Marks, Cyril Philip (CPSO#: 17079)

Current Status: Active Member as of 28 Jun 2012

CPSO Registration Class: Restricted as of 28 Feb 2012

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English, Yiddish

Education:University of Toronto, 1958

Practice Information

Primary Location of Practice
115 Doris Avenue
North York ON  M2N 4T2
Phone: (416) 226-6884
Fax: (416) 512-6872
Electoral District: 10

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 30 Jun 1959
Transfer of class of certificate to: Restricted certificate Effective: 28 Feb 2012
Terms and conditions imposed on certificate by Discipline Committee Effective: 28 Feb 2012
Suspension of registration imposed: Discipline Committee Effective: 28 Feb 2012
Suspension of registration removed Effective: 28 Jun 2012

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Discipline Committee Effective: 28 Feb 2012 Active View Details [+]
            As from 11:59 p.m., February 28, 2012, 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. Cyril Philip Marks:

            a.    Dr. Marks shall install and maintain a video monitoring system approved
                  by the College and ensure all encounters with female patients are
                  recorded and maintained in a manner acceptable to the College.  This
                  shall include:

                  i.    installing video cameras in the waiting room area of his office so
                        as to ensure that video coverage of the entire waiting room, with
                        the date and time, is recorded at all times that Dr. Marks' office
                        is open; 
                  
                  ii.   installing video cameras in the office where Dr. Marks conducts
                        patient appointments, so as to ensure that video and audio coverage
                        of the entire office, with the date and time, is recorded at all
                        times that Dr. Marks sees female patients;
                  
                  iii.   maintaining the recordings specified above in a viewable format
                        (with audio in the case of recordings in Dr. Marks' office)
                        acceptable to the College for a minimum period of ten years
                        following the last patient encounter, or longer if requested by the
                        College;
                  
                  iv.   producing a recording in a viewable format (with audio) when
                        requested by the College; 
                  
                  v.    maintaining a female patient log in a form approved by the College,
                        in which each female patient will  indicate her name, the time of
                        her arrival and the time of her departure (the "Female Patient
                        Log");
                  
                  vi.   providing a copy of the Female Patient Log to the College on a
                        monthly basis, and maintaining the original Female Patient Log;
                  
                  vii.  ensuring appropriate consent is obtained from each female patient
                        for video monitoring and the storage of recordings prior to
                        providing treatment, and if a female patient's consent is not
                        obtained, refraining from providing treatment to her.
                  
            b.    Dr. Marks shall participate in and successfully complete a program in
                  medical ethics facilitated by the College within one year of the date of
                  this Order;

            c.    Dr. Marks shall participate in and successfully complete the next
                  available course regarding boundary issues and risks inherent in the
                  doctor-patient relationship approved by the College;


            d.    Dr. Marks shall provide a written notice to each female patient he sees
                  in a form acceptable to the College advising them of this Order and the
                  findings in this proceeding, appending a copy of the Decision and Reasons
                  when released, and advising the patient  that the College may contact
                  them to inquire about their treatment by Dr. Marks.  Dr. Marks shall
                  ensure before providing treatment to a female patient that she signs this
                  written notice to acknowledge she has reviewed the Order and Decisions
                  and Reasons (when released), and Dr. Marks shall keep this signed
                  document in the corresponding patient file;

            e.    Dr. Marks shall post a sign acceptable to the College in a clearly
                  visible location in his office indicating that all female patient
                  encounters are video monitored by Order of the College;  

            f.    Dr. Marks shall provide his irrevocable consent to the College to make
                  appropriate inquiries of the Ontario Health Insurance Plan and/or any
                  person or institution that may have relevant information in order for the
                  College to monitor compliance with the terms of this Order; 

            g.    Dr. Marks shall cooperate with unannounced inspections of his practice
                  and records and any other step the College may require for the purposes
                  of monitoring and enforcing compliance with the terms of this Order.

Previous Discipline Hearings

Committee: Discipline
Decision Date: 27 Feb 2012
Summary:

On February 27, 2012, the Discipline Committee found that Dr. Cyril Philip Marks committed an 
act of professional misconduct, in that he engaged in the sexual abuse of a patient. 
 
PATIENT A 
Patient A was a patient of Dr. Marks in 2008 and attended about seven appointments at his 
office.  They hugged at the end of a session.  The second time they hugged, Dr. Marks held the 
embrace and kissed Patient A on the forehead.  Towards the end of Patient A's last session with 
Dr. Marks, Patient A and Dr. Marks were discussing her request for a doctor's note, so that she 
would not have to go back to work.  Dr. Marks questioned whether he was comfortable 
providing her with such a note.  He stated that he was leaning towards it but was unsure.  Dr. 
Marks then wheeled his chair towards Patient A, took both of her hands in his, and said that he 
liked who she was.  Patient A was uncomfortable and leaned away.  After about 2-3 minutes 
Dr. Marks let go of her hands and returned to his desk.  After further discussion, Patient A got 
up to leave.  Dr. Marks and Patient A hugged.  Dr. Marks held the embrace and stated that he 
could stay there forever.  Patient A was uncomfortable and pulled back, but Dr. Marks still held 
her and proceeded to kiss her on the lips more than once. 
 
