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Clottey, Clarence Edwin

CPSO#: 87620

MEMBER STATUS
Active Member as of 10 Jan 2021
CURRENT OR PAST CPSO REGISTRATION CLASS
Restricted as of 18 Aug 2016

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: Akan, English, French, Ga

Education: Univ of Ghana, 1986

Practice Information

Primary Location of Practice
Bristol Family Physicians
Suite 102
2315 Bristol Circle
Oakville ON  L6H 6P8
Phone: (905) 287-2035
Fax: (905) 287-2036 Electoral District: 04

Professional Corporation Information


Corporation Name: Clarence Clottey Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Nov 07 2016

Shareholders:
Dr. C. Clottey ( CPSO# 87620 )

Business Address:
Bristol Family Physicians
102 - 2315 Bristol Circle
Oakville ON  L6J 6P8
Phone Number: (905) 287-2035

Specialties

Specialty Issued On Type
Family Medicine Effective:09 Dec 2009 CFPC Specialist
Public Health and Preventive Medicine Effective:19 Jun 2013 RCPSC Specialist

Postgraduate Training

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



University of Toronto, 04 Sep 2007 to 26 Nov 2007
AVP - Community Medicine

University of Toronto, 27 Nov 2007 to 03 Sep 2008
PostGrad Yr 1 - Community Medicine

University of Toronto, 04 Sep 2008 to 03 Sep 2009
PostGrad Yr 2 - Community Medicine

University of Toronto, 04 Sep 2009 to 03 Sep 2010
PostGrad Yr 4 - Community Medicine

University of Toronto, 04 Sep 2010 to 30 Jun 2011
PostGrad Yr 5 - Community Medicine

University of Toronto, 01 Jul 2011 to 08 Jun 2012
PostGrad Yr 5 - Community Medicine

Registration History

Action Issue Date
First certificate of registration issued: Pre Entry Assessment Program Certificate Effective: 04 Sep 2007
Transfer of class of registration to: Postgraduate Education Certificate Effective: 27 Nov 2007
Transfer of class of registration to: Independent Practice Certificate Effective: 26 Jan 2010
Transfer of class of certificate to: Restricted certificate Effective: 18 Aug 2016
Terms and conditions imposed on certificate by member Effective: 18 Aug 2016
Terms and conditions amended by Inquiries, Complaints and Reports Committee Effective: 25 Feb 2017
Terms and conditions amended by Inquiries, Complaints and Reports Committee Effective: 14 Apr 2017
Terms and conditions amended by Discipline Committee Effective: 10 Jan 2020
Terms and conditions amended by Discipline Committee Effective: 10 Jan 2020
Suspension of registration imposed: Discipline Committee Effective: 10 Jan 2020
Suspension of registration removed Effective: 10 Jan 2021

Pending Hearings

Summary:

Allegations of Dr. Clottey’s professional misconduct have been referred to the Ontario Physicians and Surgeons Discipline Tribunal.  It is alleged that in January 2023, Dr. Clottey performed a breast and pelvic examination on a patient contrary to the terms conditions and limitations imposed by Order of the Discipline Tribunal made on January 10, 2020; and that Dr. Clottey made an inappropriate comment to a patient regarding their pelvic area and failed to respond appropriately when the patient expressed discomfort.

Notice of Hearing: Download Full Notice (PDF)

Practice Restrictions

Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 10 Jan 2021 Active
 As from January 10, 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. Clarence
            Edwin Clottey:

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

            (ii)  Dr. Clottey shall complete the Saegis course on professionalism and
                  communications (or other similar course approved by the College) within
                  six (6) months from the date of this Order, at his own expense, by
                  receiving a passing evaluation or grade, without any condition or
                  qualification.  Dr. Clottey 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;

            (iii) Dr. Clottey shall not conduct breast, pelvic or rectal examinations of
                  any patient;

            (iv)  Dr. Clottey shall provide a referral to another physician for any patient
                  who seeks and/or may in his judgment require a breast, pelvic, or rectal
                  examination and shall record the referral and reasons for referral in the
                  patient's chart; 

            (v)   Dr. Clottey shall post a sign in all waiting rooms, examination rooms,
                  and consultation rooms in each and every location where he practises, in
                  any jurisdiction (collectively "Practice Location(s)"), in a clearly
                  visible and secure location  in the form set out in Schedule "A", that
                  states: 

                  "Dr. Clottey shall not conduct breast, pelvic, or rectal examinations of
                  any patient for any reason.
                  
                  Dr. Clottey shall provide a referral to another physician for any patient
                  who seeks and/or may in his judgment require a breast, pelvic, or rectal
                  examination.
                  
