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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: 23/01/22 1:02:17 AM

Gutman, Mory Mayer

CPSO#: 28253

MEMBER STATUS
Expired: Resigned from membership as of 30 Nov 2021
EXPIRY DATE
30 Nov 2021
CPSO REGISTRATION CLASS
Restricted as of 11 Nov 2011

Summary

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Former Name: No Former Name

Gender: Unknown

Languages Spoken: English

Education:University of Toronto, 1975

Practice Information

Primary Location of Practice
Practice Address Not Available

Medical Records Location

Address: Patients looking to request a copy of their medical records can send their request via email to [email protected]
Date Received: 16 Jan 2019

Specialties

Specialty Issued On Type
No Speciality Reported

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 16 Jun 1975
Transfer of class of registration to: Independent Practice Certificate Effective: 21 Jun 1976
Transfer of class of certificate to: Restricted certificate Effective: 25 Sep 2009
Terms and conditions imposed on certificate by member Effective: 25 Sep 2009
Expired: Failure to Renew Membership Expiry: 05 Aug 2010
Subsequent certificate of registration issued: Restricted certificate Effective: 11 Nov 2011
Terms and conditions amended by Discipline Committee Effective: 19 Nov 2018
Suspension of registration imposed: Discipline Committee Effective: 19 Dec 2018
Suspension of registration removed Effective: 19 Jul 2019
Terms and conditions amended by Discipline Committee Effective: 26 Nov 2019
Terms and conditions amended by Discipline Committee Effective: 14 Apr 2021
Terms and conditions amended by Discipline Committee Effective: 29 Apr 2021
Terms and conditions amended by Discipline Committee Effective: 29 Apr 2021
Terms and conditions amended by Registration Committee Effective: 12 May 2021
Expired: Resigned from membership. Expiry: 30 Nov 2021

Previous Hearings

Committee: Discipline
Decision Date: 22 Nov 2021
Summary:

In March 2021, allegations of professional misconduct and incompetence against Dr. 
Gutman were referred to the Discipline Committee of the College, now the Ontario 
Physicians and Surgeons Discipline Tribunal.  
 
The OPSDT heard the matter on November 22, 2021 by videoconference. The College 
was represented by counsel and Dr. Gutman represented himself at the hearing.  
 
On the basis of an Agreed Statement of Facts and Admission (Liability) and after 
hearing submissions of both parties, the OPSDT found Dr. Gutman committed an act of 
professional misconduct in that he 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 and that he has 
failed to maintain the standard of practice of the profession in his care of patients. The 
OPSDT further found that Dr. Gutman is incompetent. 
 
Disposition 
 
Upon reviewing the Agreed Statement of Facts on Penalty, which included information 
that on November 8, 2021, Dr. Gutman entered into an undertaking with the College in 
which he agreed to resign from the College and not to apply or re-apply for registration 
as a physician to practise medicine in Ontario or any other jurisdiction, effective 
November 30, 2021, and taking into account the parties’ joint submission on penalty, the 
OPSDT issued its Order directing that: 

   •  Dr. Gutman attend before the panel to be reprimanded; and 
   •  Dr. Gutman pay costs to the College in the amount of $6000.00 
 
The OPSDT’s full reasons for decision will be released within 12 weeks of the hearing 
date.


Decision: Download Full Decision (PDF)
Hearing Date(s): November 22, 2021

 

Committee: Discipline
Decision Date: 24 Aug 2017
Summary:

On August 24, 2017, the Discipline Committee found that Dr. Mory Mayer Gutman committed 
an act of professional misconduct, in that he 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. 
 
Allegations referred by Notice of Hearing dated September 21, 2016 and Notice of Hearing 
dated June 13, 2017 were dealt with in one hearing. 
 
Dr. Gutman is a physician practising family medicine in Toronto.  
 
