THE FOLLOWING INFORMATION WAS OBTAINED FROM THE FIND A DOCTOR SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO WWW.CPSO.ON.CA

Date: 22/05/2018 10:15:33 AM

Martin, James Scott Bradley (CPSO#: 29320)

Current Status: Active Member as of 01 Sep 2014

CPSO Registration Class: Restricted as of 20 May 2014

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:The University of Western Ontario, 1976

Practice Information

Primary Location of Practice
Unit 107
555 Southdale Road East
London ON  N6E 1A2
Phone: (519) 685-5559
Fax: (519) 685-5519
Electoral District: 02

Specialties

Specialty Issued On Type
Obstetrics and Gynecology Effective: 30 Jun 1993 RCPSC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.

The University of Western Ontario, 01 Jul 1989 to 30 Jun 1990
Resident 1 - Obstetrics and Gynecology

The University of Western Ontario, 01 Jul 1990 to 30 Jun 1991
Resident 2 - Obstetrics and Gynecology

The University of Western Ontario, 01 Jul 1991 to 30 Jun 1992
Resident 3 - Obstetrics and Gynecology

The University of Western Ontario, 01 Jul 1992 to 30 Jun 1993
Resident 4 - Obstetrics and Gynecology

The University of Western Ontario, 01 Jul 1994 to 30 Jun 1995
Clinical Fellow - Obstetrics and Gynecology

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 23 Jun 1976
Transfer of class of registration to: Independent Practice Certificate Effective: 30 Jun 1977
Transfer of class of certificate to: Restricted certificate Effective: 20 May 2014
Terms and conditions imposed on certificate Effective: 20 May 2014
Suspension of registration imposed: Discipline Committee Effective: 01 Jul 2014
Suspension of registration removed Effective: 01 Sep 2014
Terms and conditions amended by Inquiries, Complaints and Repo Effective: 23 Sep 2017

Pending Hearings

Summary: Allegations of Dr. Martin’s professional misconduct have been referred to the Discipline Committee of the College. It is alleged that Dr. Martin is incompetent and/or failed to maintain the standard of practice of the profession in his care of patients.

Notice of Hearing: Download Full Notice (PDF)

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Inquiries, Complaints and Reports Committee Effective: 23 Sep 2017 Active View Details [+]
            (1 of 3)
            As of September 23, 2017, Dr. Martin has not obtained an approved Clinical
            Supervisor. As such, he is required to cease providing transgender care to
            patients under the age of 18 and to take steps to transfer these patients to
            other qualified and accessible physicians.


            (2 of 3)
            As from 12:01 a.m., August 24, 2017, by order of the Inquiries, Complaints and
            Reports 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. James Scott Bradley Martin:

            Practice Restriction

            (i)   Dr. Martin shall, within seven (7) days of this Order becoming effective,
                  provide to the College a log of all patients under the age of 18 for whom
                  he is providing transgender care, in the form attached as Appendix "B" to
                  the Order (the "Patient Log").

            (ii)  Dr. Martin shall maintain a copy of the Patient Log at all times, and
                  shall make it available to the College upon request.

            (iii) Dr. Martin is prohibited from providing transgender care to any new
                  patients under  the age of 18.

            Clinical Supervision 

            (iv)  Dr. Martin shall retain, at his own expense, a Clinical Supervisor
                  approved by the College who will sign an undertaking in the form attached
                  as Appendix "C", (the "Clinical Supervisor") to be returned to the
                  College in executed form no later than thirty (30) days after the
                  effective date of this Order.  The Clinical Supervisor will, among other
                  things: 

                  a.    Within thirty (30) days of the date the Clinical Supervisor signs
                        the undertaking, review and approve Dr. Martin's assessment and
                        treatment plan for all existing patients under the age of 18 to
                        whom Dr. Martin is providing transgender care; 
                  b.    Document his/her review and approval of the assessment and
                        treatment plan by signing the patient chart and the Patient Log; 
                  c.    Thereafter, review and approve any material change in the treatment
                        plan for all patients under the age of 18 to whom Dr. Martin is
                        providing transgender care prior to the change being implemented; 
                  d.    Document his/her review and approval of any material change in the
                        treatment plan by signing the patient chart and the Patient Log; 
                  e.    Provide a report to the College, attaching a copy of the completed
                        Patient Log, within fifteen (15) days of completing the initial
                        review of all charts of patients under the age of 18 to whom Dr.
                        Martin is providing transgender care; 
                  f.    Provide a report to the College every three (3) months thereafter.
                  