                  Further information may be found on the College website at
                  www.cpso.on.ca"
                  
            (vi)  Dr. Clottey shall inform the College of each of his Practice Location(s)
                  within fifteen (15) days of this Order and shall inform the College of
                  any and all new Practice Locations within fifteen (15) days of commencing
                  practice at that location;

            (vii) Dr. Clottey shall consent to the College making enquiries of the Ontario
                  Health Insurance Program, the Narcotics Monitoring System and/or any
                  person or institution that may have relevant information, in order for
                  the College to monitor his compliance with this Order and shall promptly
                  sign such consents as may be necessary for the College to obtain
                  information from these persons or institutions;

            (viii)Dr. Clottey shall co-operate with unannounced inspections of his office
                  practice and patient charts by the College for the purpose of monitoring
                  and enforcing his compliance with the terms of this Order;

            (ix)  Dr. Clottey shall notify any employer, or any hospital at which he may
                  have privileges, about this Order;

            (x)   Dr. Clottey shall be responsible for any and all costs associated with
                  implementing the terms of this Order.


Previous Hearings

Committee: Discipline
Decision Date: 10 Jan 2020
Summary:

On January 10, 2020, on the basis of uncontested facts and a plea of no contest, the Discipline Committee found that Dr. Clarence Edwin Clottey committed an act of professional misconduct, in 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.

Dr. Clottey is a 59-year-old physician who practices family medicine in Oakville, Ontario. He received his certificate of independent practice in 2010. At all relevant times, Dr. Clottey practiced at Bristol Family Physicians in Oakville, Ontario.

In 2016, Dr. Clottey was arrested and charged with six counts of sexual assault contrary to section 271 of the Criminal Code of Canada, in relation to six of the seven patients on the Notice of Hearing, dated February 8 and, May 17, 2017, and October 24, 2018.

Between November 2017 and July 2018, a four-week criminal trial took place in the Ontario Court of Justice in Halton. The six patients testified at the criminal trial, as did Dr. Clottey and three expert witnesses, the latter testifying about the appropriateness of various medical examinations carried out by Dr. Clottey. In an oral judgment delivered on July 12, 2018, followed by a written decision on August 7, 2018, Justice Stephen D. Brown acquitted Dr. Clottey on all counts.

The six patients from the criminal trial and one additional patient all complained to the College about Dr. Clottey.

DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT

Patient A

Dr. Clottey was Patient A’s family physician between approximately October 2014 and June 2016. Patient A attended medical appointments with Dr. Clottey at his office at Bristol Family Physicians. Patient A was in her late 40’s at the time of the appointments.

Over the years, Patient A had multiple physical examinations from Dr. Clottey including a full physical examination in February 2015.

In June 2016, Patient A attended Dr. Clottey’s office for a pre-booked annual physical examination. Patient A undressed and changed into a gown.

Dr. Clottey did not have a chaperone in attendance during the examination.

During the breast examination, Dr. Clottey examined and applied pressure to Patient A’s nipples. Patient A did not understand the purpose of this type of examination or expect this type of examination. After he examined Patient A’s nipples, Dr. Clottey told her that he was looking for discharge.

Prior to conducting the breast examination of this patient, Dr. Clottey:

- Failed to explain to Patient A the rationale for the application of pressure to the nipples;

- Failed to explain what the examination would involve, specifically failing to explain to her that part of his examination including applying pressure to the nipples to check for discharge; and

- Failed to obtain Patient A’s informed consent before proceeding with the examination.

During the internal examination, Dr. Clottey’s thumb made contact with Patient A’s clitoris. Patient A found this uncomfortable and told Dr. Clottey to stop touching her clitoris. Dr. Clottey removed his thumb and apologized. Dr. Clottey conducted the internal examination in a careless manner and failed to show sensitivity to his patient by allowing his thumb to make contact with Patient A’s clitoris.

Dr. Clottey’s method in conducting the internal examination was overly long, causing
Patient A to experience distress and pain.

At the end of the examination, Dr. Clottey stayed in the examination room while Patient A got dressed. Although he was not looking at her and was writing his notes, Patient A was nervous and stressed that Dr. Clottey remained in the room.

Patient A did not return to see Dr. Clottey after this appointment.

Patient A experienced significant distress due to the absence of a chaperone, Dr. Clottey’s failure to explain or obtain informed consent for the application of pressure to Patient A’s nipples and his failure to show sensitivity and care in his thumb positioning during the internal examination.