Previous Discipline History with the College 
  
In 2011, Dr. Gutman was found to have engaged in professional misconduct, in that he failed to 
maintain the standard of practice and 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. Further to the Order of the 
Discipline Committee, Dr. Gutman was, among other things, prohibited from prescribing 
Narcotic Drugs/Preparations, Controlled Drugs, Benzodiazepines and other Targeted Substances 
and he was prohibited from engaging in professional encounters with any female patients.  
 
A. Prescribing Contrary to the Discipline Committee’s restrictions 
 
In January of 2013 the College received information from a pharmacist, that Dr. Gutman had 
prescribed Testosterone gel, which is a controlled substance, to a male patient in 2012 and 2013, 
contrary to the terms of his prescribing restriction by the Order of the Discipline Committee.  In 
May of 2014, the Inquiries, Complaints and Report Committee (ICRC) advised Dr. Gutman to be 
vigilant to ensure that he does not breach the terms of his certificate of registration.  In 2016 
information from the Narcotics Monitoring System (NMS) for the time period of April 1, 2013 to 
August 13, 2015, was received by the College, raising concerns that Dr. Gutman had prescribed 
contrary to the terms of the Discipline Committee Order.  
 
The College commenced an investigation. 
 
Prescribing Controlled Substances: 
 
Testosterone: Dr. Gutman prescribed ten repeats of Testosterone gel to Patient 1 in October 
2012. He was unaware that Testosterone was a controlled substance and therefore a medication 
he was prohibited from prescribing. 
       
Sublinox: Dr. Gutman prescribed Sublinox to Patient A on two occasions in October 2014; to 
Patient B on three occasions in September 2014; to Patient C on two occasions (with 8 refills on 
a second occasion) in October 2014; to Patient D on two occasions in February 2014 and in April 
2016; to Patient E on two occasions in October 2014 and April 2016. Dr. Gutman was unaware 
that Sublinox was a controlled substance and therefore a medication that he was prohibited from 
prescribing. The prescribing occurred prior to a pharmacist bringing to his attention that this 
substance was designated as a controlled drug. 
       
Phenobarbital: Dr. Gutman authorized eight refills of phenobarbital to Patient F, an elderly 
patient who suffers from intellectual impairment and seizures, in March 2014. Dr. Gutman was 
aware that Phenobarbital is a controlled substance at the time he prescribed it. The prescribing 
occurred in error when Dr. Gutman was renewing batch prescriptions of medication prescribed 
by Patient F’s previous physician. 
       
Clobazam: Dr. Gutman prescribed Clobazam to Patient G, a young man with recurrent seizures, 
on one occasion in February 2016. Dr. Gutman was asked to authorize a refill Patient G’s anti-
convulsant medications. Dr. Gutman authorized a refill of Levetiracetam (an anti-convulsant, but 
not a controlled drug) and also authorized Clobazam (also used as an anti-convulsant, but which 
is a benzodiazepine which Dr. Gutman is prohibited from prescribing). Dr. Gutman was not 
aware that Clobazam is a benzodiazepine at the time he prescribed it. The prescribing occurred in 
error when Dr. Gutman was renewing batch prescriptions for medication prescribed by Patient 
G’s previous physician. 
 
B. Assessing a Female Patient contrary to the Discipline Committee’s Restriction  
 
The College received information in November of 2016, that Dr. Gutman may have conducted 
an assessment of a female patient, contrary to the terms of the Discipline Committee restrictions. 
The College commenced an investigation. 
 
Dr. Gutman was contacted by a member of Patient H’s family, with a request that Dr. Gutman 
find a physician to assess a female patient, who was in her mid-90s at the time. At issue was the 
patient’s capacity to vary her will and execute a new Power of Attorney. Dr. Gutman had 
conducted a prior assessment of this patient ten years earlier, prior to his restriction from seeing 
female patients.  
 
On October 14, 2016, Dr. Gutman conducted a capacity assessment of this female patient. He did 
not retain a record of the encounter and did not bill OHIP.   
 