            (v)   Dr. Martin shall cooperate fully with the Clinical Supervisor and shall
                  abide by the recommendations of the Clinical Supervisor.

            (vi)  If a person who has given an undertaking in Appendix "C" to the Order is
                  unable or unwilling to continue to fulfil its provisions, Dr. Martin
                  shall, within twenty (20) days of receiving notice of same, obtain an
                  executed undertaking in the same form from a similarly qualified person
                  who is acceptable to the College and ensure that it is delivered to the
                  College within that time.

            (vii) If Dr. Martin is unable to obtain a Clinical Supervisor on the terms set
                  out under paragraphs (iv) and/or (vi) above, Dr. Martin shall cease
                  providing transgender care  to patients under the age of 18 and shall
                  take steps to transfer these patients to other qualified and accessible
                  physicians.

            Monitoring

            (viii)Dr. Martin shall consent to the College making appropriate enquiries of
                  the Ontario Health Insurance Plan and/or any person or institution who
                  may have relevant information in order for the College to monitor Dr.
                  Martin's compliance with the terms of this Order and shall promptly sign
                  such consents as may be necessary for the College to obtain information
                  from these persons or institutions.

            (ix)  Dr. Martin shall submit to, and not interfere with, unannounced
                  inspections of his Practice Locations and to inspections of patient
                  charts by the College and to any other activity the College deems
                  necessary in order to monitor Dr. Martin's compliance with the terms of
                  this Order.

            (x)   Dr. Martin shall consent to the College providing any and all information
                  to the Clinical Supervisor that the College deems necessary or desirable
                  in order to assist the Clinical Supervisor in fulfilling his/her
                  undertaking and in order to monitor Dr. Martin's compliance with the
                  terms of this Order; and

            (xi)  Dr. Martin shall consent to all Clinical Supervisors to disclose to the
                  College, and to one another, any information relevant to this Order,
                  relevant to the terms of the Clinical Supervisor's undertaking and/or
                  relevant for the purposes of monitoring Dr. Martin's compliance with this
                  Order.


            (3 of 3)
            As from 12:00 noon, May 20, 2014, 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.
            James Scott Bradley Martin:

                  a.    Effective immediately, Dr. Martin shall cease accepting new
                        patients in his practice of fertility medicine;  
                  
                  b.    Effective immediately, Dr. Martin shall not counsel or advise
                        patients regarding eating disorders or any other matter falling
                        outside his permitted scope of practice;
                  
                  c.    Effective July 1, 2014, Dr. Martin shall restrict his practice
                        exclusively to reproductive endocrinology and the interpretation of
                        fertility-related ultrasound images; 
                  
                  d.    Without in any way restricting the generality of the restriction
                        set out in paragraph 4(c) above, effective July 1, 2014, Dr. Martin
                        shall be prohibited from practising fertility medicine in any
                        respect, including, without limitation, the following: 
                  
