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Henry, Richard Anthony

CPSO#: 63132

MEMBER STATUS
Active Member as of 22 Sep 2019
CPSO REGISTRATION CLASS
Restricted as of 24 Aug 2018
Flag: Indicates a concern or additional information

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Cape Town, 1981

Practice Information

Primary Location of Practice
Department of Anaesthesia & Periope
Kingston General Hospital
76 Stuart Street
Kingston ON  K7L 2V7
Phone: (613) 548-3232
Fax: (613) 548-1375 Electoral District: 06

Professional Corporation Information


Corporation Name: Richard Henry Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Mar 13 2007

Shareholders:
Dr. R. Henry ( CPSO# 63132 )

Business Address:
Hotel Dieu Hospital
166 Brock Street
Kingston ON  K7L 5G2
Phone Number: (613) 548-7827

Business Address:
Kingston General Hospital
Department of Anaesthesiology
76 Stuart Street
Kingston ON  K7L 2V7
Phone Number: (613) 548-7827


Corporation Name: Parlow Saha Wang Medicine Professional Corporation
Certificate of Authorization Status: Inactive: Jan 2 2019

Hospital Privileges

Hospital Location
Kingston Health Sciences Centre Kingston
Providence Care Hospital Kingston

Specialties

Specialty Issued On Type
Anesthesiology Effective: 08 Nov 1994 RCPSC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.



Queen's University, 01 Jul 1994 to 31 Dec 1994
Resident 4 - Anesthesiology

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 14 Sep 1990
Transfer of class of registration to: Independent Practice Certificate Effective: 28 Nov 1994
Transfer of class of certificate to: Restricted certificate Effective: 24 Aug 2018
Terms and conditions imposed on certificate by Inquiries, Complaints and Repo Effective: 24 Aug 2018
Terms and conditions amended by member Effective: 07 May 2019
Terms and conditions amended by Discipline Committee Effective: 22 Jul 2019
Suspension of registration imposed: Discipline Committee Effective: 22 Jul 2019
Suspension of registration removed Effective: 22 Sep 2019

Practice Restrictions Flag: indicates a concern or additional information

Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 22 Jul 2019 Active
             (1 of 2)

            As from 12:00 p.m., July 22, 2019, by order of the Discipline Committee of the
            College of Physicians and Surgeons of Ontario, the following terms, conditions
            and limitations are imposed on the certificate of registration held by Dr.
            Richard Anthony Henry:

            i)    Dr. Henry shall comply with the College Policy #2-07 "Practice Management
                  Considerations for Physicians Who Cease to Practice, Take an Extended
                  Leave of Absence or Close Their Practice Due to Relocation", a copy of
                  which is attached at Schedule "A" to this Order; and

            ii)   Dr. Henry will participate in the PROBE Ethics & Boundaries Program
                  offered by the Centre for Personalized Education for Professionals, by
                  receiving a passing evaluation or grade, without any condition or
                  qualification. Dr. Henry will complete the PROBE program within 6 months
                  of the date of this Order, and will provide proof to the College of his
                  completion, including proof of registration and attendance and
                  participant assessment reports, within one (1) month of completing it.

            (2 of 2)

            As from May 7, 2019, the following are imposed as terms, conditions and
            limitations on the certificate of registration held by Dr. Richard Anthony
            Henry, in accordance with an undertaking and consent given by Dr. Henry to the
            College of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                                                of
                  
                                   DR. RICHARD ANTHONY HENRY  
                                          ("Dr. Henry")
                  
                                                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; 
                  
                  "ICR Committee" means the Inquiries, Complaints and Reports 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;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
            (2)   I, Dr. Henry, certificate of registration number 63132, am a member of
                  the College. 

            (3)   I, Dr. Henry, acknowledge that the College conducted an investigation
                  bearing File Number 7216111 (the "Investigation") into concerns about my
                  standard of practice and conduct in my chronic pain management practice.

            (4)   I, Dr. Henry, acknowledge that, if an original copy of this Undertaking
                  as signed by me is accepted by the ICR Committee, the College will also
                  deliver a caution in person.  

            B.    UNDERTAKING

            (5)   I, Dr. Henry, undertake to abide by the provisions of this Undertaking,
                  effective upon the date this Undertaking is approved by the ICR Committee
                  ("Effective Date").