Patient B

Patient B saw Dr. Clottey on two occasions in 2012 when she attended for medical appointments with him at his office at Bristol Family Physicians. Patient B was in her late 30’s at the time of the appointments.

Patient B’s initial appointment with Dr. Clottey was a “meet and greet” that took place
in October 2012. There was no physical examination done at this appointment. During
this appointment, Dr. Clottey told Patient B to schedule a physical examination with him which would include a Pap test and breast examination. Patient B asked Dr. Clottey whether a female physician could conduct the Pap and breast examinations as she would feel more comfortable. Dr. Clottey responded dismissively, stating, “we’re all the same”. Dr. Clottey’s reaction made Patient B feel ashamed for suggesting she preferred a female physician for the Pap and breast examination. She agreed to proceed with Dr. Clottey and enrolled as a patient in Dr. Clottey’s practice.

At Patient B’s next and last appointment on December 15, 2012, Dr. Clottey conducted a physical examination of Patient B including a Pap test, an internal examination and a breast examination. Patient B felt uncomfortable during the appointment because there was no chaperone present in the room.

During the breast examination, Dr. Clottey examined and applied pressure to Patient B’s nipples to look for discharge. Patient B did not understand the purpose of the examination or expect this type of examination.

Prior to conducting the breast examination of this patient, Dr. Clottey:

- Failed to explain to Patient B the rationale for the application of pressure to the nipple;

- Failed to explain what the exam would involve, specifically failing to explain to her that part of his examination including applying pressure to the nipples to check for discharge; and

- Failed to obtain Patient B’s informed consent before proceeding with the examination.

As a result of Dr. Clottey’s conduct, Patient B felt confused and violated. She did not return to see Dr. Clottey again and did not obtain her Pap test results.

Patient C

Patient C was a patient of Dr. Clottey between approximately 2012 and 2013. Patient C attended medical appointments with Dr. Clottey at his office at Bristol Family Physicians. Patient C was in her late 20’s at the time of the appointments.

In April 2013, Patient C attended for an appointment with Dr. Clottey for a physical examination which included a breast examination and internal examination. She undressed and changed into a gown prior to Dr. Clottey entering the exam room.

Dr. Clottey did not have a chaperone in attendance during the examination.

Prior to conducting the breast examination of this patient, Dr. Clottey:

- Failed to explain to Patient C the specific rationale for the breast examination;

- Failed to explain what the exam would involve; and

- Failed to obtain Patient C’s informed consent before proceeding with the examination.

During the internal examination, Dr. Clottey’s thumb made contact with Patient C’s clitoris. Patient C found this uncomfortable and confusing. Dr. Clottey conducted the internal examination in a careless manner and failed to show sensitivity to his patient by allowing his thumb to make contact with Patient C’s clitoris.

Patient E

Dr. Clottey was Patient E’s family physician for approximately four and a half years, between 2012 and 2017. Patient E attended medical appointments with Dr. Clottey at his officeat Bristol Family Physicians, seeing him about twenty times in total. Patient E was in her early 40’s at the time of the appointments.

Dr. Clottey conducted annual physical examinations of Patient E which included breast and internal examinations. Patient E would undress and wear a gown prior to Dr. Clottey entering the examination room.

Dr. Clottey did not have a chaperone in attendance during these examinations.

During her first annual physical examination with Dr. Clottey, Dr. Clottey examined and
applied pressure to Patient E’s nipples to check for discharge. Patient E did not understand the purpose of the examination or expect this type of examination.

Prior to conducting the breast examination of this patient, Dr. Clottey:

- Failed to explain to Patient E the rationale for the application of pressure to the nipples;

- Failed to explain what the examination would involve, specifically failing to explain to her that part of his examination including applying pressure to the nipples to check for discharge; and

- Failed to obtain Patient E’s informed consent before proceeding with the examination.

During a number of internal examinations, Dr. Clottey’s thumb made contact with Patient E’s clitoris. This made Patient E very uncomfortable. Dr. Clottey conducted the internal examinations in a careless manner and failed to show sensitivity to his patient in allowing his thumb to make contact with Patient E’s clitoris.

As a result of Dr. Clottey’s conduct, Patient E felt shocked and upset. However, Patient E continued to see Dr. Clottey for her care as he was treating her for other health concerns and she did not want to start all over with another physician.

Patient F

Dr. Clottey was Patient F’s family physician between July 2015 and January 2016. Patient F attended medical appointments with Dr. Clottey at his office at Bristol Family Physicians. Patient F was approximately 30 years old at the time of these appointments.

Patient F first met Dr. Clottey in July 2015 for a “meet and greet”. She had a couple of
subsequent appointments to obtain prescriptions and for a post-natal follow-up visit.