                        i.    Fertility-related assessment and investigations, including
                              the performance or interpretation of fertility-related
                              hysterosalpingograms, fertility treatment or
                              fertility-related cycle-monitoring; 
                        ii.   Artificial insemination; 
                        iii.  In vitro fertilitzation including oocyte retrievals and/or
                              embryo transfers;
                        iv.   Counseling or advising patients regarding fertility
                              treatments, artificial insemination, or any other matter
                              relating to fertility medicine; and
                        v.    Decision making of any kind regarding the care and treatment
                              of patients undergoing fertility treatment, artificial
                              insemination, in vitro fertilization or any other treatment
                              or procedure associated with fertility medicine;
                  
                  e.    Within thirty (30) days of the date of this Order, Dr. Martin shall
                        obtain a clinical supervisor acceptable to the College, who will
                        supervise Dr. Martin's interpretation of fertility-related
                        ultrasound images and who will sign an undertaking in the form
                        attached hereto as Schedule "A" [to the Order] (the "Clinical
                        Supervisor");
                  
                  f.    If a Clinical Supervisor who has given an undertaking in Schedule
                        "A" to this Order is unable or unwilling to continue to fulfill its
                        terms, Dr. Martin shall, within twenty (20) days of receiving
                        notice of same, obtain an executed undertaking in the same form
                        from a similarly qualified person who is acceptable to the College
                        and ensure that it is delivered to the College within that time; 
                  
                  g.    If Dr. Martin is unable to obtain a Clinical Supervisor in
                        accordance with paragraphs 4(e) and 4(f) of this Order, he shall
                        cease to interpret fertility-related ultrasounds until such time as
                        he has done so, and the fact that he has ceased to practise shall
                        be a term, condition and limitation on his Certificate of
                        Registration until that time;  
                  
                  h.    Dr. Martin shall abide by all recommendations of his Clinical
                        Supervisor with respect to practice improvements and education;
                  
                  i.    Dr. Martin shall consent to the disclosure by his Clinical
                        Supervisor to the College, and by the College to his Clinical
                        Supervisor, of all information the Clinical Supervisor or the
                        College deems necessary or desirable in order to fulfill the
                        Clinical Supervisor's undertaking and to monitor Dr. Martin's
                        compliance with this Order.  This shall include, without
                        limitation, providing the Clinical Supervisor with any reports of
                        any assessments of Dr. Martin's practice in the College's
                        possession;
                  
                  j.    Effective December 31, 2014, Dr. Martin shall be prohibited from
                        interpreting ultrasound images and shall restrict his practice
                        exclusively to reproductive endocrinology; 
                  
                  k.    For an indefinite period of time, Dr. Martin shall inform the
                        College of each and every location where he practices including,
                        but not limited to hospitals, clinics, and offices, in any
                        jurisdiction (collectively, his "Practice Location(s)"), within
                        fifteen (15) days of this Order, and shall inform the College of
                        any and all new Practice Locations within 15 days of commencing
                        practice at that location;
                  
                  l.    For an indefinite period of time, Dr. Martin shall submit to, and
                        not interfere with, unannounced inspections of his Practice
                        Location(s) and patient records by a College representative for the
                        purposes of monitoring his compliance with this Order;
                  
                  m.    Dr. Martin shall, at his own expense, participate in and
                        successfully complete an educational program satisfactory to the
                        College in Ethics, with a report or reports to be provided to the
                        College regarding Dr. Martin's progress and compliance. Dr. Martin
                        shall complete this requirement by September 1, 2014 or, if no
                        satisfactory program is available by that time, by the first
                        possible opportunity thereafter;   
                  
                  n.    Dr. Martin shall, at his own expense, participate in and
                        successfully complete an educational program satisfactory to the
                        College in medical record-keeping. Dr. Martin shall complete this
                        requirement by September 1, 2014 or, if no satisfactory program is
                        available by that time, by the first possible opportunity
                        thereafter; 
                  
                  o.    Dr. Martin shall consent to the monitoring of his OHIP billings and
                        cooperate with inspections of his practice and patient charts by
                        College representatives for the purpose of monitoring and enforcing
                        his compliance with the terms of this Order; and
                  
                  p.    Dr. Martin shall be responsible for any and all costs associated
                        with implementing the terms of this Order. 
                  

Previous Hearings

Committee: Discipline
Decision Date: 20 May 2014
Summary:

On May 20, 2014, the Discipline Committee found that Dr. James Scott Bradley Martin 
committed an act of professional misconduct, in that he failed to maintain the standard of 
practice of the profession. Dr. Martin admitted to the allegation. 
 