            (6)   Professional Education  

                  (a)   I, Dr. Henry, undertake to participate in and successfully complete
                        all aspects of the detailed IEP, attached hereto as Appendix "A",
                        including all of the following professional education (the
                        "Professional Education"):
                  
                        1.    The University of Toronto Safer Opioid Prescribing course;
                              and
                  
                        2.    A self-directed review of the following materials:
                  
                              (i)   College Policy Statement #7-16: Prescribing Drugs; and
                  
                              (ii)  The 2017 Canadian Guideline for Opioids for Chronic
                                    Non-Cancer Pain.
                  
                  (b)   I, Dr. Henry, 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. Henry, undertake to complete these requirements within three
                        (3) months.
                  
                  (d)   I, Dr. Henry, acknowledge that a report or reports may be provided
                        to the College regarding my progress and compliance with the
                        Professional Education.
                  
            (7)   Reassessment of Practice

                  (a)   I, Dr. Henry, undertake that, approximately six (6) months after
                        the completion of the Professional Education set out in section (6)
                        above and Appendix "A" to this Undertaking, 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 will include a chart review of
                        a minimum of fifteen (15) patient charts, and may also include
                        direct observation of my care, an interview with me, interviews
                        with colleagues and co-workers, feedback from patients and any
                        other tools deemed necessary by the College.
                  
                  (b)   I, Dr. Henry, undertake to co-operate fully with the Reassessment,
                        conducted under the term of this Undertaking. 
                  
                  (c)   I, Dr. Henry, 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. 
                  
            (8)   Monitoring 

                  (a)   I, Dr. Henry, undertake to inform the College of each and every
                        location that 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. Henry, 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. Henry, 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. Henry, acknowledge that I have executed the OHIP and NMS
                        consent forms, attached hereto as Appendix "B" and Appendix "C",
                        respectively. 
                  
            C.    ACKNOWLEDGEMENT

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

            (10)  I, Dr. Henry, 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. 

            (11)  I, Dr. Henry, 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.

            (12)  I, Dr. Henry, 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").

            (13)  I, Dr. Henry, 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.

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

            (15)  Public Register

                  (a)   I, Dr. Henry, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be posted on
                        the Public Register.
                  
                  (b)   I, Dr. Henry, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (15)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                              A College investigation was conducted Dr. Henry's standard of
                              practice and conduct in his chronic pain management practice.
                              As a result of the investigation: 
                  
                                    Dr. Henry will engage in professional education in
                                    opioid prescribing.
                  
                                    Dr. Henry's practice will be reassessed by an assessor
                                    selected by the College within six (6) months of the
                                    completion of the professional education.
                  
                  (c)   I, Dr. Henry, acknowledge that this Undertaking remains in effect
                        until the College determines its terms are satisfied.
                  
            D.    CONSENT

            (16)  I, Dr. Henry, 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
                  Chiefs of Staffs 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.
                  
            (17)  I, Dr. Henry, 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.

            (18)  I, Dr. Henry, give my irrevocable consent to any persons who facilitate
                  my completion of the Professional Education, and to all 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 Reassessment;
                  
                  (c)   any information relevant for the purposes of monitoring my
                        compliance with this Undertaking; and/or  
                  
                  (d)   any information which comes to their attention in the course of
                        providing the Professional Education and which they reasonably
                        believes indicates a potential risk of harm to my patients.

Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 22 Jul 2019
Summary:

On July 22, 2019, on the basis of an Agreed Statement of Facts and Admission, the Discipline 
 Committee found that Dr. Richard Anthony Henry 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 circumstances, would reasonably be regarded by members as disgraceful, 
 dishonourable or unprofessional. 
 AGREED STATEMENT OF FACTS AND ADMISSION 

 Dr. Richard Anthony Henry (“Dr. Henry”) is a sixty-one (61) year-old anesthesiologist who 
currently practices in Kingston, Ontario. Dr. Henry received his certificate of registration 
authorizing independent practice in 1994. In addition to his anesthesiology practice, Dr. Henry 
has provided care and treatment to patients for acute and chronic pain.   
 
