Butters, David Ernest (CPSO#: 50028)

Current Status: Active Member as of 10 Jul 2013

CPSO Registration Class: Restricted as of 16 Nov 2017

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English, French

Education:University of Ottawa, 1979

Practice Information

Primary Location of Practice
60 Arnold Avenue
Thornhill ON  L4J 1B3
Phone: (519) 806-4004
Fax: 905-881-2663
Electoral District: 05
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Dr. David Butters Medicine Professional Corporation

Certificate of Authorization Status: Inactive: Oct 20 2017

Medical Records Location

Instructions: Patients looking to obtain a copy of their medical record may put their request in writing to Dr. Butters at: 60 Arnold Avenue Thornhill ON L4J 1B3.
Date Received: 10 Aug 2016

Hospital Privileges

Hospital Location
Notre-Dame Hospital Hearst
Sensenbrenner Hospital Kapuskasing

Specialties

Specialty Issued On Type
Urology Effective: 26 Nov 1985 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 15 Jun 1979
Transfer of class of registration to: Independent Practice Certificate Effective: 12 Jan 1983
Expired: Resigned from membership. Expiry: 27 Jun 2005
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 10 Jul 2013
Transfer of class of certificate to: Restricted certificate Effective: 16 Nov 2017
Terms and conditions imposed on certificate by member Effective: 16 Nov 2017

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 16 Nov 2017 Active View Details [+]
            As from November 16, 2017, the following terms, conditions and limitations are
            imposed on the certificate of registration held by Dr. David Ernest Butters, in
            accordance with an undertaking and consent Dr. Butters has given to the College
            of Physicians and Surgeons of Ontario:

                               UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
                                            ("Undertaking")

                                                  of

                                       DR. DAVID ERNEST BUTTERS
                                            ("Dr. Butters")

                                                  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; 
                  
                  "Discipline Committee" means the Discipline Committee of the College;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Medical Inspectors' Report" means the report of the medical inspector
                  and independent opinion provider received by the College dated July 5,
                  2016, August 16, 2016, and September 2, 2016;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
            (2)   I, Dr. Butters, certificate of registration number 50028, am a member of
                  the College.  The College has received information regarding my standard
                  of practice.

            (3)   I, Dr. Butters, acknowledge that the College initiated an investigation
                  bearing File Number 7214957 (the "Investigation") into whether I engaged
                  in professional misconduct and/or am incompetent in my urological
                  practice.

            (4)   I, Dr. Butters, acknowledge that I currently hold hospital privileges at
                  I, Dr. Butters, acknowledge that I currently hold hospital privileges at
                  Sensenbrenner Hospital (Kapuskasing) and Hopital Notre Dame Hospital
                  (Hearst).  I do not have privileges at any other hospital whatsoever.

            (5)   I, Dr. Butters, acknowledge that, after the College receives an original
                  copy of this Undertaking as signed by me, no further action will be taken
                  on the Investigation.

            B.    UNDERTAKING

            (6)   I, Dr. Butters, undertake to abide by the provisions of this Undertaking,
                  effective immediately.

            (7)   Practice Restrictions

                  (a)   I, Dr. Butters, undertake that I will not engage in any of the
                        following areas of practice:
                  
                        (i)   The performance of any surgical or operative procedures on
                              patients for whom I am the Most Responsible Physician
                              "(MRP"), including:
                  
                              1.    vasectomies in my office-based practice, until I have
                                    performed at least two (2) vasectomies in my
                                    office-based practice under the observation of my
                                    Clinical Supervisor under the terms of my Clinical
                                    Supervision set out below, and have obtained the
                                    Clinical Supervisor's approval to perform vasectomies
                                    in my office-based practice without observation.
                  
                  (b)   For greater certainty, I, Dr. Butters, acknowledge that I am not
                        permitted to perform cystoscopies.
                  
                  (c)   For greater certainty, I, Dr. Butters, acknowledge that
                        notwithstanding the practice restriction set out in section 7(a), I
                        am permitted to continue practising medicine as a surgical
                        assistant of a surgeon:
                  
                        (i)   certified by the Royal College of Physicians and Surgeons or
                              recognized as a surgical specialist by the College; and
                  
                        (ii)  who holds privileges at a practice location as may be
                              approved by the College (collectively, a "Qualified
                              Surgeon").
                  