The referral relates to a s.75 investigation and two complaints in relation to Dr. Martin's practice 
of fertility medicine at the Southern Ontario Fertility Technologies Inc. Clinic.  
 
In relation to the s.75 investigation regarding the care of 28 patients, Dr. X, an independent 
expert retained by the College, had significant concerns regarding Dr. Martin's lack of judgment 
and his standard of care. Dr. X found an excessive number of intrauterine insemination (IUI) 
treatment cycles in some cases, which did not justify a prolonged delay in moving to more 
effective treatments, such as in vitro fertilization (IVF), or intracytoplasmic sperm injection. In 
addition, important discussions regarding patients' treatment options and decisions that Dr. 
Martin claimed took place - including regarding about moving to IVF and the patient(s) choosing 
to continue with IUI - were not documented in their charts. 
 
In relation to Dr. Martin's care of Patient A between approximately 2001 and 2010, the complaint 
was triggered by Dr. Martin's decision to terminate Patient A's weekly counselling appointments 
for an eating disorder. Dr. Martin admitted that he is not specifically trained to counsel eating 
disorders and that he was outside of his scope in the 5 years he engaged in this counselling. He 
also admitted he erred in misrepresenting to Patient A the reason he stopped the counselling. In 
relation to Patient A's fertility treatment, Dr. Y, an independent expert retained by the College, 
opined that Dr. Martin failed to maintain the standard of care in his: medical charting; proceeding 
with IUI despite a degree of hyperstimulation dangerous to patient health; failing to adjust 
treatment to reduce the risk of severe hyperstimulation; and, repeatedly placing Patient A at 
extreme risk of multiple medical complications, including thrombosis, pulmonary emboli and 
stroke. 
 
In relation to Dr. Martin's care of Patient B in August of 2009, Dr. Y concluded that Dr. Martin 
failed to maintain the standard of care in that: he lacked knowledge regarding the diagnosis and 
management of an ectopic pregnancy; the systems in place at the clinic which failed to maintain 
the standard in terms of the organization and management of Patient B's care between the clinic's 
health care providers; and, in the lack of adequate documentation and the poor communication 
among health professionals at the clinic that put Patient B's life at risk.    
The Discipline Committee ordered and directed that: 
 
      Dr. Martin appear before the panel to be reprimanded;  
      the Registrar suspend Dr. Martin's Certificate of Registration for a period of two (2) 
      months, to commence on July 1, 2014 and ending at 11:59 p.m. on September 1, 2014. 
      the Registrar impose the following terms, conditions and limitations on Dr. Martin's 
      Certificate of Registration:  
 
      a.    Effective immediately, Dr. Martin shall cease accepting new patients in his 
            practice of fertility medicine;   
       
b.    Effective immediately, Dr. Martin shall not counsel or advise patients regarding 
      eating disorders or any other matter falling outside his permitted scope of practice; 
              
c.    Effective July 1, 2014, Dr. Martin shall restrict his practice exclusively to 
      reproductive endocrinology and the interpretation of fertility-related ultrasound 
      images;  
              
d.    Without in any way restricting the generality of the restriction set out in paragraph 
      4(c) above, effective July 1, 2014, Dr. Martin shall be prohibited from practising 
      fertility medicine in any respect, including, without limitation, the following:  
              
      i.    Fertility-related assessment and investigations, including the performance 
            or interpretation of fertility-related hysterosalpingograms, fertility 
            treatment or fertility-related cycle-monitoring;  
      ii.   Artificial insemination;  
      iii.  In vitro fertilitzation including oocyte retrievals and/or embryo transfers;  
      iv.   Counseling or advising patients regarding fertility treatments, artificial 
            insemination, or any other matter relating to fertility medicine; and 
      v.    Decision making of any kind regarding the care and treatment of patients 
                  undergoing fertility treatment, artificial insemination, in vitro 
                  fertilization or any  other treatment or procedure associated with 
                  fertility medicine; 
              
