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Baxter, Brian John

CPSO#: 29571

MEMBER STATUS
Active Member as of 11 Dec 2020
CPSO REGISTRATION CLASS
Restricted as of 11 Dec 2020

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:The University of British Columbia, 1976

Practice Information

Primary Location of Practice
425 Cecelia Street
Pembroke ON  K8A 1S7
Phone: (613) 735-3188
Fax: (613) 735-2296 Electoral District: 07

Additional Practice Location(s)

425 Cecelia Street
Pembroke ON  K8A 1S7
Canada
Phone: (613) 735-3188
Fax: (613) 735-2296
County: County of Renfrew
Electoral District: 07

Hospital Privileges

Hospital Location
Pembroke Regional Hospital Pembroke

Specialties

Specialty Issued On Type
No Speciality Reported

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 30 Aug 1977
Transfer of class of certificate to: Restricted certificate Effective: 11 Dec 2020

Pending Hearings

Summary:

Allegations of Dr. Baxter’s professional misconduct have been referred to the Discipline Committee of the College. It is alleged that Dr. Baxter engaged in sexual abuse of and/or disgraceful, dishonourable or unprofessional conduct, including by engaging in a sexual relationship with a patient, including sexual intercourse; sexual abuse of and/or disgraceful, dishonourable or unprofessional conduct, including by engaging in sexual touching of a patient during a medical appointment; and disgraceful, dishonourable or unprofessional conduct by providing inaccurate and/or misleading information to the College during its investigation, and by inappropriately combining treating and personal relationships with patients.


Notice of Hearing: Download Full Notice (PDF)

Hearing Date(s): May 3 - 7 & 17, 2021

Practice Restrictions

Imposed By Effective Date Expiry Date Status
member Effective: 15 Dec 2020 Active
 As from December 11, 2020, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Brian John Baxter in accordance with an undertaking and consent given by Dr. Baxter to the College of Physicians and Surgeons of Ontario:

UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
("Undertaking")

of

DR. BRIAN JOHN BAXTER
("Dr. Baxter")

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 Committee" means the Discipline Committee of the College; 
	
 "NMS" means the Drug Program Services Branch, the Narcotics Monitoring System implemented under the Narcotics Safety and Awareness Act, 2010;

"OHIP" means the Ontario Health Insurance Plan; and

"Public Register" means the College's register that is available to the public.

(2)	I, Dr. Baxter, certificate of registration number 29571, am a member of the College.  

(3)	I, Dr. Baxter, acknowledge that following a College investigation that raised concerns about my standard of practice in my general medicine practice, I underwent remediation and submitted to a reassessment of my practice. The reassessment report, dated June 28, 2020, subsequently received by the College raised concerns about my standard of practice in my general medicine practice. 

B.	UNDERTAKING

(4)	I, Dr. Baxter, undertake to abide by the provisions of this Undertaking, effective immediately.

(5)	Practice Restriction

(a)	I, Dr. Baxter, undertake that I will limit the number of patients I treat each day to a maximum of forty-five (45) patients per day. 

(6)	Clinical Supervision 

(a)	I, Dr. Baxter, 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. Baxter, 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 initial meeting to discuss the objectives for the Clinical Supervision and practice improvement recommendations;

(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 ("Moderate Level");

(iv)	After a minimum of three (3) months of Moderate Level 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 ("Low Level");

(v)	During the Moderate Level Clinical Supervision, directly observe my practice for one half day, and direct observation to include a minimum of ten (10) patient encounters at every meeting, in addition to reviewing the charts as noted in (6)(vi) below. During the period of Moderate Level Clinical Supervision, direct observation of patient encounters by my Clinical Supervisor will include at least ten (10) paediatric patients, and ten (10) patients being prescribed opioids.

(vi)	During the period of Moderate Level Clinical Supervision and Low Level Clinical Supervision, review at least fifteen (15) of my patient charts at every meeting;

(vii)	Discuss any concerns arising from the chart reviews;

(viii)	Make recommendations to me for practice improvements and ongoing professional development and inquire into my compliance with the recommendations; 

(ix)	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; and

(x)	Submit written reports to the College at least: once every month  during the period of Moderate Level Clinical Supervision or until the College approves a reduction in the level of supervision, and then once at the end of Low Level Clinical Supervision, or more frequently if the Clinical Supervisor has concerns about my standard of practice.

(c)	I, Dr. Baxter, 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 the areas of concern identified in the report of the assessor  dated June 28, 2020, and concerns that may arise during the period of Clinical Supervision.

(d)	I, Dr. Baxter, 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.

(e)	I, Dr. Baxter, 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.

(f)	I, Dr. Baxter, 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.