                  (d)   I, Dr. Butters, undertake to resign the privileges I currently hold
                        at Sensenbrenner Hospital (Kapuskasing) and Hopital Notre Dame
                        Hospital (Hearst) within five (5) days of entering into this
                        undertaking.
                  
                  (e)   I, Dr. Butters, undertake that I will not commence surgical
                        assisting at any practice location without prior approval of the
                        College. Should I seek privileges to perform surgical assisting at
                        any practice location, I shall advise the College within five (5)
                        days of making such application, and shall seek approval to
                        practice surgical assisting at the practice location at least
                        fourteen (14) days before I plan to commence surgical assisting at
                        that location.
                  
                  (f)   I, Dr. Butters, shall maintain a log of all procedures I perform in
                        my office-based practice, in the form attached as set out in
                        Appendix "A" (the "Procedures Log"), which will include at least
                        the following information:
                        
                        (i)   the date of the appointment;
                        (ii)  the name of the patient and chart/file number;
                        (iii) the name of the procedure performed;
                        (iv)  my signature.
                  
            (8)   Posting a Sign

                  (a)   I, Dr. Butters, undertake that I shall post a sign in the waiting
                        room(s) of all my practice locations, in a clearly visible and
                        secure location, in the form set out at Appendix "B".  For further
                        clarity, this sign shall state as follows: "Dr. Butters must not
                        perform any surgical or operative procedures, except vasectomies in
                        my office-based practice.  Further information may be found on the
                        College of Physicians and Surgeons of Ontario website at
                        www.cpso.on.ca".
                  
                  (b)   I, Dr. Butters, undertake to post a certified translation(s) in any
                        language(s) in which I provide services, of the sign described in
                        section (8)(a) in the waiting room(s) of all my practice locations,
                        in a clearly visible and secure location, in the form set out at
                        Appendix "B".
                  
                  (c)   I, Dr. Butters, undertake to provide the certified translation(s)
                        described in section (8)(b), to the College within thirty (30) days
                        of executing this Undertaking.
                  
                  (d)   I, Dr. Butters, undertake that if I elect, after the execution of
                        this Undertaking, to provide services in any other language(s), I
                        will notify the College prior to providing any such services. 
                  
                  (e)   I, Dr. Butters, undertake to provide to the College the certified
                        translation(s) described in section (8)(b) prior to beginning to
                        provide services in the language(s) described in section (8)(d).
                  
            (9)   Clinical Supervision

                  (a)   I, Dr. Butters, undertake to practise under the guidance of a
                        clinical supervisor(s) acceptable to the College (the "Clinical
                        Supervisor(s)"), for seven (7) months ("Clinical Supervision"), as
                        outlined in the Clinical Supervisor's undertaking attached hereto
                        as Appendix "C", the IEP attached hereto as Appendix "D", and as
                        set out below: 
                  
                  
                  
                  
                  
                        (i)   Moderate Level Supervision
                  
                              1.    I, Dr. Butters, undertake that initially I will
                                    practise under the moderate level supervision of the
                                    Clinical Supervisor ("Moderate Level Supervision"). 
                  
                             2.    I, Dr. Butters, acknowledge that during the period of
                                   Moderate Level Supervision, the Clinical Supervisor
                                   will meet with me  at least weekly to review a minimum
                                   of five (5) of my patient charts from each of my
                                   practice locations, for a minimum review of at least
                                   twenty (20) patient charts per  meeting.
                 
                       (ii)  Low Level Supervision
                 
                             1.    I, Dr. Butters, acknowledge that if my Clinical
                                   Supervisor reports to the College that satisfactory
                                   progress has been made during the period of Moderate
                                   Level Supervision, the College may, in its discretion,
                                   reduce the degree of supervision to a low level ("Low
                                   Level Supervision"). 
                 
                             2.    I, Dr. Butters, acknowledge that during the period of
                                   Low Level Supervision, the Clinical Supervisor will
                                   meet with me  at least monthly to review a minimum of
                                   five (5) of my patient charts from each of my practice
                                   locations, for a minimum review of at least twenty (20)
                                   patient charts per  meeting.
                 
