Gutman, Mory Mayer (CPSO#: 28253)

Current Status: Active Member as of 10 Dec 2017

CPSO Registration Class: Restricted as of 11 Nov 2011

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Toronto, 1975

Practice Information

Primary Location of Practice
Suite 201
2318 Lakeshore Blvd W
Toronto ON  M8V 1B5
Phone: (416) 259-8898
Fax: (416) 259-8896
Electoral District: 10

Medical Records Location

Instructions: Dr. Gutman’s medical records can be obtained by contacting (416) 622-2211
Date Received: 11 Feb 2010

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 16 Jun 1975
Transfer of class of registration to: Independent Practice Certificate Effective: 21 Jun 1976
Transfer of class of certificate to: Restricted certificate Effective: 25 Sep 2009
Terms and conditions imposed on certificate by member Effective: 25 Sep 2009
Expired: Failure to Renew Membership Expiry: 05 Aug 2010
Subsequent certificate of registration issued: Restricted certificate Effective: 11 Nov 2011
Terms and conditions amended by Discipline Committee Effective: 19 Nov 2018

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Discipline Committee Effective: 19 Nov 2018 Active View Details [+]
            (1)   As from 11:59 pm, November 19, 2018, 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. Mory Mayer Gutman

                  (i)   Dr. Gutman will successfully complete one-on-one instruction in
                        medical ethics with an instructor approved by the College, at his
                        own expense, and shall provide proof of completion to the College
                        prior to his resumption of practice;
                  
                  (ii)  Dr. Gutman will successfully complete instruction in understanding
                        boundaries through a course approved by the College, at his own
                        expense, and shall provide proof of completion to the College prior
                        to his resumption of practice;
                  
            (2)   As from November 11, 2011, by order of the Discipline Committee of the
                  College of Physicians and Surgeons of Ontario on January 7, 2011, the
                  following terms, conditions and limitations are imposed on the
                  certificate of registration held by Dr. Mory Mayer Gutman: 

                  a)    Dr. Gutman shall not engage in professional encounters with any
                        female patients.
                  
                  b)    Dr. Gutman shall not prescribe any of the followng 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)
                  
                        (iv) Benzodiazepines/Other Targeted Substances (from the
                        Benzodiazepines/Other Targeted Substances Regulations made under
                        the Controlled Drugs and Substances Act, S.C., 1996, c. 19).
                  
                  c)    Dr. Gutman shall post a clearly visble sign in his waiting room in
                        the form set out in Schedule C to the Order.  For further clarity,
                        this sign shall state as follows: "Dr. Gutman has relinquished his
                        prescribing privileges with resepct 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.
                  
            (3)   As from October 13, 2011, by order of the Registration 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. Mory Mayer Gutman:

                  1.    Dr. Mory Mayer Gutman may practise medicine independently.

                  2.    Dr. Gutman may practise medicine only in the areas of medicine in
            which he is 
                        educated and experienced.

                  3.    The Discipline Committee decision of January 7, 2011, and the
            Terms, Conditions 
                        and Limitations imposed by the Discipline Committee apply to Dr.
            Gutman's 
                        certificate of registration.

Previous Hearings

Committee: Discipline
Decision Date: 24 Aug 2017
Summary:

On August 24, 2017, the Discipline Committee found that Dr. Mory Mayer Gutman committed 
an act of professional misconduct, in that he has 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. 
 
Allegations referred by Notice of Hearing dated September 21, 2016 and Notice of Hearing 
dated June 13, 2017 were dealt with in one hearing. 
 
Dr. Gutman is a physician practising family medicine in Toronto.  
 
Previous Discipline History with the College 
  
In 2011, Dr. Gutman was found to have engaged in professional misconduct, in that he failed to 
maintain the standard of practice and 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. Further to the Order of the 
Discipline Committee, Dr. Gutman was, among other things, prohibited from prescribing 
Narcotic Drugs/Preparations, Controlled Drugs, Benzodiazepines and other Targeted Substances 
and he was prohibited from engaging in professional encounters with any female patients.  
 
A. Prescribing Contrary to the Discipline Committee’s restrictions 
 
In January of 2013 the College received information from a pharmacist, that Dr. Gutman had 
prescribed Testosterone gel, which is a controlled substance, to a male patient in 2012 and 2013, 
contrary to the terms of his prescribing restriction by the Order of the Discipline Committee.  In 
May of 2014, the Inquiries, Complaints and Report Committee (ICRC) advised Dr. Gutman to be 
vigilant to ensure that he does not breach the terms of his certificate of registration.  In 2016 
information from the Narcotics Monitoring System (NMS) for the time period of April 1, 2013 to 
August 13, 2015, was received by the College, raising concerns that Dr. Gutman had prescribed 
contrary to the terms of the Discipline Committee Order.  
 