Dr. Gutman understood that there was a degree of urgency to the request made to him as the 
family was having difficulty finding a physician to conduct the assessment.  He believed that the 
Order of the Discipline Committee and the terms of his certificate of registration did not 
encompass the assessment of this female patient, given that the patient was in her mid-90s. 
 
Disposition 
 
On November 10, 2017, the Discipline Committee ordered and directed that: 
 
 -  The Registrar suspend Dr. Gutman’s Certificate of Registration for a period of seven (7) 
    months, effective 30 days from the date of this Order. 
 -  The Registrar impose the following terms, conditions, and limitations on Dr. Gutman’s 
    Certificate of Registration: 
      -  Dr. Gutman will successfully complete one-on-one instruction in medical ethics with 
         an instructor approved by the College, at his own expense, and shall provide proof of 
         completion to the College prior to his resumption of practice; 
      -  Dr. Gutman will successfully complete instruction in understanding boundaries 
         through a course approved by the College, at his own expense, and shall provide 
         proof of completion to the College prior to his resumption of practice; 
   -  Dr. Gutman appear before the Committee to be reprimanded within 90 days 
      of the date of this Order. 
   -  Dr. Gutman pay to the College costs in the amount of $5,500.00 within thirty (30) days of 
      the date of this Order. 
 
On December 8, 2017, Dr. Gutman appealed the penalty decision of the Discipline Committee to 
the Ontario Superior Court of Justice (Divisional Court). Pursuant to s. 25(1) of the Statutory 
Powers Procedure Act, the appeal operated as a stay of the decision pending the outcome of the 
appeal.  
 
On November 19, 2018, the Divisional Court dismissed Dr. Gutman’s appeal. Therefore, the 
penalty decision of the Discipline Committee is in effect.


Decision: Download Full Decision (PDF)
Hearing Date(s): Hearing: August 24, 2017 Reprimand: June 21, 2019 at 12:10 p.m.

 

Committee: Discipline
Decision Date: 07 Jan 2011
Summary:

On January 7, 2011, the Discipline Committee found that Dr. Mory Maher Gutman 
committed an act of professional misconduct in that he failed to maintain the standard of 
practice of the profession, and that he 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.  

The findings relate to Dr. Gutman’s incomplete and inadequate documentation and record 
keeping practices, his failure to appropriately manage prescription renewals, the absence 
of pain rating scales to record the efficacy of his pain management regime, and the lack 
of urine drug screens, treatment agreements, and standard screening instruments. Dr. 
Gutman also committed boundary violations by repeatedly hugging a female patient and 
sharing details about his personal life with her. 

The Discipline Committee ordered and directed that: 

1.    the Registrar suspend Dr. Gutman’s certificate of registration for four (4) months. 
      This suspension is to take effect if and when Dr. Gutman’s Certificate of 
      Registration is reinstated; commencing on the day the Certificate is or otherwise 
      would have been reinstated. 
 
2.    Dr. Gutman successfully complete, at his own expense, the first available 
      College’s Medical Record-Keeping course including the follow-up component 
      and provide proof thereof to the College. 
 
3.    Dr. Gutman, at his own expense, submit to an assessment of his practice by an 
      assessor selected by the College approximately six months after his return to 
      practice in accordance with paragraph one.  Dr. Gutman shall abide by the 
      recommendations made by the Assessor.  If any of the recommendations made by 
      the Assessor limit or in any way restrict Dr. Gutman’s practice, Dr. Gutman shall 
      be permitted to make written submissions on his own behalf within 30 days of 
      receipt of the assessment to the Inquiries, Complaints and Reports Committee. 
      The Inquiries, Complaints and Reports Committee may or may not vary the 
      recommendations of the Assessor upon receipt of Dr. Gutman’s written 
      submissions. Any recommendations accepted by the Inquiries, Complaints and 
      Reports Committee that are limitation(s) or restriction(s) shall constitute terms, 
      conditions or limitations on Dr. Gutman’s Certificate of Registration and may be 
      included on the public register if required by the College in its sole discretion. 
 