                 (b)   I, Dr. Butters, acknowledge that, in addition to the duties set out
                       above, the Clinical Supervisor will, at minimum:
                 
                       (i)   Facilitate the education program set out in the IEP attached
                             hereto as Appendix "D";
                 
                       (ii)  Select the charts to review based on the educational needs
                             identified in the IEP set out at Appendix "D" to my
                             Undertaking, as well as the areas of concern identified in
                             the Medical Inspectors' Reports, and concerns that may arise
                             during the period of Clinical Supervision;
                 
                       (iii) Observe me perform at least two (2) vasectomies in his
                             office-based practice that meet the standard of practice of
                             the profession before he is permitted to perform vasectomies
                             in his office-based practice without observation;
                 
                       (iv)  Discuss any concerns arising from the chart reviews;
                 
                       (v)   Make recommendations to me for practice improvements and
                             ongoing professional development and inquire into my
                             compliance with the recommendations; 
                 
                       (vi)  Perform any other duties, such as reviewing other documents
                             or conducting interviews with staff or colleagues, that the
                             Clinical Supervisor(s) deem necessary to my Clinical
                             Supervision; and
                 
                       (vii) Submit written reports to the College at least once every two
                             weeks during the period of moderate level supervision, and
                             monthly during the first three months during the period of
                             low level supervision with quarterly reports thereafter, or
                             more frequently if the Clinical Supervisor(s) has concerns
                             about my standard of practice.
                 
                 (c)   I, Dr. Butters, undertake to cooperate fully with the Clinical
                       Supervision of my practice, conducted under the term of this
                       Undertaking and Appendix "C" attached, and to abide by the
                       recommendations of my Clinical Supervisor(s), including but not
                       limited to, any recommended practice improvements and ongoing
                       professional development.
                 
                 (d)   I, Dr. Butters, undertake to ensure that Appendix "C" to this
                       Undertaking, is signed and delivered to the College within thirty
                       (30) days of the date I execute this Undertaking. 
                 
                 (e)   I, Dr. Butters, undertake that if a person who has given an
                       undertaking in Appendix "C" to this Undertaking is unable or
                       unwilling to continue to fulfill its provisions, I shall, within
                       twenty (20) days of receiving notice of same, obtain an executed
                       undertaking in the same form from a similarly qualified person who
                       is acceptable to the College and ensure that it is delivered to the
                       College within that time.
                 
                 (f)   I, Dr. Butters, agree that if I am unable to obtain a Clinical
                       Supervisor on the provisions set out under sections (9)(d) and/or
                       (e) above, I will cease practising medicine until such time as I
                       have obtained a Clinical Supervisor acceptable to the College.  
                 
                 (g)   I, Dr. Butters, agree that if I am required to cease practise as a
                       result of section (9)(f) above this will constitute a term,
                       condition or limitation on my certificate of registration and that
                       term, condition or limitation will be included on the public
                       register.
                 
           (10)  Professional Education  

                 (a)   I, Dr. Butters, undertake to participate in and successfully
                       complete the following professional education:
                 
                       (i)   all aspects of the detailed IEP, attached hereto as Appendix
                             "D"; and
                 
                       (ii)  any additional professional education recommended by my
                             Clinical Supervisor(s).
                 
                 (b)   I, Dr. Butters, acknowledge that a report or reports may be
                       provided to the College regarding my progress and compliance with
                       the professional education set out in section (10)(a).
                 
           (11)  Reassessment of Practice

                 (a)   I, Dr. Butters, undertake that, approximately six (6) months after
                       the completion of the Clinical Supervision set out in section (9)
                       above and Appendix "C" attached, I will submit to a Reassessment of
                       my practice ("the Reassessment") by an assessor or assessors
                       selected by the College (the "Assessor(s)").  I acknowledge and
                       agree that the Reassessment may include a chart review, direct
                       observation of my care, interviews with colleagues and co-workers,
                       feedback from patients and any other tools deemed necessary by the
                       College.
                 
                 (b)   I, Dr. Butters, undertake to co-operate fully with the
                       Reassessment, conducted under the term of this Undertaking, and to
                       abide by those recommendations of the Assessor(s) that are approved
                       by the ICR Committee. 
                 
