Committee: Discipline
Decision Date: 03 Dec 1999
Summary:
On December 3, 1999, the Discipline Committee accepted Dr. Wyatt's plea and found her guilty of professional misconduct in that she committed 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 and failure to maintain the records that are required to be kept respecting a member's patients and that she failed to make, retain or make available required patient records.
At the penalty hearing of February 28 and 29, 2000, the Committee reserved its decision. On June 26, 2000, the Discipline Committee ordered and directed that:
1. Dr. Wyatt be reprimanded and that the reprimand be recorded on the register.
2. The Registrar impose a permanent term, condition and limitation on Dr. Wyatt's certificate of registration, prohibiting her from engaging in psychotherapy as defined in Schedule "1" to this Order.
3. The Registrar suspend Dr. Wyatt's certificate of registration for a period of 24 months, to commence on a date to be fixed by the Registrar.
4. Twenty (20) months of the suspension ordered shall be suspended, provided that the following conditions are fulfilled:
i. that Dr. Wyatt attend, at her own cost, a program about appropriate boundaries that is satisfactory to the Registrar, and that she provide proof to the Registrar of having attended and completed such a program within 12 months of beginning her suspension.
ii. that Dr. Wyatt receive psychotherapy and counseling, at her own cost, if any, by a psychotherapist satisfactory to the Registrar, for a minimum period of 24 months, or until such time as the psychotherapist and the Registrar agree that such therapy is no longer
necessary.
iii. that the psychotherapist shall confirm the participation and cooperation of Dr. Wyatt in the psychotherapeutic relationship by way of a written report to the Registrar every three months throughout the duration of therapy commencing on the three month anniversary
date of this order.
iv. that for a period of 20 months from the date she returns to practice, Dr. Wyatt will authorize the Ministry of Health to submit a summary of her monthly billings for the Registrar to review. Should the Registrar observe any billing pattern that suggests that Dr.
Wyatt is engaging in psychotherapy as prohibited by this order, he is directed to arrange for a peer review audit by a family physician selected by him. The auditor will examine Dr. Wyatt's records and provide a written report to the Registrar on whether Dr. Wyatt is
engaging in psychotherapy and, if so, the nature of it. Dr. Wyatt understands and agrees that the Registrar may take such action as is appropriate on the basis of these reports and she will be responsible for any costs associated with these reviews.
5. In the event that Dr. Wyatt fails to fulfill any of the above conditions, then the balance of her suspension will be served to commence on a date to be fixed by the Registrar.
Schedule "1"
For the purpose of this Order, psychotherapy shall mean any form of treatment for the maintenance of mental or emotional well being and any form of treatment for mental or emotional illness, behavioural maladaptations, and/or other problems that are assumed to be of a mental or emotional nature, in which a physician deliberately establishes a professional relationship with a patient for the purposes of maintaining, removing, modifying or retarding existing symptoms, or attenuating or reversing disturbed patterns of behaviour and of promoting positive personality growth and development. This is not intended to include occasional and incidental counselling that arises in the course of normal medical practice.
On February 1, 2011, the Discipline Committee, further to a motion by Dr. Wyatt, varied the Order of June 26, 2000 and directed the removal of the term, condition and limitation on Dr. Wyatt's certificate of registration prohibiting her from engaging in psychotherapy.