Rathe, Charles Nicholas (CPSO#: 59884)

Current Status: Revoked: Discipline Committee as of 24 Jan 2012

CPSO Registration Class: None as of 24 Jan 2012

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English, French, German, Spanish

Education:University of Toronto, 1988

Practice Information

Primary Location of Practice
Practice Address Not Available

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 13 Jun 1988
Transfer of class of registration to: Independent Practice Certificate Effective: 30 Jun 1989
Transfer of class of certificate to: Restricted certificate Effective: 26 Aug 2009
Terms and conditions imposed on certificate Effective: 26 Aug 2009
Terms and conditions amended Effective: 15 Oct 2009
Expired: Failure to Renew Membership Expiry: 05 Aug 2010
Revoked: Discipline Committee. Effective: 24 Jan 2012

Previous Hearings

Committee: Discipline
Decision Date: 31 May 2011
Summary:

On May 31, 2011, the Discipline Committee found that Dr. Charles Nicholas Rathe committed 
an act of professional misconduct, in that he: 
 
      failed to maintain the standard of practice of the profession with respect to his 
      prescription of Ionamin to Patient 1; 
 
      engaged in conduct unbecoming a physician by rude, inappropriate, hostile and/or 
      aggressive behaviour at a school concert; 
 
      engaged in disgraceful, dishonourable or unprofessional conduct by behaving in a rude 
      and objectionable manner towards the son of Patient 2 during the course of an office visit 
      by Patient 2 and her son; and by falsely representing that one of his patients (Patient 3) 
      was employed as his office manager; 
 
      sexually abused a patient, in that he had a sexual relationship, including sexual 
      intercourse, with Patient 3; and, 
 
      has been found guilty of an offence that is relevant to his suitability to practise, engaged 
      in conduct unbecoming a physician and engaged in disgraceful, dishonourable or 
      unprofessional conduct, in that he committed a criminal assault, arising out of a traffic 
      incident, on a female victim by punching her in the face while enraged. 
 
On June 23, 2011, Dr. Rathe appealed the decision of the Discipline Committee to the Superior 
Court of Justice (Divisional Court). 
 
On January 24, 2012, the Discipline Committee ordered and directed that: 
 
1)    the Registrar revoke Dr. Rathe's certificate of registration, effective immediately;  
2)    Dr. Rathe appear before the Committee to be reprimanded, on a date to be fixed by the 
      Committee which shall be no later than three (3) months from the date that this Order 
      becomes final; 
3)    Dr. Rathe reimburse the College for funding provided to his patient under the program 
      required under section 85.7 of the Code, and that he post an irrevocable letter of credit or 
      other security acceptable to the College, in the amount of $16,060, to guarantee the 
      payment of any amount for funding provided under that program; and 
4)    Dr. Rathe pay costs to the College in the amount of $23,725. 
 
 
On February 8, 2012, Dr. Rathe also appealed the penalty decision of the Discipline Committee 
to the Superior Court of Justice (Divisional Court).  
 
In the circumstances, the Order of the Discipline Committee remains in effect despite the appeal.  
 
On April 2, 2013, the Divisional Court dismissed Dr. Rathe's appeal.  
 

Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 02 Apr 2013
Hearing Date(s): May 31, 2011


Committee: Discipline
Decision Date: 01 Feb 2006
Summary:

On February 1, 2006, the Discipline Committee found Dr. Rathe to have committed acts of 
professional misconduct with respect to an act or omission relevant to the practice of medicine 
that, having regard to the circumstances, would reasonably be regarded by members as 
disgraceful, dishonourable or unprofessional; as well he displayed conduct unbecoming a 
physician. 
 
Penalty hearing scheduled for April 11, 2006. 
 
On August 22, 2006, the Discipline Committee ordered and directed that: 
 
1.    Dr.  Rathé appear before the Committee to be reprimanded and the fact of the reprimand 
      to be recorded in the register. 
 
2.     Dr.  Rathé pay a fine of $5000 to the Minister of Finance of Ontario within ninety days 
      of the date of the order.   
 