                 (c)   I, Dr. Butters, acknowledge and agree that my Clinical
                       Supervisor(s) may receive and review the findings of the
                       Assessor(s), and may discuss with the Assessor(s) any issues or
                       concerns arising from the Reassessment.  I also acknowledge that
                       the results of the Reassessment will be provided to me and reported
                       to the College and the report may form the basis of further action
                       by the College. 
                 
                 (d)   I, Dr. Butters, understand and agree that if I am of the view that
                       any of the Assessor(s)'s recommendations are unreasonable, I will
                       have thirty (30) days following my receipt of the recommendations
                       within which to provide the College with my submissions in this
                       regard.  I further understand and agree that thereafter, the ICR
                       Committee will consider my submissions and make a determination
                       regarding whether or not the recommendations, or any of them, are
                       reasonable and if so, whether they, or any of them, constitute
                       limitations or restrictions on my practice, and that decision will
                       be provided to me.
                 
                 (e)   I, Dr. Butters, undertake that, following the decision referenced
                       in section (11)(d) above, I will abide by those recommendations of
                       the Assessor(s) that the ICR Committee has determined are
                       reasonable. 
                 
                 (f)   I, Dr. Butters, hereby consent to any of the following being
                       included on the public register as terms, conditions or limitations
                       on my certificate of registration, for the purposes of section 23
                       of the Code: 
                 
                       (i)   any recommendations of the Assessor(s) which are terms,
                             conditions or limitations on my practice;  
                 
                 
                 
                       (ii)  any recommendations of the Assessor(s) which the ICR
                             Committee has identified in its decision referenced in
                             section (8)(d) as terms, conditions or limitations on my
                             practice.
           (12)  Monitoring 

                 (a)   I, Dr. Butters, undertake to inform the College of each and every
                       location where I practise or have privileges, including, but not
                       limited to, hospital(s), clinic(s) and office(s), in any
                       jurisdiction (collectively my "Practice Location(s)"), 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. Butters, undertake that I will submit to, and not interfere
                       with, unannounced inspections of my Practice Locations and patient
                       charts by a College representative for the purposes of monitoring
                       my compliance with the provisions of this Undertaking.
                 
                 (c)   I, Dr. Butters, give my irrevocable consent to the College to make
                       appropriate enquiries of OHIP, 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. Butters, acknowledge that I have executed the OHIP consent
                       form, attached hereto as Appendix "E".
                 
           C.    ACKNOWLEDGEMENT

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

           (14)  I, Dr. Butters, 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. 

           (15)  I, Dr. Butters, 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.

           (16)  I, Dr. Butters, acknowledge that the College will provide this
                 Undertaking to any Chief of Staff, or a colleague with similar
                 responsibilities, at any Practice Location ("Chief(s) of Staff").

           (17)  I, Dr. Butters, 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.

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

           (19)  Public Register

                 (a)   I, Dr. Butters, acknowledge that, during the time period that this
                       Undertaking remains in effect, this Undertaking shall be posted on
                       the Public Register.
                 
                 (b)   I, Dr. Butters, 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 into whether Dr.
                             Butters engaged in professional misconduct and/or was
                             incompetent in his urological practice.  As a result of the
                             investigation, Dr. Butters must not perform any surgical or
                             operative procedures except vasectomies.
                 
                             Dr. Butters shall post a clearly visible sign in the waiting
                             rooms of all Practice Locations, which states as follows:
                             "Dr. Butters must not perform any surgical or operative
                             procedures except vasectomies.  Further information may be
                             found on the College of Physicians and Surgeons of Ontario
                             website at www.cpso.on.ca".
                 
           D.    CONSENT

           (20)  I, Dr. Butters, give my irrevocable consent to the College to provide all
                 Chief(s) 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.

Concerns

Source: Member
Active Date: November 16, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. David Ernest Butters to the College of Physicians and Surgeons of Ontario, effective November 16, 2017:

A College investigation was conducted into whether Dr. Butters engaged in professional misconduct and/or was incompetent in his urological practice. As a result of the investigation, Dr. Butters must not perform any surgical or operative procedures except vasectomies.

Dr. Butters shall post a clearly visible sign in the waiting rooms of all Practice Locations, which states as follows: “Dr. Butters must not perform any surgical or operative procedures except vasectomies. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca”.