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Gutman, Mory Mayer

CPSO#: 28253

MEMBER STATUS
Expired: Resigned from membership as of 30 Nov 2021
EXPIRY DATE
30 Nov 2021
CURRENT OR PAST 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: Ontario Physicians and Surgeons Discipline Tribunal
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

More detail can be found in the reasons for decision linked below.


Decision: Download Full Decision (PDF)
Hearing Date(s): 2021-11-22

 

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.
Download Full Document (PDF)

 

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)