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Hyde, Byron Marshall

CPSO#: 21364

MEMBER STATUS
Expired: Resigned from membership as of 09 Jul 2019
CPSO REGISTRATION CLASS
None as of 09 Jul 2019
Flag: Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English, French

Education:University of Ottawa, 1966

Practice Information

Primary Location of Practice
Practice Address Not Available

Medical Records Location

Address: 121 Iona Street Ottawa, ON K1Y 3M1
Date Received: 05 Jul 2019

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 20 Jun 1968
Expired: Failure to Renew Membership Expiry: 08 Nov 1968
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 14 Nov 1968
Transfer of class of certificate to: Restricted certificate Effective: 30 Jan 2013
Terms and conditions imposed on certificate Effective: 30 Jan 2013
Transfer of class of registration to: Independent Practice Certificate Effective: 30 Jul 2014
Transfer of class of certificate to: Restricted certificate Effective: 09 Nov 2018
Terms and conditions imposed on certificate Effective: 09 Nov 2018
Terms and conditions amended by member Effective: 22 Nov 2018
Expired: Resigned from membership. Expiry: 09 Jul 2019

Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 14 Aug 2019
Summary:

On August 14, 2019, on the basis of an Agreed Statement of Facts and Admission (Liability), the 
Discipline Committee found that Dr. Hyde committed an act of professional misconduct, in that 
he has failed to maintain the standard of practice of the profession, and has engaged in an act or 
omission relevant to the practice of medicine that, having regard to all circumstances, would 
reasonably be regarded by members as disgraceful, dishonourable or unprofessional. 
Background 
 
Dr. Hyde is 82 years old. Until July 9, 2019, he was a general practitioner in Ottawa, Ontario. He 
held a certificate of independent practice with the College of Physicians and Surgeons of Ontario 
since 1968. 
 
Failure to Maintain the Standard of Practice of the Profession 
       
The College retained Dr. Mark Nassim to provide an opinion with respect to Dr. Hyde’s care and 
treatment of patients. In his reports, Dr. Nassim opined that: 
 
a)    Dr. Hyde failed to maintain the standard of practice with respect to his medical record-
keeping in that: 
    i.   His patient charts are not clearly written, are disorganized and often lack an easily 
         identifiable patient record;  
    ii.  He fails to maintain chronological SOAP notes or other clearly delineated summaries 
         of patients’ investigations and medical condition(s), such as a Cumulative Patient 
         Profile, and does not include pertinent positive or negative findings, rationale for 
         ordering investigations or discussions with patients about the results;  
   iii.  Dr. Hyde uses unprofessional language in his charts to describe his patients; 
          
b)    Dr. Hyde states that he practices “complex disease management” primarily involving 
Myalgic Encephalomyelitis and Chronic Fatigue Syndrome, which is outside the conventionally-
recognized scope of general or primary care practice; 
 
c)    Dr. Hyde takes diagnostic approaches that are not supported or corroborated by 
conventional practice, and orders investigations the results of which are nonspecific and yield no 
discernible constructive findings; 
 
d)    Dr. Hyde failed to follow currently accepted guidelines for the detection of prostate 
cancer, including in ordering PSA testing; 
 
e)    Dr. Hyde lacked knowledge of opioid or benzodiazepine treatment contracts, despite 
prescribing long-term benzodiazepines to patients; 
 
f)    Dr. Hyde lacked knowledge as to whether or not his electronic correspondence and 
patient files are encrypted or stored in a secure fashion, despite the fact that he purported to 
conduct an extensive telemedicine practice from Italy for several months each year. 
    
Dr. Melvin Borins was retained to provide an opinion specifically with respect to Dr. Hyde’s 
psychotherapy practice. In his reports, Dr. Borins opined that: 
 
a) Dr. Hyde failed to record what is required of a practitioner providing psychotherapy, such as 
   a mental status exam, diagnosis, his psychotherapeutic treatment plans, his interventions and 
   the patient’s response to treatment; 
    
b) In one case, where Dr. Hyde billed OHIP for providing psychotherapy 49 times between 
   2006 and 2016, Dr. Borins found only one adequate psychotherapy note; 
    
c) In five cases, Dr. Borins could find no evidence in the charts that Dr. Hyde performed any 
   psychotherapy, despite Dr. Hyde’s numerous billings between 2005 and 2016. 
    
d) In one case, Dr. Hyde prescribed addictive medications and opioids, including Dilaudid, 
   quietapine, clonazepam, and hydromorphone, without documenting the patient’s progress, 
   and how the psychotherapy he was providing was assisting the patient. He failed to properly 
   monitor the patient for risk of addiction, overdose and suicide. This displayed a lack of 
   judgment. 
       