PATIENT B 
Patient B was a patient of Dr. Marks in approximately 1996-1997 and had about six-seven 
appointments with Dr. Marks.  By the end of about the second session, Dr. Marks began 
hugging Patient B at the end of her appointments.  At Patient B's last appointment, when she 
stood up to leave and had gathered her things, Dr. Marks gave Patient B a hug that lingered, and 
then gave her a big kiss on the lips.   He then looked at her, and Patient B had the sense that he 
was trying to gauge her reaction. 
 
PATIENT C 
Patient C was a patient of Dr. Marks in 2003.  Dr. Marks hugged Patient C at the end of her 
sessions with him.  During Patient C's last few sessions with Dr. Marks, Dr. Marks held the 
embrace at the end of the sessions.   He would then kiss her on the lips.   She communicated her 
discomfort, but Dr. Marks continued to hug and kiss her at the end of her next session. 
 
Therefore, the Discipline Committee ordered and directed that: 
 
1.    the Registrar suspend Dr. Marks's certificate of registration for a four month period, to 
      commence 11:59 p.m. on February 28, 2012.  
 
2.    the Registrar impose the following terms, conditions and limitations on Dr. Marks' 
      certificate of registration: 
 
      a.    Dr. Marks shall install and maintain a video monitoring system approved by the 
            College and ensure all encounters with female patients are recorded and 
            maintained in a manner acceptable to the College.  This shall include: 
 
       
 
      i.    installing video cameras in the waiting room area of his office so as to 
            ensure that video coverage of the entire waiting room, with the date and 
            time, is recorded at all times that Dr. Marks' office is open;  
              
      ii.   installing video cameras in the office where Dr. Marks conducts patient 
            appointments, so as to ensure that video and audio coverage of the entire 
            office, with the date and time, is recorded at all times that Dr. Marks sees 
            female patients; 
              
      iii.   maintaining the recordings specified above in a viewable format (with 
            audio in the case of recordings in Dr. Marks' office) acceptable to the 
            College for a minimum period of ten years following the last patient 
            encounter, or longer if requested by the College; 
              
      iv.   producing a recording in a viewable format (with audio) when requested 
            by the College;  
              
      v.    maintaining a female patient log in a form approved by the College, in 
            which each female patient will   indicate her name, the time of her arrival 
            and the time of her departure (the "Female Patient Log"); 
              
      vi.   providing a copy of the Female Patient Log to the College on a monthly 
            basis, and maintaining the original Female Patient Log; 
              
      vii.  ensuring appropriate consent is obtained from each female patient for 
            video monitoring and the storage of recordings prior to providing 
            treatment, and if a female patient's consent is not obtained, refraining from 
            providing treatment to her. 
              
b.    Dr. Marks shall participate in and successfully complete a program in medical 
      ethics facilitated by the College within one year of the date of this Order; 
              
c.    Dr. Marks shall participate in and successfully complete the next available course 
      regarding boundary issues and risks inherent in the doctor-patient relationship 
      approved by the College; 
              
d.    Dr. Marks shall provide a written notice to each female patient he sees in a form 
      acceptable to the College advising them of this Order and the findings in this 
      proceeding, appending a copy of the Decision and Reasons when released, and 
      advising the patient   that the College may contact them to inquire about their 
      treatment by Dr. Marks.  Dr. Marks shall ensure before providing treatment to a 
      female patient that she signs this written notice to acknowledge she has reviewed 
      the Order and Decisions and Reasons (when released), and Dr. Marks shall keep 
      this signed document in the corresponding patient file; 
              
      e.    Dr. Marks shall post a sign acceptable to the College in a clearly visible location 
            in his office indicating that all female patient encounters are video monitored by 
            Order of the College;    
 
      f.    Dr. Marks shall provide his irrevocable consent to the College to make 
            appropriate inquiries of the Ontario Health Insurance Plan and/or any person or 
            institution that may have relevant information in order for the College to monitor 
            compliance with the terms of this Order;  
 
      g.    Dr. Marks shall cooperate with unannounced inspections of his practice and 
            records and any other step the College may require for the purposes of monitoring 
            and enforcing compliance with the terms of this Order; and 
 
      h.    Dr. Marks shall be solely responsible for all fees, costs and expenses associated 
            with his compliance with the terms of this Order. 
 
3.    Dr. Marks appear before the panel to be reprimanded. 
 
4.    Dr. Marks shall within 30 days pay the College its costs of this proceeding in the amount 
      of $3,650.00. 

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): February 27, 2012