MacNeil, Gerard Michael (CPSO#: 57095)

Current Status: Expired: Failure to Renew Membership as of 11 Aug 2016

CPSO Registration Class: None as of 11 Aug 2016

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:The University of Western Ontario, 1986

Practice Information

Primary Location of Practice
Practice Address Not Available

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 16 Jun 1986
Expired: Terms and conditions of certificate of registration Expiry: 21 Aug 1987
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 23 Sep 1987
Transfer of class of certificate to: Restricted certificate Effective: 21 Nov 2008
Terms and conditions amended Effective: 15 Oct 2010
Suspension of registration imposed: Discipline Committee Effective: 20 Dec 2010
Suspension of registration removed Effective: 17 Feb 2011
Expired: Failure to Renew Membership Expiry: 11 Aug 2016

Previous Hearings

Committee: Discipline
Decision Date: 20 Dec 2016
Summary:

On December 20, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario 
found that Dr. Gerard Michael MacNeil committed an act of professional misconduct in that he has been 
found guilty of an offence that is relevant to his suitability to practice; and 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. MacNeil, a general practitioner, practised in Dorchester, Ontario.  
 
On March 5, 2010, Dr. MacNeil was criminally charged with defrauding the Ontario Health Insurance 
Plan (OHIP) of $483,915.65 for services not rendered between April 2007 and July 2008, contrary to 
Section 380(1)(a) of the Criminal Code of Canada. 
 
On October 21, 2013, Dr. MacNeil pleaded guilty in the Ontario Court of Justice and was found guilty of 
the following provincial offences under the Health Insurance Act: 
   1. failing to maintain records as may be necessary to demonstrate that a service for which he 
      prepares or submits an account is the service that he provided, contrary to section 37.1(2) of the 
      Health Insurance Act, and thereby committed an offence pursuant to section 44 of that Act;  
   2. Between April 2, 2007 and June 18, 2009, knowingly obtaining or attempting to obtain payment 
      for any insured service that he was not entitled to obtain, contrary to Section 43(1) of the Health 
      Insurance Act and thereby committed an offence pursuant to section 44 of the said Act. 
 
Dr. MacNeil’s convictions were made in the place of Criminal Code charges, and relate to the periods 
from April 1, 2007 to July 10, 2009, and April 2, 2007 to June 18, 2009, respectively.   
 
Further to his guilty plea and conviction, Dr. MacNeil was ordered to pay a fine of $10,000.00 within 24 
months, and to make restitution in the amount of $380,000.00 to the Ministry of Health and Long Term 
Care at the rate of not less than $5,000.00 per month.   
 
Despite having been criminally charged with defrauding OHIP under the Criminal Code of Canada on 
March 5, 2010, Dr. MacNeil answered “No” on May 30, 2010 to Question F. 4) in the College’s 2010 
Registration Renewal Form, received by the College on June 1, 2010.  Question F. 4) asks: 
“Since April 1, 2009, have you been charged with any offence in Canada or elsewhere, the facts of which 
you have not previously disclosed to the College? (Include all offences under the Criminal Code of 
Canada, the Controlled Drugs and Substances Act, the Food and Drugs Act or the Health Insurance Act or 
related legislation in any Province or jurisdiction.  In addition, include any other offences related to the 
practice of medicine.)” 
 
PENALTY 
 
The Discipline Committee directed that there be no penalty.

Decision: Download Full Decision (PDF)
Hearing Date(s): December 20, 2016


Committee: Discipline
Decision Date: 15 Dec 2010
Summary:

On December 15, 2010, the Discipline Committee found that Dr. Gerard Michael MacNeil 
committed an act of professional misconduct in that he failed to maintain the standard of practice 
of the profession, and that he engaged in conduct or an act or acts 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. MacNeil failed to identify red flags in his narcotic prescribing practices (such as risk of abuse 
or dependence) and inappropriately prescribed high quantities of narcotic medications with too 
many repeats. Dr. MacNeil also failed to match his prescribing of narcotic medications to 
patients' specific circumstances, resulting in decreased monitoring of patients with respect to 
patterns of use, compliance, or specific risks. Dr. MacNeil failed to adequately record patient 
information and failed to provide his reasons for ordering tests and changing medications. Dr. 
MacNeil also prescribed medication to a patient's girlfriend without carrying out a medical 
examination on the girlfriend. With respect to conduct, Dr. MacNeil terminated a 
physician-patient relationship in a disgraceful and unprofessional manner, and sent an 
unprofessional communication in respect of a patient. Dr. MacNeil failed to forward a patient's 
chart and complete tax forms in a timely manner, and also failed to appropriately manage and 
schedule patient appointments. 
 