PATIENT A: DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL 
CONDUCT 
 
Patient A was a patient of Dr. Henry’s from 2009 to 2015. In 2009, Patient A was referred to Dr. 
Henry for treatment of severe pelvic and hip pain. She initially saw Dr. Henry at the chronic pain 
clinic at St. Mary’s of the Lake Hospital in Kingston. In 2011, the pain clinic was relocated to 
Hotel Dieu Hospital (“HDH”). From September 2011 to October 2015, Patient A saw Dr. Henry 
at the chronic pain clinic at HDH in Kingston.   

Dr. Henry’s treatment of Patient A included pelvic floor injections, and trigger point local 
anesthetic injections to various pain sites in her body. These treatments were very painful for 
Patient A and she sometimes expressed her pain by making loud noises during the appointments.  

Over time, Dr. Henry became increasingly casual in his communications with Patient A. Dr. 
Henry and Patient A engaged in banter during the appointments which Patient A started to find 
was inappropriate. As she required treatment for chronic pain, she continued to attend 
appointments with Dr. Henry.  

On July 16, 2015, Patient A attended an appointment with Dr. Henry at the chronic pain clinic at 
HDH. During the appointment, Dr. Henry administered multiple trigger point injections into 
multiple pain sites in Patient A’s body, including her neck, shoulder area, thighs, and calves. A 
sheet covered areas of her body that were not being injected. A female nurse chaperone was 
present during the appointment.       

Patient A was sweating and felt overwhelmed by the injections. Patient A made loud guttural 
noises as a result of the pain she was experiencing.  

Dr. Henry and the nurse chaperone were standing together near the treatment table. At some 
point after Patient A made loud noises, Dr. Henry turned to the nurse and made an inappropriate, 
unprofessional, and crude comment regarding the noises Patient A was making.  Dr. Henry states 
he was attempting to make light of the situation. Patient A was shocked by Dr. Henry’s comment 
and was very uncomfortable.  

 
 
ADMISSION  
 
Dr. Henry admits the facts set out above, and admits, for the purposes of the College 
proceedings, that he engaged in 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, under 
paragraph 1(1)33 of Ontario Regulation 856/93, made under the Medicine Act, 1991. 
 
DISPOSITION 
 
The Discipline Committee ordered that: 
  -  The Registrar suspend Dr. Henry's certificate of registration for a period of two (2) 
     months, commencing immediately 
   -  The Registrar place the following  terms, conditions and  limitations on Dr. Henry's 
      certificate of registration: 
       i.   Dr. Henry shall comply with the College Policy #2-07 "Practice Management 
            Considerations for Physicians Who Cease to Practice, Take an Extended 
            Leave of Absence or Close Their Practice Due to Relocation", a copy of 
            which is attached at Schedule "A"  to this Order; and 
       ii. Dr. Henry will participate in the PROBE Ethics & Boundaries Program 
           offered by the Centre for Personalized Education for Professionals, by 
           receiving a passing evaluation or grade, without any condition or 
           qualification. Dr. Henry will complete the PROBE program within 6 
           months of the date of this Order, and will provide proof to the College of 
           his completion, including proof of  registration and attendance and 
           participant assessment reports, within one (1) month of completing it. 
   -  Dr. Henry pay costs to the College in the amount of $6,000.00 within 30 days of the 
      date of this Order.


Decision: Download Full Decision (PDF)
Hearing Date(s): July 22, 2019 half day hearing 9:00 a.m. start time

Concerns Flag: indicates a concern or additional information

Source: Member
Active Date: May 7, 2019
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Richard Anthony Henry to the College of Physicians and Surgeons of Ontario, effective May 7, 2019:

A College investigation was conducted Dr. Henry’s standard of practice and conduct in his chronic pain management practice. As a result of the investigation:

Dr. Henry will engage in professional education in opioid prescribing.

Dr. Henry’s practice will be reassessed by an assessor selected by the College within six (6) months of the completion of the professional education.

 

Source: ICR Committee
Active Date: May 7, 2019
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)

 

Source: ICR Committee
Active Date: July 11, 2018
Expiry Date:
Summary:
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.

See PDF for the summary of a decision made against this member in which the disposition includes a Caution-in-Person and a SCERP:
Download Full Document (PDF)