3.         The Registrar suspend Dr Rathé s certificate of registration for a period of six months: 
 
      (a)   four months of which will be suspended upon:   i) completion at his own expense 
            of the Pinegrove Program for Anger Management; and, ii) enrollment within 2 
            months from the date of the order at his own expense of the ten to twelve week 
            follow-up Professionals at Risk Program in Elmhurst, Illinois.  Full reports from 
            both programs are to be provided to the College and Dr. Rathé shall provide to the 
            College proof of completion of the Professionals at Risk Program no later than 
            December 31, 2006; and 
 
      (b)   however, the full six months of the suspension will be served by Dr. Rathé unless 
            the fine imposed is paid and proof of payment provided to the Registrar within 90 
            days of the order. 
 
4.    The Registrar impose the following terms, conditions and limitations on Dr. Rathé s 
      certificate of registration: 
 
      i)    Dr. Rathé will continue with regular counselling in anger management with his 
            Psychologist and follow direction specific to his problems. The counselling is to 
            continue for at least two years and, thereafter, for so long as the Psychologist 
            deems necessary.  A report with regard to his progress must be provided to the 
            College promptly every six months. If for any reason, there is an inability to 
            continue with this Psychologist, then another Psychologist, acceptable to the 
            College will be substituted. Dr. Rathé shall ensure that the Psychologist is aware 
            of the reporting requirement and executes an undertaking in a form acceptable to 
            the College. 
 
      ii)    Dr. Rathé will continue with treatment with his Psychiatrist, or failing him 
            another Psychiatrist acceptable to the College, and follow his medical advice. The 
            treatment is to continue for at least two years and, thereafter, for so long as the 
            Psychiatrist indicates is required.  A report with regard to his progress must be 
            provided to the College promptly every six months. Dr. Rathé s treating 
            Psychiatrist is to report immediately to the College any failure by Dr. Rathé to 
            follow medical advice. Dr. Rathé shall ensure that the Psychiatrist is aware of the 
            reporting requirements and executes an undertaking in a form acceptable to the 
            College. 
 
 
      iii)   Dr. Rathé will continue in the PHP Program and with the addictions 
            interventions that they recommend.  In addition, Dr. Rathé will enroll in the PHP 
            Behaviour Monitoring Program.   Reporting to the College will be according to 
            the protocols of the PHP addictions and behaviour monitoring programs. 
 
  
      iv)   Dr. Rathé shall appoint a practice management monitor, acceptable to the College, 
            who will meet at least monthly with Dr. Rathé, at his expense, to discuss and 
            monitor Dr. Rathé s patient load, hours of work, commitments, and other 
            obligations relating to work, family, community and self-care.  The monitor is to 
            assist Dr. Rathé in managing his practice and related aspects of his life to manage 
            his stress levels and also to assist in his anger management efforts.   The monitor 
            will report to the College every six months.  Dr. Rathé shall cause the monitor to 
            execute an undertaking in a form acceptable to the College. 
 
      v)    At least one Nurse Practitioner, acceptable to the College, must be employed in 
            the practice on a regular basis. 
 
      vi)   An independent Psychiatrist, acceptable to the College and at Dr. Rathé s expense, 
            shall assess Dr. Rathé s anger management situation and his risk for re-offending 
            conduct no earlier than 18 months and no later than 24 months from the date of 
            this order and report to the College. 
 
The Discipline Committee orders that any variance from this Order is to be requested through a 
Panel of the Discipline Committee as then constituted. 
 
The Certificate of Registration in the Province of Ontario issued in the name of Dr. Charles 
Nicholas Rathe is suspended and the terms, conditions and limitations outlined above are 
imposed effective October 23, 2006 at 12:01 a.m. until further notice. 
 
NOTE:  
 
On September 21, 2006, Dr. Charles Nicholas Rathe appealed the decision of the Discipline 
Committee to the Divisional Court.  Pursuant to ss.25(1) of the Statutory Powers Procedure Act, 
the decision of the Discipline Committee was stayed pending the outcome of the appeal.   On 
September 15, 2010, upon reading the consent of the parties, the Divisional Court ordered that 
the appeal be dismissed.  Therefore, the decision of the Discipline Committee is in effect. 

Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 21 Sep 2006
Hearing Date(s): Apr 11, 2006