The Discipline Committee ordered and directed that: 
 
1.    Dr. MacNeil appear before the panel to be reprimanded. 
 
2.    The Registrar suspend Dr. MacNeil's certificate of registration for a period of two (2) 
      months (60 days) commencing at 12:01 a.m. on December 20, 2010. 
 
3.    The Registrar impose the following specified terms, conditions and limitations on Dr. 
      MacNeil's certificate of registration for an indefinite period or for the specified periods of 
      time set out herein: 
 
      (a)   Dr. MacNeil shall, before resuming practice, retain a College-approved clinical 
            supervisor, who will sign an undertaking in the form attached hereto as Schedule 
            "A" (the "Clinical Supervisor").  For a period of twelve (12) months commencing 
            on the day that he returns to practice after the suspension, Dr. MacNeil may 
            practice only under the supervision of the Clinical Supervisor and will abide by all 
            recommendations of his Clinical Supervisor with respect to his practice, including 
            but not limited to his record-keeping and practice/office management.  The 
            requirement to abide by the recommendations of the clinical supervisor shall 
            continue past the term of clinical supervision; 
  
      (b)   Within approximately six (6) months after the completion of the period of 
            supervision, Dr. MacNeil shall undergo a re-assessment of his clinical practice by 
            a College-appointed assessor (the "Assessor").  This assessment will be directed 
            to determining if Dr. MacNeil is in compliance with this Order, and whether or 
            not Dr. MacNeil's practice is below the standard of practice of the profession.  
            The assessment by the Assessor will include a review of Dr. MacNeil's office 
            charts; direct observation of Dr. MacNeil's practice; interviews with staff and/or 
            patients; and assessment and treatment of standardized patients through an 
            educational facility.  Dr. MacNeil shall abide by all recommendations made by 
            the Assessor.  To facilitate the re-assessment, the Clinical Supervisor will share 
            relevant information with the Assessor for the purpose of the re-assessment.  The 
            Assessor shall report the results of this assessment to the College.  
 
      (c)   Dr. MacNeil shall cooperate with unannounced inspections of his practice and 
            patient charts by a College representative(s) for the purpose of monitoring and 
            enforcing his compliance with the terms of this Order. 
 
      (d)   Dr. MacNeil shall not issue new prescriptions or renew existing prescriptions for 
            any of the following substances as set out in the Regulations, as amended from 
            time to time: 
 
            i.    Narcotic Drugs from the Narcotic Control Regulations made under the 
                  Controlled Drugs and Substances Act, S.C., 1996, c. 19; 
 
            ii.   Narcotic Preparations from the Narcotic Control Regulations made under 
                  the Controlled Drugs and Substances Act, S.C., 1996, c. 19; 
 
            iii.  Controlled Drugs from Schedule G of the Regulations under the Food and 
                  Drugs Act, S.C., 1985, c. F-27; or 
 
            iv.   Benzodiazepines/Other Targeted Substances from the Benzodiazepines 
                  and Other Targeted Substances Regulations made under the Controlled 
                  Drugs and Substances Act., S.C., 1996, c. 19. 
 
            A Summary of Narcotics, Narcotic Preparations, Controlled Drugs, and 
            Benzodiazepines/Targeted Substances taken from Appendix I to the Compendium 
            of Pharmaceuticals and Specialties (CPS) (reviewed by Health Canada) is at 
            Schedule "B" [to the Order] and Current Regulatory Lists are at Schedule "C" [to 
            the Order]; 
 
      (e)   Dr. MacNeil shall be responsible for any and all costs associated with 
            implementing the terms of this Order, with the exception of paragraph 3(c).  
 
4.    Dr. MacNeil pay to the College costs in the amount of $3650.00 within 60 days of the 
      date of this Order.  
 
 

Appeal: No Appeal
Hearing Date(s): December 15, 2010

Concerns

Source: Member
Active Date: December 14, 2016
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Gerard Michael MacNeil to the College of Physicians and Surgeons of Ontario, effective December 14, 2016:

Dr. MacNeil was referred to the Discipline Committee on allegations of professional misconduct. In the face of these allegations, Dr. MacNeil resigned from the College and has agreed never to apply or reapply for registration as a physician in Ontario or any other jurisdiction.
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