Dr. Hyde’s inappropriate care and treatment of his employee 
       
Individual B was employed by Dr. Hyde. While Individual B was Dr. Hyde’s employee, Dr. 
Hyde: 
       
a) prescribed medication to Individual B on six occasions, including a prescription for a 
   tricyclic antidepressant; and 
       
b) billed OHIP for providing treatment to Individual B on eight occasions, including for 
   psychotherapy on seven of those occasions, between April 2009 and August 2010. 
       
Despite prescribing to Individual B, and billing OHIP for treating Individual B, Dr. Hyde did not 
maintain a patient chart for Individual B. 
       
Unprofessional communications, boundary violations, and conflict of interest 
       
Dr. Hyde is the founder of a charitable foundation. Dr. Hyde wrote newsletters for his charitable 
foundation, which he mailed to the patients in his medical practice. 
 
In these newsletters, Dr. Hyde provided his personal opinions that the compensation of 
physicians in Canada is inadequate, complained about the College’s requirements of physicians, 
solicited patients to make donations to his charitable foundation, and disclosed inappropriate 
personal information about himself and of his patients. 
 
Patient A was a patient of Dr. Hyde’s between approximately 2008 and 2014. In appointments 
with Patient A, Dr. Hyde disclosed his and other patients’ health information, questioned the 
competency of other physicians, and complained about physicians’ remuneration and about the 
College, including the College’s record-keeping requirements. 
       
Block Fee for Uninsured Services 
 
When Patient A first became a patient of Dr. Hyde’s, Dr. Hyde charged her $1,500, purportedly 
as a block fee for services that are not covered by OHIP. In doing so, Dr. Hyde failed to comply 
with the OHIP Schedule of Benefits, and the College’s policy on Block Fees and Uninsured 
Services by: 
 
a) improperly charging Patient A a block fee charged to cover the constituent elements of one 
   or more insured services; 
    
b) failing to provide her with the alternative of paying for each service individually at the time 
   that it was provided; and 
    
c) failing to offer the block fee in writing indicating the services that were and were not covered 
   by the block fee, and failed to provide her with a copy of the policy to ensure that she was 
   fully informed of her payment options. 
       
Delay in Responding to Request for Patient Chart and Inappropriate Fee 
       
In September 2013, Patient A’s lawyer wrote to Dr. Hyde requesting a copy of her chart, which 
Patient A was required to produce for the purpose of motor vehicle litigation, enclosing a 
direction authorizing Dr. Hyde to release it to the lawyer. 
 
Patient A did not obtain any portion of her chart from Dr. Hyde until July 2014, despite having 
made multiple requests for it both directly to Dr. Hyde and to his secretary, and despite attending 
at Dr. Hyde’s office numerous times specifically for this purpose.  
    
In July 2014, Dr. Hyde’s assistant informed Patient A that her chart was available to be picked 
up, and that the fee would be $825. Dr. Hyde’s first invoice to Patient A, indicated that the $825 
fee was for “medical-legal work”. When Patient A raised a concern with Dr. Hyde that his fee 
was excessive, and that she had not requested that he do any medical-legal work, he provided a 
revised invoice indicating that he had charged her $825 “to organize all patient data into a 
comprehensive chart and copy the entire file at the request of [Patient A]’s lawyer”, and that this 
had taken him four hours. 
       
ADMISSION 
       
Dr. Hyde admits the facts above, and admits that, based on these facts, he engaged in 
professional misconduct under: 
 
   a) paragraph 1(1)2 of Ontario Regulation 856/93 made under the Medicine Act, 1991, in that 
      he failed to maintain the standard of practice of the profession; and 
       
   b) paragraph 1(1)33 of O Reg. 856/93, in that he engaged in acts or omissions relevant to 
      the practice of medicine that would be regarded by members as disgraceful, 
      dishonourable or unprofessional. 
 
AGREED STATEMENT OF FACTS RELEVANT TO PENALTY 
 
Dr. Hyde entered into an undertaking to  the College on July 5, 2019, by  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 July 9, 2019.  
 
ORDER 
 
The Discipline Committee ordered that: 
   -  Dr. Hyde attend before the panel to be reprimanded 
   -  Dr. Hyde pay costs to the College in the amount of $10,370.00 within thirty (30) days 
      from the date of this Order.

Hearing Date(s): August 14, 2019 half day hearing start time 9:00 a.m.

Concerns Flag: indicates a concern or additional information

Source: Member
Active Date: July 9, 2019
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Hyde to the College of Physicians and Surgeons of Ontario, effective July 9, 2019:

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