e.    Within thirty (30) days of the date of this Order, Dr. Martin shall obtain a clinical 
      supervisor acceptable to the College, who will supervise Dr. Martin's 
      interpretation of fertility-related ultrasound images and who will sign an 
      undertaking in the form attached hereto as Schedule "A" (the "Clinical 
      Supervisor"); 
              
f.    If a Clinical Supervisor who has given an undertaking in Schedule "A" to this 
      Order is unable or unwilling to continue to fulfill its terms, Dr. Martin shall, 
      within twenty (20) days of receiving notice of same, obtain an executed 
      undertaking in the same form from a similarly qualified person who is acceptable 
      to the College and ensure that it is delivered to the College within that time; 
               
g.    If Dr. Martin is unable to obtain a Clinical Supervisor in accordance with 
      paragraphs 4(e) and 4(f) of this Order, he shall cease to interpret fertility-related 
      ultrasounds until such time as he has done so, and the fact that he has ceased to 
      practise shall be a term, condition and limitation on his Certificate of Registration 
      until that time;    
              
h.    Dr. Martin shall abide by all recommendations of his Clinical Supervisor with 
      respect to practice improvements and education; 
              
i.    Dr. Martin shall consent to the disclosure by his Clinical Supervisor to the 
      College, and by the College to his Clinical Supervisor, of all information the 
      Clinical Supervisor or the College deems necessary or desirable in order to fulfill 
      the Clinical Supervisor's undertaking and to monitor Dr. Martin's compliance with 
      this Order.  This shall include, without limitation, providing the Clinical 
      Supervisor with any reports of any assessments of Dr. Martin's practice in the 
      College's possession; 
              
j.    Effective December 31, 2014, Dr. Martin shall be prohibited from interpreting 
      ultrasound images and shall restrict his practice exclusively to reproductive 
      endocrinology;  
              
k.    For an indefinite period of time, Dr. Martin shall inform the College of each and 
      every location where he practices including, but not limited to hospitals, clinics, 
      and offices, in any jurisdiction (collectively, his "Practice Location(s)"), within 
      fifteen (15) days of this Order, and shall inform the College of any and all new 
      Practice Locations within 15 days of commencing practice at that location; 
              
l.    For an indefinite period of time, Dr. Martin shall submit to, and not interfere with, 
      unannounced inspections of his Practice Location(s) and patient records by a 
      College representative for the purposes of monitoring his compliance with this 
      Order; 
              
m.    Dr. Martin shall, at his own expense, participate in and successfully complete an 
      educational program satisfactory to the College in Ethics, with a report or reports 
      to be provided to the College regarding Dr. Martin's progress and compliance. Dr. 
      Martin shall complete this requirement by September 1, 2014 or, if no satisfactory 
      program is available by that time, by the first possible opportunity thereafter;  
                
n.    Dr. Martin shall, at his own expense, participate in and successfully complete an 
      educational program satisfactory to the College in medical record-keeping. Dr. 
      Martin shall complete this requirement by September 1, 2014 or, if no satisfactory 
      program is available by that time, by the first possible opportunity thereafter;  
              
o.    Dr. Martin shall consent to the monitoring of his OHIP billings and cooperate 
      with inspections of his practice and patient charts by College representatives for 
      the purpose of monitoring and enforcing his compliance with the terms of this 
      Order; and 
              
p.    Dr. Martin shall be responsible for any and all costs associated with implementing 
      the terms of this Order.  
              
Dr. Martin pay to the College costs in the amount of $40,140, within 30 days of the date 
of this Order. 

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): May 20, 2014

Concerns

Source: ICR Committee
Active Date: June 10, 2016
Expiry Date:
Summary:
Specified Continuing Education and Remediation Program:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College By-laws to be posted on the register, along with a note if the decision has been appealed. A SCERP is one of the dispositions that the College’s Inquiries, Complaints and Reports Committee may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the
disposition includes a SCERP:
Download Full Document (PDF)