Committee: Ontario Physicians and Surgeons Discipline Tribunal
Decision Date: 12 Dec 2022
Summary:
Committee: Discipline
Decision Date: 15 Feb 2018
Summary:
On February 15, 2018, the Discipline Committee found that Dr. Mathieu Bélanger has committed an act of professional misconduct in that he engaged in an act or omission relevant to the practice of medicine that, having regarding to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
Dr. Bélanger is a family physician who practises in the area of interventional pain management. Dr. Bélanger currently works at, and owns, the Inovo Medical clinic in Ottawa, a clinic that provides interventional pain management procedures. Dr. Bélanger was the Medical Director of Inovo. Following referral of this matter to discipline and at the request of the College, Dr. Bélanger appointed an acting Medical Director, effective August 22, 2017.
Nerve blocks, which are categorized as Level 2 Interventional Pain Management procedures, are only authorized to be performed in an Out-of-Hospital premises (“OHP”) that is approved by the College. Between October 15 and January 2016, Dr. Bélanger provided interventional pain treatments to patients, including Level 2 nerve blocks, while working in a clinic that was not an approved OHP.
Dr. Bélanger was aware of the requirement that Level 2 procedures can only be performed in an OHP that has been approved and that responsibility for notifying the College’s OHP program is on the physician. He was aware that the clinic where he was performing Level 2 procedures was not an approved OHP, had never been inspected under the Out of Hospital Premises Inspection Program, did not meet program requirements and that he was not authorized to provide Level 2 procedures in that location.
There is no evidence that Dr. Bélanger’s performance of any of these procedures caused any harm to any patients.
As part of the College investigation, information was obtained from the Ontario Health Insurance Plan (“OHIP”). The information from OHIP confirms that Dr. Bélanger submitted claims to OHIP between October 21, 2015 and January 13, 2016, for Level 2 procedures, particularly nerve blocks, that were performed by Dr. Bélanger at the clinic that was not an approved OHP. The OHIP information indicates that between October 21, 2015 and January 13, 2016, Dr. Bèlanger billed approximately $103,428.00 for performing Level 2 procedures in the clinic that was not an approved OHP, that are only authorized to be performed in an OHP.
DISPOSITION
The Discipline Committee ordered that:
- The Registrar suspend Dr. Bélanger’s Certificate of Registration for a five (5) month period, effective February 17th, 2018 at 12:01 a.m.
- The Registrar to impose the following terms, conditions and limitations on Dr. Bélanger’s Certificate of Registration:
o Dr. Bélanger will successfully complete the PROBE course in ethics and
professionalism, at his own expense, within (twelve) 12 months of the date of this
Order, or any alternate course in ethics and professionalism approved by the College. Dr. Bélanger will agree to abide by any recommendations of the PROBE program
and provide proof of completion to the College;
o Approval of the College’s Out of Hospital Premises program is required before Dr.
Bélanger resumes the Medical Director role in an Out of Hospital Premises.
- Dr. Bélanger to appear before the panel to be reprimanded.
- Dr. Bélanger to pay to the College its costs of this proceeding in the amount of $5,500 within ninety (90) days from the date of this Order.