No Current Referrals.
11 Nov 2011
View Details »
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 reinstated.
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
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.
(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 Targeted Substances.
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
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 meetings.
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,
Decision: Download Full Decision (PDF)
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.