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Miller, Robert Barry

CPSO#: 30297

MEMBER STATUS
Active Member as of 01 Jun 2007
CPSO REGISTRATION CLASS
Restricted as of 01 Jun 2007

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University Of Toronto, 1977

Practice Information

Primary Location of Practice
Suite 242
1333 Sheppard Avenue East
Toronto ON  M2J 1V1
Phone: (416) 498-7874
Fax: (416) 850-1138 Electoral District: 10

Professional Corporation Information


Corporation Name: Dr. Robert B. Miller Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Sep 16 2010

Shareholders:
Dr. R. Miller ( CPSO# 30297 )

Business Address:
Suite 242
1333 Sheppard Avenue East
Toronto ON  M2J 1V1
Phone Number: (416) 498-7874

Specialties

Specialty Issued On Type
Otolaryngology - Head and Neck Surgery Effective:10 Sep 1982 RCPSC Specialist

Postgraduate Training

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



University Of Toronto, 13 Jun 1977 to 11 Jun 1978
Other - Comprehensive Internship

University Of Toronto, 01 Jul 1978 to 31 Dec 1978
Resident 1 - Otolaryngology - Head and Neck Surgery

University Of Toronto, 01 Jan 1979 to 30 Jun 1979
Resident 2 - Otolaryngology - Head and Neck Surgery

University Of Toronto, 01 Jul 1980 to 30 Jun 1981
Resident 3 - Otolaryngology - Head and Neck Surgery

University Of Toronto, 01 Jul 1981 to 30 Jun 1982
Resident 4 - Otolaryngology - Head and Neck Surgery

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 13 Jun 1977
Transfer of class of registration to: Independent Practice Certificate Effective: 31 Jul 1978
Expired: Failure to Renew Membership Expiry: 18 Nov 1983
Subsequent certificate of registration issued: Restricted certificate Effective: 14 Feb 2007
Expired: Terms and conditions imposed on certificate by Registration Committee Effective: 13 May 2007
Subsequent certificate of registration issued: Restricted certificate Effective: 01 Jun 2007
Terms and conditions amended by Discipline Committee Effective: 28 Jul 2020

Practice Restrictions

Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 28 Jul 2020 Active
             (1 of 2)

            As from July 28, 2020, 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. Robert
            Barry Miller: 

            (a)   Dr. Miller shall comply with the College Policy "Closing a Medical
                  Practice";

            (b)   Dr. Miller shall successfully complete a one-on-one program acceptable to
                  the College in anger management and impulse control. The program may
                  include formal instruction, treatment/counselling, or a combination
                  thereof, must include a written report to the College by the professional
                  offering the program upon completion of the program, and must be
                  completed within six (6) months from the date of this Order.

            (2 of 2)

            Dr. Robert Barry Miller may practise otolaryngology in an office based setting
            only.

Previous Hearings

Committee: Discipline
Decision Date: 28 Jul 2020
Summary:

On July 28, 2020, on the basis of uncontested facts and a plea of no contest, the 
Discipline Committee found that Dr. Robert Barry Miller (Dr. Miller) committed an act of 
professional misconduct under paragraph 1(1)33 of O. Reg. 856/93, 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. Miller is a 67-year-old otolaryngologist who practices in Toronto, Ontario. He 
received his certificate of independent practice in Ontario in 2007. 
 
Interaction with a health care professional 
 
In January 2018, a patient of Dr. Miller’s attended a pharmacy with a prescription for 
hydrocodone syrup. That medication was not available at the pharmacy as it was on 
backorder. Accordingly, the pharmacist on duty contacted Dr. Miller by telephone to 
discuss alternatives available at the pharmacy. Dr. Miller, in speaking with the 
pharmacist, insisted that the medication prescribed must contain hydrocodone, a 
controlled substance. 
 
The Pharmacist advised Dr. Miller that he must then supply a new written prescription 
for an alternative medication containing hydrocodone as prescriptions for controlled 
substances cannot be provided verbally over the phone. Dr. Miller expressed irritation 
and then attended the pharmacy in person. In the presence of the pharmacy technician, 
he called the pharmacist stupid multiple times, threatened that he would tell his patients 
not to come to that pharmacy, accused the pharmacist of withholding treatment to the 
patient, and then grabbed the pharmacist by the neck, pulled him close, and whispered 
in the pharmacist’s ear “you are stupid”.   
 
