Powell, Gerald Wayne (CPSO#: 54374)

Current Status: Active Member as of 10 May 2017

CPSO Registration Class: Restricted as of 03 Feb 2014

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Ottawa, 1984

Practice Information

Primary Location of Practice
339 Gilmour St
Ottawa ON  K2P 0R1
Phone: 613-594-0055
Electoral District: 07

Specialties

Specialty Issued On Type
Psychiatry Effective: 14 Nov 1989 RCPSC Specialist

Post Graduate Training

Please note: This information may not be a complete record of post-graduate training.

University of Ottawa, 01 Jul 1984 to 30 Jun 1985
Other - Rotating Internship

University of Ottawa, 01 Jul 1985 to 30 Jun 1986
Resident 1 - Psychiatry

University of Ottawa, 01 Jul 1986 to 30 Jun 1987
Resident 2 - Psychiatry

University of Ottawa, 01 Jul 1987 to 30 Jun 1988
Resident 3 - Psychiatry

University of Ottawa, 01 Jul 1988 to 30 Jun 1989
Resident 3 - Psychiatry

University of Ottawa, 01 Jul 1989 to 30 Jun 1990
Resident 4 - Psychiatry

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1984
Transfer of class of registration to: Independent Practice Certificate Effective: 30 Apr 1987
Transfer of class of certificate to: Restricted certificate Effective: 03 Feb 2014
Terms and conditions imposed on certificate Effective: 03 Feb 2014
Suspension of registration imposed: Discipline Committee Effective: 03 Feb 2014
Suspension of registration removed Effective: 03 Nov 2014
Terms and conditions amended by Discipline Committee Effective: 10 Jan 2017
Suspension of registration imposed: Discipline Committee Effective: 10 Jan 2017
Suspension of registration removed Effective: 10 May 2017

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Discipline Committee Effective: 10 Jan 2017 Active View Details [+]
            As from 11:59 a.m., January 10, 2017, 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. Gerald Wayne Powell:

            (a)   Prior to resuming practice after the period of suspension of his
                  certificate of registration, Dr. Powell shall 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, Dr. Powell 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 practice improvements, practice management, and continuing
                  education.  The period of Clinical Supervision will commence on the
                  expiry of the period of suspension, or on the date that the Clinical
                  Supervisor is approved, if one is not approved during the period of
                  suspension;

            (b)   If, prior to completion of Clinical Supervision, the Clinical Supervisor
                  is unable or unwilling to continue in that role for any reason, Dr.
                  Powell shall retain a new College-approved Clinical Supervisor who will
                  sign an undertaking in the form attached hereto as Schedule "A".  If Dr.
                  Powell fails to retain a Clinical Supervisor on the terms set out above
                  within thirty (30) days of receiving notification that his former
                  Clinical Supervisor is unable or unwilling to continue in that role, he
                  shall cease practicing medicine until such time as he has obtained a
                  Clinical Supervisor acceptable to the College.  If Dr. Powell is required
                  to cease practice as a result of this paragraph, this will constitute a
                  term, condition and limitation on his certificate of registration and
                  such term, condition and limitation shall be included on the public
                  register;

            (c)   Upon completion of the twelve (12) month period of Clinical Supervision,
                  as described above, within approximately six (6) months, Dr. Powell shall
                  undergo a re-assessment of his practice by a College-appointed assessor
                  (the "Assessor").  This re-assessment by the Assessor will include a
                  review of Dr. Powell's office charts and an interview with Dr. Powell.
                  Dr. Powell shall abide by all recommendations made by the
                  College-appointed Assessor.  The Assessor shall report the results of
                  this re-assessment to the College;

            (d)   Dr. Powell shall inform the College of each and every location where he
                  practices, in any jurisdiction (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;

            (e)   Dr. Powell shall consent to the sharing of information between the
                  Clinical Supervisor, Assessor and the College as any of them deem
                  necessary or desirable in order to fulfill their respective obligations; 

            (f)   Dr. Powell shall consent to the monitoring of his OHIP billings and
                  cooperate with inspections of his practice and patient charts by the
                  Clinical Supervisor and College representatives for the purpose of
                  monitoring and enforcing his compliance with this term of the Order.
                  Monitoring this term shall include making enquiries of the Ministry of
                  Health and Long-Term Care regarding Dr. Powell's billings;

            (g)   Dr. Powell 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 and shall
                  provide his irrevocable consent to the College to make appropriate
                  enquiries of any person or institution who may have relevant information
                  for the purposes of monitoring and enforcing his compliance with the
                  terms of this Order; and

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

Previous Discipline Hearings

Committee: Discipline
Decision Date: 10 Jan 2017
Summary:

On January 10, 2017, the Discipline Committee found that Dr. Gerald Powell committed an act 
of professional misconduct in that:  he failed to maintain the standard of practice of the 
profession; and, 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, with respect to his billing practices. 
Psychotherapeutic Frame, Documentation and Medication Monitoring 
Dr. Powell is a psychiatrist practising in Ottawa. In 2009, following a complaint from a former 
patient, the College retained an expert to provide an independent opinion with respect to Dr. 
Powell’s care of this patient. As a result of the concerns raised in this opinion, the College 
conducted a broader investigation into Dr. Powell’s psychiatric practice under section 75(1)(a) of 
the Health Professions Procedural Code. 
In this broad investigation, three main areas of concern with respect to Dr. Powell’s care and 
treatment of patients were identified by an expert retained by the College. These included: 
-  Dr. Powell failed to maintain an appropriate psychotherapeutic frame in 19 of the 25 charts;  
-  Dr. Powell had lapses in his documentation, such as omitting start and stop times in 11 of the 
   25 charts and failing to document the monitoring (by himself or a family doctor) of metabolic 
   side effects from atypical antipsychotic medications in 8 of the 25 charts; and 
-  Dr. Powell demonstrated inadequate knowledge regarding the monitoring of atypical 
   antipsychotic medications in at least 1 of the 25 charts.  

The College expert opined, in part, about Dr. Powell’s failure to recognize and maintain the 
psychotherapeutic frame of the physician-patient relationship, as follows: “…most sessions 
lasted longer, sometimes significantly longer, than scheduled… In addition, our discussion 
revealed that Dr. Powell’s justification for extending sessions instead of scheduling longer 
sessions in advance was based on a lack of knowledge and misunderstanding about 
psychodynamic principles as related to the frame. He indicated that scheduling a patient for a 
longer session would be treating them as “special.” In fact, the opposite is true: extending 
sessions in the manner in which Dr. Powell practices is more likely to gratify a patient’s sense of 
being special because they are repeatedly “gifted” with extra time. Dr. Powell’s system of 
scheduling also reveals poor judgment when it comes to deciding how and when to start and stop 
sessions.…Appropriately managing no shows and cancellations is also part of maintaining the 
frame. As I learned from the interview, Dr. Powell told patients they would be held financially 
responsible for missing appointments and late cancellations, yet he did not hold them to that 
expectation. At one point he told me that when he did collect payment, he returned it because he 
felt bad about charging the patient. I believe this represents what is called a counter-
transference enactment. Rather than working with albeit difficult and uncomfortable 
transference material, the issue was avoided, modelling an approach that did not reinforce 
responsible behaviour and dismissed problematic behaviour. 
 
In an addendum to his report, the College expert amended his finding with respect to Dr. 
Powell’s lack of skill with reference to the frame regarding one patient. However, he noted two 
additional concerns with respect to the documentation of important clinical changes/situations 
and a lack of judgment in all of the 19 patient charts in which Dr. Powell failed to maintain an 
appropriate psychotherapeutic frame. In addition to these revisions, the College expert withdrew 
his concern regarding Dr. Powell’s lack of knowledge of monitoring lipid levels with respect to 
one patient. The remainder of the opinions reached in his initial report were maintained.  
         
Inappropriate Billing Practices 
 
The College expert also opined that all 25 charts showed evidence of inappropriate billing and 
that Dr. Powell’s billing practices did not meet the standard of practice of the profession. 
Concerning billing practices included:  
-  Billing one unit for missed appointments;  
-  Billing one unit for cancelled appointments (including at least one appointment that was 
   cancelled by Dr. Powell);  
-  Billing one unit for telephone calls to patients and telephone prescription renewals;  
-  Routinely billing for long sessions. Dr. Powell’s average appointment for the patients 
   reviewed is between 80 and 110 minutes; 50 minutes is the generally accepted length for a 
   psychiatric appointment; 
-  Billing special visit premium codes (A990A and A994A) when appointments were not 
   always eligible for a premium rate. These premiums are available to a psychiatrist when he or 
   she attends the office on an urgent basis, when they were not otherwise scheduled to attend. 
   Dr. Powell claimed these premiums in circumstances that did not meet the required criteria; 
   and 
-  Double billing for the same block of time. There are several instances where a patient was fit 
   in or had their appointment extended on account of a cancellation and claims were submitted 
   to OHIP for both patients. 
 
