Committee: Discipline
Decision Date: 07 Jan 2016
Summary:
On January 7, 2016, the Discipline Committee found that Dr. Clary Jefferson Foote committed an act of professional misconduct in that he has 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. Dr. Foote admitted to the allegation.
Dr. Foote completed four years of an orthopedic surgery residency at McMaster University. He held a restricted Postgraduate Education Certificate with the College of Physicians and Surgeons of Ontario from July 1, 2009 to September 30, 2015. He does not currently hold an active certificate of registration with the College.
In the course of his orthopedic surgery residency, Dr. Foote planned to complete an elective offered through Dalhousie University at a Hospital in Nova Scotia, to begin on October 22, 2013.
In order to be accepted for the elective, Dr. Foote was required to submit letters of support from his program director and program chair at McMaster. In addition, he was required to obtain an educational license from the College of Physicians and Surgeons of Nova Scotia, for which he was required to submit a letter from his program director confirming that the elective had been approved by McMaster.
Dr. Foote submitted two letters of support to the Hospital, one purportedly signed by his program director, and one purportedly signed by his program chair. In fact, neither of them had reviewed, approved or signed the letters prior to their submission to the Hospital by Dr. Foote. Dr. Foote created the letters of support by modifying letters of recommendation on his behalf previously written by these physicians and affixing their signatures electronically. Dr. Foote had submitted drafts of the letters of support to the program director and program chair prior to affixing their signatures to the letters. However neither of them had approved the letters, provided his consent to have his signature affixed to the letter, or agreed that the letters could be submitted to the Hospital prior to Dr. Foote doing so.
Dr. Foote also submitted a letter to the Nova Scotia College purportedly signed by his program director confirming that the elective had been approved by McMaster. His program director had orally advised Dr. Foote that the elective had been approved, however, Dr. Foote created the letter and affixed the program director’s signature to the letter without Dr. Petrisor’s knowledge, consent or approval.
Dr. Foote advised the College that he affixed the signatures to the three letters and submitted these letters to the Hospital and the Nova Scotia College without the knowledge, consent or approval of his program director and program chair because Dr. Foote had given himself insufficient time to complete the application process for the elective at the Hospital and was concerned that he would miss the deadline for application.
PENALTY AND COSTS
On July 19, 2016, the Committee ordered and directed that:
- Dr. Foote appear before the panel to be reprimanded;
- The Registrar suspend Dr. Foote’s Certificate of Registration for a one month period, to commence at 12:01 a.m. on the date of this Order;
- The Registrar impose the following as a term, condition and limitation on Dr. Foote’s certificate of registration:
- At his own expense, Dr. Foote shall participate in and successfully complete, within 6 months of the date of this Order, 5 hours of individualized instruction in medical ethics with an instructor approved by the College. The instructor shall provide a summative report to the College including his or her conclusion about whether the instruction was completed successfully by Dr. Foote; and
- Dr. Foote pay to the College its costs of this proceeding in the amount of $5,000 within thirty (30) days from the date of this Order.