her hands in his, and said that he liked who she was. Patient A was uncomfortable and leaned away. After about 2-3 minutes Dr. Marks let go of her hands and returned to his desk. After further discussion, Patient A got up to leave. Dr. Marks and Patient A hugged. Dr. Marks held the embrace and stated that he could stay there forever. Patient A was uncomfortable and pulled back, but Dr. Marks still held her and proceeded to kiss her on the lips more than once.
PATIENT B
Patient B was a patient of Dr. Marks in approximately 1996-1997 and had about six-seven appointments with Dr. Marks. By the end of about the second session, Dr. Marks began hugging Patient B at the end of her appointments. At Patient B's last appointment, when she stood up to leave and had gathered her things, Dr. Marks gave Patient B a hug that lingered, and then gave her a big kiss on the lips. He then looked at her, and Patient B had the sense that he was trying to gauge her reaction.
PATIENT C
Patient C was a patient of Dr. Marks in 2003. Dr. Marks hugged Patient C at the end of her sessions with him. During Patient C's last few sessions with Dr. Marks, Dr. Marks held the embrace at the end of the sessions. He would then kiss her on the lips. She communicated her discomfort, but Dr. Marks continued to hug and kiss her at the end of her next session.
Therefore, the Discipline Committee ordered and directed that:
1. the Registrar suspend Dr. Marks's certificate of registration for a four month period, to commence 11:59 p.m. on February 28, 2012.
2. the Registrar impose the following terms, conditions and limitations on Dr. Marks' certificate of registration:
a. Dr. Marks shall install and maintain a video monitoring system approved by the College and ensure all encounters with female patients are recorded and maintained in a manner acceptable to the College. This shall include:
i. installing video cameras in the waiting room area of his office so as to ensure that video coverage of the entire waiting room, with the date and time, is recorded at all times that Dr. Marks' office is open;
ii. installing video cameras in the office where Dr. Marks conducts patient appointments, so as to ensure that video and audio coverage of the entire office, with the date and time, is recorded at all times that Dr. Marks sees female patients;
iii. maintaining the recordings specified above in a viewable format (with audio in the case of recordings in Dr. Marks' office) acceptable to the College for a minimum period of ten years following the last patient encounter, or longer if requested by the College;
iv. producing a recording in a viewable format (with audio) when requested by the College;
v. maintaining a female patient log in a form approved by the College, in which each female patient will indicate her name, the time of her arrival and the time of her departure (the "Female Patient Log");
vi. providing a copy of the Female Patient Log to the College on a monthly basis, and maintaining the original Female Patient Log;
vii. ensuring appropriate consent is obtained from each female patient for video monitoring and the storage of recordings prior to providing treatment, and if a female patient's consent is not obtained, refraining from providing treatment to her.
b. Dr. Marks shall participate in and successfully complete a program in medical ethics facilitated by the College within one year of the date of this Order;
c. Dr. Marks shall participate in and successfully complete the next available course regarding boundary issues and risks inherent in the doctor-patient relationship approved by the College;
d. Dr. Marks shall provide a written notice to each female patient he sees in a form acceptable to the College advising them of this Order and the findings in this proceeding, appending a copy of the Decision and Reasons when released, and advising the patient that the College may contact them to inquire about their treatment by Dr. Marks. Dr. Marks shall ensure before providing treatment to a female patient that she signs this written notice to acknowledge she has reviewed the Order and Decisions and Reasons (when released), and Dr. Marks shall keep this signed document in the corresponding patient file;
e. Dr. Marks shall post a sign acceptable to the College in a clearly visible location in his office indicating that all female patient encounters are video monitored by Order of the College;
f. Dr. Marks shall provide his irrevocable consent to the College to make appropriate inquiries of the Ontario Health Insurance Plan and/or any person or institution that may have relevant information in order for the College to monitor compliance with the terms of this Order;
g. Dr. Marks shall cooperate with unannounced inspections of his practice and records and any other step the College may require for the purposes of monitoring and enforcing compliance with the terms of this Order; and
h. Dr. Marks shall be solely responsible for all fees, costs and expenses associated with his compliance with the terms of this Order.
3. Dr. Marks appear before the panel to be reprimanded.
4. Dr. Marks shall within 30 days pay the College its costs of this proceeding in the amount
of $3,650.00.