Patient A 
 
Patient A was referred by her family physician to Dr. Miller for a consultation regarding 
her ear drums, which had burst previously. She attended the consultation with another 
family member.  
  
As explained by Patient A and the family member, Dr. Miller was short and curt in his 
assessment of Patient A. He then told Patient A to lie down on the table without 
explaining what was going to happen. Patient A told Dr. Miller that she was nervous and 
advised him that it did not instill confidence when he did not explain what he was going 
to do. Dr. Miller replied that “it does not instill confidence in me when you won’t lie down 
and stay still”.  Patient A and her family member elected to leave, and Dr. Miller threw 
                                       1 

 down his instrument and said, “then leave and continue to have problems with your 
ears”. 
 
Dr. Miller’s consultation note to the referring physician stated in part: 
          
   …She became quite fearful, in fact she was crying in my office. [Family member] then 
   stepped in, and enabled her to continue this “performance”.  [Family member] said 
   “do you want to go home” and the young lady said yes I do. They left.  For a 20-year-
   old, in spite of being quite fearful, this type of behaviour is really unacceptable.  As 
   you know I am quite gentle and explained what I am doing at each step.  However 
   this hystrionic [sic] behaviour was only enabled by the [family member]… 
        
 FACTS ON PENALTY 
  
 In December 2011, the Inquiries, Complaints and Reports Committee of the College (the 
 “ICRC”) considered a complaint that Dr. Miller was rude and abrupt in his 
 communications when a patient questioned the cleanliness of a nasopharyngoscope. 
 The ICRC required Dr. Miller to participate in a Specified Continuing Education and 
 Remediation Program consisting of a preceptorship in infection control and a 
 reassessment.  
  
 In June 2013, the ICRC considered a complaint that Dr. Miller was rude and abrupt in his 
 communications during an examination of the complainant’s ear. The Committee noted 
 that Dr. Miller had received prior complaints about communications and stated its 
 expectation that physicians conduct themselves in a professional manner at all times 
 and clearly explain all procedures to the patient. 
  
 In January 2016, the ICRC considered a complaint that Dr. Miller was rude and abrupt in 
 his communications when performing an endoscopic procedure on the complainant. 
 The ICRC directed Dr. Miller to attend to be cautioned in person regarding his 
 communications and his record-keeping. In addition, the ICRC required Dr. Miller to 
 participate in a Specified Continuing Education and Remediation Program consisting of 
 one-on-one instruction in Communications with Dawn Martin, clinical supervision 
 focused on record-keeping, and a reassessment.  
  
 Since January 2016, the ICRC has considered three subsequent complaints about Dr. 
 Miller’s communications, not including the incidents at issue in this proceeding. 
  
 DISPOSITION 
  
 In its order issued on July 28, 2020, the Committee ordered and directed: 
  
    -  Dr. Miller to attend before the panel to be reprimanded. 
                                   2 

    
-  the Registrar to suspend Dr. Miller’s certificate of registration for a period of 
   three (3) months, commencing on October 3, 2020 at 12:01 a.m. 
    
-  .the Registrar to place the following terms, conditions and limitations on Dr. 
   Miller’s certificate of registration effective immediately: 
              
      (a) Dr. Miller shall comply with the College Policy “Closing a Medical 
         Practice”; 
          
      (b) Dr. Miller shall successfully complete a one-on-one program acceptable to 
         the College in anger management and impulse control.  The program may 
         include formal instruction, treatment/counselling, or a combination 
         thereof, must include a written report to the College by the professional 
         offering the program upon completion of the program, and must be 
         completed within six (6) months from the date of this Order. 
              
-  Dr. Miller to pay costs to the College in the amount of $10,370.00 within ninety 
  (90) days from the date of this Order.


Decision: Download Full Decision (PDF)
Hearing Date(s): Motion: February 20, 2020 Hearing: July 28, 2020

Concerns

Source: ICR Committee
Active Date: January 13, 2016
Expiry Date:
Summary:
As of September 27, 2018, Dr. Robert Barry Miller has completed all elements of his SCERP.

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)