Foote, Clary Jefferson (CPSO#: 91685)

Current Status: Expired: Committee terms and conditions as of 30 Sep 2015

CPSO Registration Class: None as of 30 Sep 2015

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:Dalhousie University, 2009

Practice Information

Primary Location of Practice
Practice Address Not Available

Postgraduate Training

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

McMaster University, 01 Jul 2009 to 30 Jun 2010
PostGrad Yr 1 - Orthopedic Surgery

McMaster University, 01 Jul 2010 to 30 Jun 2011
PostGrad Yr 2 - Orthopedic Surgery

McMaster University, 01 Jul 2011 to 30 Jun 2012
PostGrad Yr 3 - Orthopedic Surgery

McMaster University, 01 Jul 2012 to 30 Jun 2013
PostGrad Yr 4 - Orthopedic Surgery

McMaster University, 01 Jul 2013 to 30 Jun 2014
PostGrad Yr 3 - Orthopedic Surgery

McMaster University, 01 Jul 2014 to 11 Nov 2014
PostGrad Yr 3 - Orthopedic Surgery

McMaster University, 12 Nov 2014 to 30 Jun 2015
PostGrad Yr 4 - Orthopedic Surgery

McMaster University, 01 Jul 2015 to 30 Jun 2016
PostGrad Yr 4 - Orthopedic Surgery

McMaster University, 01 Jul 2016 to 31 Jan 2017
PostGrad Yr 4 - Orthopedic Surgery

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 2009
Expired: Terms and conditions of certificate of registration Expiry: 30 Jun 2015
Subsequent certificate of registration issued: Restricted certificate Effective: 01 Jul 2015
Expired: Terms and conditions imposed on certificate by Registration Committee Effective: 30 Sep 2015
Suspension of registration imposed: Discipline Committee Effective: 19 Jul 2016
Suspension of registration removed Effective: 19 Aug 2016

Previous Hearings

Committee: Discipline
Decision Date: 07 Jan 2016
Summary:

On January 7, 2016, the Discipline Committee found that Dr. Clary Jefferson Foote committed 
an act of professional misconduct in that he has engaged in 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. Dr. Foote admitted to the 
allegation. 
 
Dr. Foote completed four years of an orthopedic surgery residency at McMaster University. He 
held a restricted Postgraduate Education Certificate with the College of Physicians and Surgeons 
of Ontario from July 1, 2009 to September 30, 2015. He does not currently hold an active 
certificate of registration with the College.   
In the course of his orthopedic surgery residency, Dr. Foote planned to complete an elective 
offered through Dalhousie University at a Hospital in Nova Scotia, to begin on October 22, 2013.   
 
In order to be accepted for the elective, Dr. Foote was required to submit letters of support from 
his program director and program chair at McMaster. In addition, he was required to obtain an 
educational license from the College of Physicians and Surgeons of Nova Scotia, for which he 
was required to submit a letter from his program director confirming that the elective had been 
approved by McMaster. 
 
Dr. Foote submitted two letters of support to the Hospital, one purportedly signed by his program 
director, and one purportedly signed by his program chair. In fact, neither of them had reviewed, 
approved or signed the letters prior to their submission to the Hospital by Dr. Foote. Dr. Foote 
created the letters of support by modifying letters of recommendation on his behalf previously 
written by these physicians and affixing their signatures electronically. Dr. Foote had submitted 
drafts of the letters of support to the program director and program chair prior to affixing their 
signatures to the letters. However neither of them had approved the letters, provided his consent 
to have his signature affixed to the letter, or agreed that the letters could be submitted to the 
Hospital prior to Dr. Foote doing so.  
 
Dr. Foote also submitted a letter to the Nova Scotia College purportedly signed by his program 
director confirming that the elective had been approved by McMaster. His program director had 
orally advised Dr. Foote that the elective had been approved, however, Dr. Foote created the 
letter and affixed the program director’s signature to the letter without Dr. Petrisor’s knowledge, 
consent or approval.   
 
Dr. Foote advised the College that he affixed the signatures to the three letters and submitted 
these letters to the Hospital and the Nova Scotia College without the knowledge, consent or 
approval of his program director and program chair because Dr. Foote had given himself 
insufficient time to complete the application process for the elective at the Hospital and was 
concerned that he would miss the deadline for application. 

PENALTY AND COSTS 
 
On July 19, 2016, the Committee ordered and directed that:  
   -  Dr. Foote appear before the panel to be reprimanded; 
-  The Registrar suspend Dr. Foote’s Certificate of Registration for a one month period, to 
   commence at 12:01 a.m. on the date of this Order; 
-  The Registrar impose the following as a term, condition and limitation on Dr. Foote’s 
   certificate of registration: 
      -  At his own expense, Dr. Foote shall participate in and successfully complete, 
         within 6 months of the date of this Order, 5 hours of individualized instruction in 
         medical ethics with an instructor approved by the College. The instructor shall 
         provide a summative report to the College including his or her conclusion about 
         whether the instruction was completed successfully by Dr. Foote; and 
-  Dr. Foote pay to the College its costs of this proceeding in the amount of $5,000 within 
   thirty (30) days from the date of this Order.

Decision: Download Full Decision (PDF)
Hearing Date(s): January 7, 2016