Penalty and Costs 
 
The Discipline Committee ordered and directed on the matter of penalty and costs that:  
-  The Registrar suspend Dr. Powell’s certificate of registration for four (4) months, to 
   commence at 11:59 p.m. on January 10, 2017. 
-  The Registrar impose the following as a term, condition and limitation on Dr. Powell’s 
   certificate of registration: 
  (a)    Prior to resuming practice after the period of suspension of his certificate of 
         registration, Dr. Powell shall 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, Dr. Powell 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 
         practice improvements, practice management, and continuing education. The period 
         of Clinical Supervision will commence on the expiry of the period of suspension, or 
         on the date that the Clinical Supervisor is approved, if one is not approved during the 
         period of suspension; 
  (b)    If, prior to completion of Clinical Supervision, the Clinical Supervisor is unable or 
         unwilling to continue in that role for any reason, Dr. Powell shall retain a new 
         College-approved Clinical Supervisor who will sign an undertaking in the form 
         attached hereto as Schedule “A”. If Dr. Powell fails to retain a Clinical Supervisor on 
         the terms set out above within thirty (30) days of receiving notification that his former 
         Clinical Supervisor is unable or unwilling to continue in that role, he shall cease 
         practicing medicine until such time as he has obtained a Clinical Supervisor 
         acceptable to the College. If Dr. Powell is required to cease practice as a result of this 
         paragraph, this will constitute a term, condition and limitation on his certificate of 
         registration and such term, condition and limitation shall be included on the public 
         register; 
  (c)    Upon completion of the twelve (12) month period of Clinical Supervision, as 
         described above, within approximately six (6) months, Dr. Powell shall undergo a re-
         assessment of his practice by a College-appointed assessor (the “Assessor”).  This re-
         assessment by the Assessor will include a review of Dr. Powell’s office charts and an 
         interview with Dr. Powell.  Dr. Powell shall abide by all recommendations made by 
         the College-appointed Assessor. The Assessor shall report the results of this re-
         assessment to the College; 
  (d)    Dr. Powell shall inform the College of each and every location where he practices, in 
         any jurisdiction (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; 
  (e)    Dr. Powell shall consent to the sharing of information between the Clinical 
         Supervisor, Assessor and the College as any of them deem necessary or desirable in 
         order to fulfill their respective obligations;  
  (f)    Dr. Powell shall consent to the monitoring of his OHIP billings and cooperate with 
         inspections of his practice and patient charts by the Clinical Supervisor and College 
         representatives for the purpose of monitoring and enforcing his compliance with this 
         term of the Order. Monitoring this term shall include making enquiries of the 
         Ministry of Health and Long-Term Care regarding Dr. Powell’s billings; 
  (g)    Dr. Powell 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 and shall provide his irrevocable consent to 
         the College to make appropriate enquiries of any person or institution who may have 
         relevant information for the purposes of monitoring and enforcing his compliance 
         with the terms of this Order; and 
  (h)    Dr. Powell shall be responsible for any and all costs associated with implementing the 
         terms of this Order. 
-  Dr. Powell shall, within three (3) months, pay a fine to the Minister of Finance in the amount 
   of $20,000.00, and Dr. Powell shall provide proof of this payment to the Registrar of the 
   College. 
-  Dr. Powell to attend before the panel to be reprimanded. 
Dr. Powell pay to the College its costs of this proceeding in the amount of $5,000 within thirty 
(30) days from the date of this Order.

Decision: Download Full Decision (PDF)
Hearing Date(s): January 10, 2017


Committee: Discipline
Decision Date: 03 Feb 2014
Summary:

On February 3, 2014, the Discipline Committee found that Dr. Gerald Wayne Powell committed 
an act of professional misconduct, in that he 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. Powell admitted to the 
allegation.  
 
Patient A 
 
Dr. Powell treated Patient A from about 1995 to about 1998 in a psychotherapeutic treating 
relationship, which ended in November 1998. Dr. Powell and Patient A began a romantic 
relationship shortly after termination of the doctor-patient relationship. Their relationship 
included hugging, followed by kissing commencing in or about February 1999 and sexual 
intercourse commencing in about September 1999. Patient A and Dr. Powell planned to get 
married and Dr. Powell was looking for a home for them to move in together. Their personal, 
sexual relationship lasted between four and a half and five years.  
 
Patient B 
 
Dr. Powell treated Patient B from about 1994 to about May, 2004 in a psychotherapeutic treating 
relationship. Patient B's last appointment with Dr. Powell was on or about May 5, 2004. They 
saw each other almost daily after the termination of the doctor-patient relationship. He engaged 
in a sexual relationship with Patient B four to six weeks after termination of the doctor-patient 
relationship. Patient B did not complain to the College about Dr. Powell's conduct; the 
relationship came to the College's attention through Patient A. 
 
The Discipline Committee ordered and directed that:  
 
      the Registrar suspend Dr. Powell's certificate of registration for nine (9) months, effective 
      immediately. 
 
      the Registrar impose the following term, condition and limitation on Dr. Powell's 
      certificate of registration: 
 
      a)    Dr.  Powell must successfully complete, at his own expense, the following 
            courses within 12 months of the date of this Order: 
 
            (i)   the College's Understanding Boundaries in Managing the Risks Inherent in 
                  the Doctor-Patient Relationship; and 
            (ii)  the College-facilitated instruction in Ethics course. 
 
      Dr. Powell appear before the panel to be reprimanded. 
 
      Dr. Powell pay to the College costs in the amount of $4,460.00, within 30 days of the date 
      of this Order. 
 

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): February 3, 2014