In December 2015, Patient F attended for an appointment with Dr. Clottey for a full physical examination. A nurse provided Patient F with a gown. Patient F removed all her clothing and put on the gown prior to Dr. Clottey entering the exam room.

Dr. Clottey did not have a chaperone in attendance during the examination.

At this appointment, Patient F discussed with Dr. Clottey that she thought she had hemorrhoids after having recently given birth. Dr. Clottey conducted a physical examination of Patient F including an internal examination and rectal examination. Patient F expected a rectal examination, following discussion of hemorrhoids, but did not expect the internal examination and was uncomfortable and surprised when he began to conduct an internal examination.

Prior to conducting the internal examination of this patient, Dr. Clottey:

- Failed to advise Patient F that he was going to conduct the examination;

- Failed to explain to Patient F the rationale for the examination;

- Failed to explain what the examination would involve; and

- Failed to obtain Patient F’s informed consent before proceeding with the examination.

Patient F felt that the examination was unnecessarily long and this caused her to be
upset.

During the rectal examination, Dr. Clottey’s thumb made contact with Patient F’s clitoris. Patient F found this confusing. Dr. Clottey conducted the rectal examination in a careless manner and failed to show sensitivity to his patient in allowing his thumb to make contact with Patient F’s clitoris during the rectal examination without any explanation.

Patient F had concerns about what occurred in the December appointment. She returned for one more appointment with Dr. Clottey in January 2016 to obtain results from a test, but ultimately did not see him. Patient F told someone at Dr. Clottey’s reception that she would no longer be Dr. Clottey’s patient.


PENALTY

Counsel for the College and counsel for Dr. Clottey made a joint submission as to an appropriate penalty and costs order.

DISPOSITION
 
On January 10, 2020, the Discipline Committee ordered that:

- Dr. Clottey attend before the panel to be reprimanded.

- The Registrar suspend Dr. Clottey’s certificate of registration for a period of twelve (12) months, commencing immediately.

- The Registrar place the following terms, conditions and limitations on Dr. Clottey’s certificate of registration:

(i) Dr. Clottey shall comply with the College Policy “Closing a Medical Practice;”

(ii) Dr. Clottey shall complete the Saegis course on professionalism and communications (or other similar course approved by the College) within six (6) months from the date of the Order, at his own expense, by receiving a passing evaluation or grade, without any condition or qualification. Dr. Clottey 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;

(iii) Dr. Clottey shall not conduct breast, pelvic or rectal examinations of any patient;

(iv) Dr. Clottey shall provide a referral to another physician for any patient who seeks and/or may in his judgment require a breast, pelvic, or rectal examination and shall record the referral and reasons for referral in the patient’s chart;

(v) Dr. Clottey shall post a sign in all waiting rooms, examination rooms, and consultation rooms in each and every location where he practises, in any jurisdiction (collectively “Practice Location(s)”), in a clearly visible and secure location in the form set out in Schedule A of the Order, that states:

“Dr. Clottey shall not conduct breast, pelvic, or rectal examinations of any patient
for any reason.

Dr. Clottey shall provide a referral to another physician for any patient who seeks
and/or may in his judgment require a breast, pelvic, or rectal examination.

Further information may be found on the College website at www.cpso.on.ca”

(vi) Dr. Clottey shall inform the College of each of his Practice Location(s) within fifteen (15) days of the Order and shall inform the College of any and all new Practice Locations within fifteen (15) days of commencing practice at that location;

(vii) Dr. Clottey shall consent to the College making enquiries of the Ontario Health Insurance Program , the Narcotics Monitoring System and/or any person or institution that may have relevant information, in order for the College to monitor his compliance with the Order and shall promptly sign such consents as may be necessary for the College to obtain information from these persons or institutions;

(viii) Dr. Clottey shall co-operate with unannounced inspections of his office practice and patient charts by the College for the purpose of monitoring and enforcing his compliance with the terms of the Order;

(ix) Dr. Clottey shall notify any employer, or any hospital at which he may have privileges, about the Order;

(x) Dr. Clottey shall be responsible for any and all costs associated with implementing the terms of the Order.

-Dr. Clottey pay costs to the College in the amount of $6,000.00 within 30 days of the date of this Order.

At the conclusion of the hearing, Dr. Clottey waived his right to an appeal under subsection 70(1) of the Code and the Committee administered the public reprimand.
 
 


Decision: Download Full Decision (PDF)
Hearing Date(s): January 10, 2020 9:00 a.m. to 12:00 p.m.