4.    the Registrar impose the following terms, conditions and limitations on Dr. 
      Gutman’s certificate of registration: 
      a)  Dr. Gutman shall not engage in professional encounters with any female 
          patients. 
      b)  Dr. Gutman shall not prescribe any of the following substances: 
       
          (i)  Narcotic Drugs (from the Narcotic Control Regulations made under 
               the Controlled Drugs and Substances Act, S.C., 1996, c. 19); 
          (ii) Narcotic Preparations (from the Narcotic Control Regulations made 
               under the Controlled Drugs and Substances Act, S.C., 1996, c. 19); 
          (iii) Controlled Drugs (from Schedule G of the Regulations under the 
               Food and Drugs Act, S.C., 1985, c. F-27); or 
          (iv) Benzodiazepines/Other Targeted Substances (from the 
               Benzodiazepines and Other Targeted Substances Regulations made 
               under the Controlled Drugs and Substances Act., S.C., 1996, c. 19) 
 
          (A summary of the above-named drugs [from Appendix I to the 
          Compendium of Pharmaceuticals and Specialties] is attached [to the Order] 
          as Schedule “A”; and the current regulatory lists are attached [to the Order] 
          as Schedule “B”) 
          
      c)  Dr. Gutman shall post a clearly visible sign in his waiting room in the form 
          set out at Schedule “C” [to the Order].  For further clarity, this sign shall 
          state as follows:  “Dr. Gutman has relinquished his prescribing privileges 
          with respect to Narcotic Drugs, Narcotic Preparations, Controlled Drugs and 
          Benzodiazepines/Other Targeted Substances. 
      d)  Dr. Gutman shall cooperate with unannounced inspections of his practice 
          and such other steps as the College may take for the purpose of monitoring 
          and enforcing his compliance with the terms of the Order. 
          
5.    Dr. Gutman continue to regularly attend 12 step program meetings as well as 
      meetings with his sponsor.  For a period of two years following the imposition of 
      the penalty, Dr. Gutman’s sponsor will provide quarterly reports to the College 
      attesting to Dr. Gutman’s attendance at the 12 step meetings. 
 
6.    Dr. Gutman attend at least two meetings per month at the Caduceus Group at 
      North York General Hospital and submit urine samples as required for 
      participation in that Group.  For a period of two years following the 
      imposition of the penalty, Dr. B. Madonik or a member agreeable to the 
      College, will provide quarterly reports to the College attesting to Dr. 
      Gutman’s attendance at the Caduceus Group meetings, and compliance with 
      participation. 
 
7.    Dr. Gutman attend at least two meetings per month with a psychiatrist.  For a 
      period of two years following the imposition of the penalty, Dr. Gutman’s treating 
      psychiatrist will provide quarterly reports attesting to Dr. Gutman’s attendance at 
      these regularly scheduled meetings. 
 
8.    Dr. Gutman appear before the panel to be reprimanded.  
 
9.    Dr. Gutman pay costs to the College in the amount of $3650.00 by March 7, 
      2011.


Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): January 7, 2011

Concerns

Source: Member
Active Date: November 30, 2021
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Mory Mayer Gutman to the College of Physicians and Surgeons of Ontario, effective November 30, 2021:

Dr. Gutman was referred to the Discipline Tribunal on allegations of professional misconduct and incompetence. In the face of these allegations, Dr. Gutman resigned from the College and has agreed never to apply or reapply for registration as a physician in Ontario or any other jurisdiction.

 

Source: Compliance and Monitoring Department
Active Date: March 10, 2020
Expiry Date:
Summary:
Caution-in-Person:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" 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 the Committee. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this 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.
Download Full Document (PDF)