Previous Hearings
Committee: Discipline
Decision Date: 06 May 2019
Summary:
On May 6, 2019, the Discipline Committee found that Dr. Bailey committed an act of
professional misconduct in that he engaged in acts or omissions relevant to the
practice of medicine that, having regard to all circumstances, would reasonably be
regarded by members as disgraceful, dishonourable or unprofessional. On December
12, 2019, there was a penalty hearing. Following the hearing, the Committee reserved its
decision. On February 3, 2020, the Discipline Committee released its decision and
reasons on penalty.
Dr. Bailey is a 76-year-old general practitioner who received his certificate of registration
for independent practice in 1969. Dr. Bailey’s practice is located in Ottawa and consists
of group psychotherapy, some individual psychotherapy and acupuncture. He is a short-
term mental health provider and selects patients referred to him to attend his
“AcuDestress Program”.
Dr. Bailey was brought to the attention of the Inquiries, Complaints and Reports
Committee (“ICRC”) by the College’s Quality Assurance Committee in 2015. The ICRC
determined after investigation and review that there were aspects of Dr. Bailey’s
practice that were either unacceptable or deficient and that failed to maintain the
standard of practice. Further, the ICRC was of the view that Dr. Bailey was remediable in
these areas. On May 4, 2016, the ICRC ordered that Dr. Bailey undergo a specified
continuing education or remediation program (a “SCERP”) to address the ICR
Committee’s concerns and to protect the public interest. The May 4, 2016 SCERP
included the following components:
- Dr. Bailey shall attend and successfully complete the following four courses: the
Medical Record Keeping Course offered through the University of Toronto; the
Canadian Medical Protective Association’s (“CMPA”) e-modules on medical
record keeping; the Understanding Boundaries Course, offered through the
Schulich School of Medicine, at University of Western Ontario; and the CMPA
module on Privacy and Confidentiality.
- Dr. Bailey shall review and provide a written summary (including how they are
applicable to his situation as well as how he plans to change his practice) of the
following documents: the College’s policies on Complementary Alternative
Medicine, Telemedicine, Consent to Treatment, Confidentiality of Personal Health
Information, Maintaining Appropriate Boundaries and Preventing Sexual Abuse,
and Medical Records; and the Ontario Regulation 144/94 or the “Advertising
regulation,” and the CMPA Good Practice Guide, section on “e-communication”;
- Dr. Bailey shall engage in focused educational sessions, in person, with a clinical
supervisor acceptable to the College (the Clinical Supervisor); and
- Dr. Bailey shall undergo a reassessment, with an assessor selected by the
College approximately six months following completion of the educational plan.
The allegation of professional misconduct in this matter arises from Dr. Bailey’s
response or lack thereof to the May 4, 2016 SCERP.
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The Committee found that Dr. Bailey failed to comply with the May 4, 2016 SCERP as
required by the ICRC, including that he failed to comply with the schedule set out for
completion of the courses, he failed to secure a clinical supervisor in a timely manner,
and he unreasonably delayed the completion of all of its elements. The Committee also
found that Dr. Bailey’s failure to communicate either in person or through his counsel
were an attempt to thwart or delay the process. Such behavior by members of the
profession in the view of the Committee is not tolerable.
The Committee noted that panels of the Discipline Committee have made findings of
disgraceful, dishonourable or unprofessional conduct in prior cases based on a failure
to comply with or breach of orders of College Committees, including the failure to
adhere to a SCERP.
It is clear from Dr. Bailey’s testimony that he believed that the SCERP was unfair. His
manner of dealing with the situation was to agree to undertake the required
remediation, but to thwart the schedule for its completion. Dr. Bailey understood his
obligation to comply with the May 4, 2016 SCERP. He delayed complying with the
SCERP after his return to practice and to date, has completed it only in part. He failed to
communicate in a professional manner with the College staff assigned to his case,
despite their repeated efforts to keep the matter moving forward. Dr. Bailey’s actions in
securing a supervisor were unhelpful and obstructive. There is no acceptable excuse for
this behavior.
The Committee found that Dr. Bailey engaged in disgraceful, dishonourable, or
unprofessional conduct as alleged.
Disposition
On February 3, 2020, the Discipline Committee ordered and directed that:
- Dr. Bailey be reprimanded and the fact of the reprimand shall be recorded on the
Register;
- The Registrar suspend Dr. Bailey’s certificate of registration commencing 14 days
following the date of release of the order until the later of:
(i) Four months after the date the suspension commences; or
(ii) The date Dr. Bailey provides to the College proof of his successful
completion of the PROBE Ethics and Boundaries course.
- The Registrar impose the following terms, conditions and limitations on Dr. Bailey’s
certificate of registration:
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(i) Dr. Bailey shall comply with all outstanding requirements of the SCERP as set
forth in the Decision and Reasons of the ICRC, dated May 4, 2016. The
reference to “a boundaries course” will mean the PROBE Ethics and
Boundaries Course (rather than the Understanding Boundaries course which
Dr. Bailey previously attended); and
(ii) Dr. Bailey shall comply with the College Policy “Closing a Medical Practice”.
- Dr. Bailey pay to the College costs in the amount of $31,110.00, in equal quarterly
payments over the course of two years, to commence within 30 days from the date of
release of this order and to be completed within 24 months.
NOTE: On February 14, 2020, Dr. Bailey provided notice of his appeal to the Superior
Court of Justice (Divisional Court) from the decisions of the Discipline Committee of the
College of Physicians and Surgeons of Ontario dated May 6, 2019 and February 3, 2020.
Pursuant to ss.25(1) of the Statutory Powers Procedure Act, the decision of the
Discipline Committee is stayed pending the outcome of the appeal.
On May 1, 2020, Dr. Bailey provided notice that he filed an Abandonment of Appeal in
the Superior Court of Justice (Divisional Court) on April 30, 2020. The effect of the
abandonment is that the Discipline Committee’s order contained in its decision dated
February 3, 2020 is no longer stayed and is immediately in full force and effect.
Decision: Download Full Decision (PDF)
Hearing Date(s): Hearing dates: February 11 & 12, 2019
Penalty hearing date: December 12, 2019
Concerns
Source:
Compliance and Monitoring Department
Active Date: July 17, 2019
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)
Source:
Compliance and Monitoring Department
Active Date: May 4, 2016
Expiry Date:
Summary:
Specified Continuing Education and Remediation Program:
A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes 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 SCERP is one of the dispositions that the College’s Inquiries, Complaints and Reports Committee 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. 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.
See PDF for the summary of a decision made against this member in which the
disposition includes a SCERP:
Download Full Document (PDF)