The College commenced an investigation. 
 
Prescribing Controlled Substances: 
 
Testosterone: Dr. Gutman prescribed ten repeats of Testosterone gel to Patient 1 in October 
2012. He was unaware that Testosterone was a controlled substance and therefore a medication 
he was prohibited from prescribing. 
       
Sublinox: Dr. Gutman prescribed Sublinox to Patient A on two occasions in October 2014; to 
Patient B on three occasions in September 2014; to Patient C on two occasions (with 8 refills on 
a second occasion) in October 2014; to Patient D on two occasions in February 2014 and in April 
2016; to Patient E on two occasions in October 2014 and April 2016. Dr. Gutman was unaware 
that Sublinox was a controlled substance and therefore a medication that he was prohibited from 
prescribing. The prescribing occurred prior to a pharmacist bringing to his attention that this 
substance was designated as a controlled drug. 
       
Phenobarbital: Dr. Gutman authorized eight refills of phenobarbital to Patient F, an elderly 
patient who suffers from intellectual impairment and seizures, in March 2014. Dr. Gutman was 
aware that Phenobarbital is a controlled substance at the time he prescribed it. The prescribing 
occurred in error when Dr. Gutman was renewing batch prescriptions of medication prescribed 
by Patient F’s previous physician. 
       
Clobazam: Dr. Gutman prescribed Clobazam to Patient G, a young man with recurrent seizures, 
on one occasion in February 2016. Dr. Gutman was asked to authorize a refill Patient G’s anti-
convulsant medications. Dr. Gutman authorized a refill of Levetiracetam (an anti-convulsant, but 
not a controlled drug) and also authorized Clobazam (also used as an anti-convulsant, but which 
is a benzodiazepine which Dr. Gutman is prohibited from prescribing). Dr. Gutman was not 
aware that Clobazam is a benzodiazepine at the time he prescribed it. The prescribing occurred in 
error when Dr. Gutman was renewing batch prescriptions for medication prescribed by Patient 
G’s previous physician. 
 
B. Assessing a Female Patient contrary to the Discipline Committee’s Restriction  
 
The College received information in November of 2016, that Dr. Gutman may have conducted 
an assessment of a female patient, contrary to the terms of the Discipline Committee restrictions. 
The College commenced an investigation. 
 
Dr. Gutman was contacted by a member of Patient H’s family, with a request that Dr. Gutman 
find a physician to assess a female patient, who was in her mid-90s at the time. At issue was the 
patient’s capacity to vary her will and execute a new Power of Attorney. Dr. Gutman had 
conducted a prior assessment of this patient ten years earlier, prior to his restriction from seeing 
female patients.  
 
On October 14, 2016, Dr. Gutman conducted a capacity assessment of this female patient. He did 
not retain a record of the encounter and did not bill OHIP.   
 
Dr. Gutman understood that there was a degree of urgency to the request made to him as the 
family was having difficulty finding a physician to conduct the assessment.  He believed that the 
Order of the Discipline Committee and the terms of his certificate of registration did not 
encompass the assessment of this female patient, given that the patient was in her mid-90s. 
 
Disposition 
 
On November 10, 2017, the Discipline Committee ordered and directed that: 
 
 -  The Registrar suspend Dr. Gutman’s Certificate of Registration for a period of seven (7) 
    months, effective 30 days from the date of this Order. 
 -  The Registrar impose the following terms, conditions, and limitations on Dr. Gutman’s 
    Certificate of Registration: 
      -  Dr. Gutman will successfully complete one-on-one instruction in medical ethics with 
         an instructor approved by the College, at his own expense, and shall provide proof of 
         completion to the College prior to his resumption of practice; 
      -  Dr. Gutman will successfully complete instruction in understanding boundaries 
         through a course approved by the College, at his own expense, and shall provide 
         proof of completion to the College prior to his resumption of practice; 
   -  Dr. Gutman appear before the Committee to be reprimanded within 90 days 
      of the date of this Order. 
   -  Dr. Gutman pay to the College costs in the amount of $5,500.00 within thirty (30) days of 
      the date of this Order. 
 
On December 8, 2017, Dr. Gutman appealed the penalty decision of the Discipline Committee to 
the Ontario Superior Court of Justice (Divisional Court). Pursuant to s. 25(1) of the Statutory 
Powers Procedure Act, the appeal operated as a stay of the decision pending the outcome of the 
appeal.  
 
On November 19, 2018, the Divisional Court dismissed Dr. Gutman’s appeal. Therefore, the 
penalty decision of the Discipline Committee is in effect.

Decision: Download Full Decision (PDF)
Hearing Date(s): August 24, 2017


Committee: Discipline
Decision Date: 07 Jan 2011
Summary:

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 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 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 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 
      participation. 
 
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, 
      2011.

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): January 7, 2011