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11 Nov 2011
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Past Findings of the Discipline or Fitness To Practise Committee
Decision Date: 07 Jan 2011
On January 7, 2011, the Discipline Committee found that Dr. Mory Maher Gutman 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 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.
The findings relate to Dr. Gutman's incomplete and inadequate documentation and record
keeping practices, his failure to appropriately manage prescription renewals, the absence of pain
rating scales to record the efficacy of his pain management regime, and the lack of urine drug
screens, treatment agreements, and standard screening instruments. Dr. Gutman also committed
boundary violations by repeatedly hugging a female patient and sharing details about his personal
life with her.
The Discipline Committee ordered and directed that:
1. the Registrar suspend Dr. Gutman's certificate of registration for four (4) months. This
suspension is to take effect if and when Dr. Gutman's Certificate of Registration is
reinstated; commencing on the day the Certificate is or otherwise would have been
2. Dr. Gutman successfully complete, at his own expense, the first available College's
Medical Record-Keeping course including the follow-up component and provide proof
thereof to the College.
3. Dr. Gutman, at his own expense, submit to an assessment of his practice by an assessor
selected by the College approximately six months after his return to practice in
accordance with paragraph one. Dr. Gutman shall abide by the recommendations made
by the Assessor. If any of the recommendations made by the Assessor limit or in any
way restrict Dr. Gutman's practice, Dr. Gutman shall be permitted to make written
submissions on his own behalf within 30 days of receipt of the assessment to the
Inquiries, Complaints and Reports Committee. The Inquiries, Complaints and Reports
Committee may or may not vary the recommendations of the Assessor upon receipt of Dr.
Gutman's written submissions. Any recommendations accepted by the Inquiries,
Complaints and Reports Committee that are limitation(s) or restriction(s) shall constitute
terms, conditions or limitations on Dr. Gutman's Certificate of Registration and may be
included on the public register if required by the College in its sole discretion.
4. the Registrar impose the following terms, conditions and limitations on Dr. Gutman's
certificate of registration:
a) Dr. Gutman shall not engage in professional encounters with any female patients.
b) Dr. Gutman shall not prescribe any of the following substances:
(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 the above-named drugs [from Appendix I to the Compendium of Pharmaceuticals
and Specialties] is attached [to the Order] as Schedule "A"; and the current regulatory lists are
attached [to the Order] as Schedule "B")
c) Dr. Gutman shall post a clearly visible sign in his waiting room in the form set out
at Schedule "C" [to the Order]. For further clarity, this sign shall state as follows:
"Dr. Gutman has relinquished his prescribing privileges with respect to Narcotic
Drugs, Narcotic Preparations, Controlled Drugs and Benzodiazepines/Other
d) Dr. Gutman shall cooperate with unannounced inspections of his practice and
such other steps as the College may take for the purpose of monitoring and
enforcing his compliance with the terms of the Order.
5. Dr. Gutman continue to regularly attend 12 step program meetings as well as meetings
with his sponsor. For a period of two years following the imposition of the penalty, Dr.
Gutman's sponsor will provide quarterly reports to the College attesting to Dr. Gutman's
attendance at the 12 step meetings.
6. Dr. Gutman attend at least two meetings per month at the Caduceus Group at North York
General Hospital and submit urine samples as required for participation in that Group.
For a period of two years following the imposition of the penalty, Dr. B. Madonik or a
member agreeable to the College, will provide quarterly reports to the College attesting to
Dr. Gutman's attendance at the Caduceus Group meetings, and compliance with
7. Dr. Gutman attend at least two meetings per month with a psychiatrist. For a period of
two years following the imposition of the penalty, Dr. Gutman's treating psychiatrist will
provide quarterly reports attesting to Dr. Gutman's attendance at these regularly scheduled
8. Dr. Gutman appear before the panel to be reprimanded.
9. Dr. Gutman pay costs to the College in the amount of $3650.00 by March 7, 2011.
Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): January 7, 2011
Member-reported Findings of Malpractice/Professional Negligence
Effective June 4, 2009, the Regulated Health Professions Act, 1991 (RHPA) requires members to report to the College any finding of professional
negligence or malpractice made against them.
No findings reported since June 4, 2009.