(g)	I, Dr. Baxter, undertake that if I am unable to obtain a Clinical Supervisor on the provisions set out under sections (6)(e) and/or (f) above, I will cease practising medicine until such time as I have obtained a Clinical Supervisor acceptable to the College.  

(h)	I, Dr. Baxter, acknowledge that if I am required to cease practise as a result of section (6)(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.

(7)	Professional Education  

(a)	I, Dr. Baxter, 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)	Opioids Clinical Primer, machealth Programs; and

(ii)	CMPA e-learning module, Documentation: Principles of Medical Record-Keeping;

(iii)	Review, reflection, and a written summary of the following policies and other self-study:     
       
1.	Medical Records Documentation, College Policy;

2.	Prescribing Drugs, College Policy;

3.	Nippissing District Developmental Screen; and

4.	Rourke Baby Record 2017 Edition;

(iv)	any additional professional education recommended by my Clinical Supervisor.

(b)	I, Dr. Baxter, 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. Baxter, undertake to complete this requirement within three (3) months or, if no satisfactory program is available by that time, at the first possible opportunity thereafter.

(d)	I, Dr. Baxter, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.

(e)	I, Dr. Baxter, 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.

(8)	Reassessment of Practice

(a)	I, Dr. Baxter, undertake that, approximately six (6) months after the completion of the Clinical Supervision set out in section (6) above and Appendix "A" to this Undertaking, and the completion of the Professional Education set out in section (7) 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. Baxter, undertake to co-operate fully with the Reassessment, conducted under the term of this Undertaking. 

(c)	I, Dr. Baxter, 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. Baxter, 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. 

(9)	Monitoring 

(a)	I, Dr. Baxter, undertake to inform the College of each and every location at which I practise or have privileges, including, but not limited to, any hospitals, clinics, offices, and any 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. Baxter, 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. Baxter, give my irrevocable consent to the College to make appropriate enquiries of OHIP, NMS 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. Baxter, acknowledge that I have executed the OHIP and NMS consent forms, attached hereto as Appendix "C" and Appendix "D", respectively. 

C.	ACKNOWLEDGEMENT

(10)	I, Dr. Baxter, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.

(11)	I, Dr. Baxter, 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. 

(12)	I, Dr. Baxter, 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.

(13)	I, Dr. Baxter, 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").

(14)	I, Dr. Baxter, 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 Committee of the College.

(15)	I, Dr. Baxter, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code. 

(16)	Public Register

(a)	I, Dr. Baxter, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.

(b)	I, Dr. Baxter, acknowledge that, in addition to this Undertaking being posted in accordance with section (16)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:

Following a College investigation, Dr. Baxter underwent remediation and submitted to a reassessment of his practice. The reassessment report subsequently received by the College raised concerns about his standard of practice in his general medicine practice. As a result of the reassessment report:

Dr. Baxter will limit the number of patients he treats each day to a maximum of forty-five (45) patients per day.

Dr. Baxter will practise under the guidance of a Clinical Supervisor acceptable to the College for a period of six (6) months. 

Dr. Baxter will engage in professional education in opioid prescribing, well-baby care, management of chronic conditions, and medical record-keeping. 

Dr. Baxter's practice will be reassessed by an assessor selected by the College within six (6) months of the end of the period of Clinical Supervision.

(c)	I, Dr. Baxter, acknowledge that this Undertaking remains in effect until the College determines its terms are satisfied.

D.	CONSENT

(17)	I, Dr. Baxter, 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.

(18)	I, Dr. Baxter, 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.

(19)	I, Dr. Baxter, 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.


Concerns

Source: Member
Active Date: December 11, 2020
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Brian John Baxter to the College of Physicians and Surgeons of Ontario, effective December 11, 2020:

Following a College investigation, Dr. Baxter underwent remediation and submitted to a reassessment of his practice. The reassessment report subsequently received by the College raised concerns about his standard of practice in his general medicine practice. As a result of the reassessment report:

Dr. Baxter will limit the number of patients he treats each day to a maximum of forty-five (45) patients per day.

Dr. Baxter will practise under the guidance of a Clinical Supervisor acceptable to the College for a period of six (6) months.

Dr. Baxter will engage in professional education in opioid prescribing, well-baby care, management of chronic conditions, and medical record-keeping.

Dr. Baxter’s practice will be reassessed by an assessor selected by the College within six (6) months of the end of the period of Clinical Supervision.

 

Source: Inquiries, Complaints and Reports Committee
Active Date: October 4, 2017
Expiry Date:
Summary:
Dr. Baxter has completed the required elements of his SCERP dated October 4, 2017.

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.
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