Maal-Bared, Haya (CPSO#: 79019)

Current Status: Active Member as of 06 Aug 2017

CPSO Registration Class: Restricted as of 06 Mar 2017

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Female

Languages Spoken: Arabic, English, German

Education:University of Ottawa, 2003

Practice Information

Primary Location of Practice
Unit 211
101 Spadina Avenue
Toronto ON  M5V 2K2
Phone: (647) 347-8186
Fax: (647) 347-8187
Electoral District: 10
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Dr. Haya Maal-Bared Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Mar 22 2010

Shareholders:
Dr. H. Maal-Bared ( CPSO# 79019 )

Business Address:
Suite 211
101 Spadina Avenue
Toronto ON  M5V 2K2
Phone Number: (647) 347-8186

Specialties

Specialty Issued On Type
Psychiatry Effective: 30 Jun 2008 RCPSC Specialist

Postgraduate Training

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

University of Toronto, 01 Jul 2003 to 30 Jun 2004
PostGrad Yr 1 - Psychiatry

University of Toronto, 01 Jul 2004 to 30 Jun 2005
PostGrad Yr 2 - Psychiatry

University of Toronto, 01 Jul 2005 to 30 Jun 2006
PostGrad Yr 3 - Psychiatry

University of Toronto, 01 Jul 2006 to 30 Jun 2007
PostGrad Yr 4 - Psychiatry

University of Toronto, 01 Jul 2007 to 30 Jun 2008
PostGrad Yr 5 - Psychiatry

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 2003
Expired: Terms and conditions of certificate of registration Expiry: 30 Jun 2008
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 15 Jan 2009
Transfer of class of certificate to: Restricted certificate Effective: 06 Mar 2017
Terms and conditions imposed on certificate by member Effective: 06 Mar 2017
Suspension of registration imposed: Discipline Committee Effective: 06 Apr 2017
Suspension of registration removed Effective: 06 Aug 2017

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 06 Mar 2017 Active View Details [+]

            As from March 6, 2017, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Haya Maal-Bared, in
            accordance with an undertaking and consent given by Dr. Maal-Bared to the
            College of Physicians and Surgeons of Ontario:

                               UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                            ("Undertaking")
                                                  of
                                          DR. HAYA MAAL-BARED
                                          ("Dr. Maal-Bared")
                                                  to 
                             COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                            (the "College")

            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "ICR Committee" means the Inquiries, Complaints and Reports Committee of
                  the College;
                  
                  "NMS" means the Drug Program Services Branch, the Narcotics Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010;
                  
                  "OHIP" means the Ontario Health Insurance Plan.
                  
            (2)   I, Dr. Maal-Bared, certificate of registration number 79019, am a member
                  of the College.  The College has received information regarding my
                  standard of practice.

            (3)   I, Dr. Maal-Bared, acknowledge that the College initiated an
                  investigation bearing File Number 7215150 (the "Investigation").

            (4)   I,  Dr. Maal-Bared, acknowledge that, after the College receives an
                  original copy of this Undertaking as signed by me, no further action will
                  be taken on the Investigation. 

            B.    UNDERTAKING

            (5)   I, Dr. Maal-Bared, undertake to abide by the provisions of this
                  Undertaking, effective immediately.


            (6)   Clinical Supervision 

                  (a)   I, Dr. Maal-Bared, undertake to practise under the guidance of a
                        clinical supervisor(s) acceptable to the College (the "Clinical
                        Supervisor(s)"), for six (6) months ("Clinical Supervision"). 
                  
                  (b)   I, Dr. Maal-Bared, acknowledge that I have reviewed the Clinical
                        Supervisor(s)'s undertaking, attached hereto as Appendix "A", and
                        understand what is required of the Clinical Supervisor(s). The
                        Clinical Supervisor(s) will, at minimum: 
                  
                        (i)   Review at least ten (10) of my patient charts once every
                              month;
                  
                        (ii)  Meet with me once every month;
                  
                        (iii) Engage every two (2) months in  review of at least two (2)
                              full audio recorded patient appointments/assessments for
                              which I will obtain patient consent;
                  
                        (iv)  Discuss any concerns arising from the chart reviews;
                  
                        (v)   Make recommendations to me for practice improvements and
                              ongoing professional development and inquire into my
                              compliance with the recommendations; 
                  
                        (vi)  Perform any other duties, such as reviewing other documents
                              or conducting interviews with staff or colleagues, that the
                              Clinical Supervisor(s) deem necessary to my Clinical
                              Supervision; and
                  
                        (vii) Submit written reports to the College at least once every
                              month, or more frequently if the Clinical Supervisor(s) has
                              concerns about my standard of practice.
                  
                  (c)   I, Dr. Maal-Bared, acknowledge that the charts reviewed shall be
                        selected by the Clinical Supervisor(s) based on his/her review of
                        the report of the Medical Inspector dated July 7, 2016 and concerns
                        that may arise during the period of Clinical Supervision.
                  
                  (d)   I, Dr. Maal-Bared, undertake to cooperate fully with the Clinical
                        Supervision of my practice, conducted under the term of this
                        Undertaking and Appendix "A" attached, and to abide by the
                        recommendations of my Clinical Supervisor(s), including but not
                        limited to, any reasonable recommended practice improvements and
                        ongoing professional development.
                  
                  (e)   I, Dr. Maal-Bared, undertake to ensure that Appendix "A" to this
                        Undertaking, is signed and delivered to the College within thirty
                        (30) days of the date I execute this Undertaking. 
                  
                  (f)   I, Dr. Maal-Bared, undertake that if a person who has given an
                        undertaking in Appendix "A" to this Undertaking is unable or
                        unwilling to continue to fulfill its provisions, I 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)   I, Dr. Maal-Bared, agree that if I am unable to obtain a Clinical
                        Supervisor on the provisions set out under sections (6)(e) and/or
                        (f) above, I will cease practising medicine until such time as I
                        have obtained a Clinical Supervisor acceptable to the College.  
                  
                  (h)   I, Dr. Maal-Bared, agree that if I am required to cease practise as
                        a result of section (6)(g) above this will constitute a term,
                        condition or limitation on my certificate of registration and that
                        term, condition or limitation will be included on the public
                        register.
                  
            (7)   Reassessment of Practice

                  (a)   I, Dr. Maal-Bared, undertake that, after the completion of the
                        Clinical Supervision set out in section (6) above and Appendix "A"
                        attached, I will submit to a Reassessment of my practice ("the
                        Reassessment") by an assessor or assessors selected by the College
                        (the "Assessor(s)").  I acknowledge and agree that the Reassessment
                        may include, in the discretion of the assessor, a chart review,
                        review of my care via audio recording of sessions (for which I will
                        obtain patient consent), interviews with colleagues and co-workers,
                        feedback from patients and any other tools deemed necessary by the
                        College. 
                  
                  (b)   I, Dr. Maal-Bared, undertake to co-operate fully with the
                        Reassessment, conducted under the term of this Undertaking.
                  
                  (c)   I, Dr. Maal-Bared, acknowledge and agree that my Clinical
                        Supervisor(s) may receive and review the findings of the
                        Assessor(s), and may discuss with the Assessor(s) any issues or
                        concerns arising from the Reassessment.  I also acknowledge that
                        the results of the Reassessment will be provided to me and reported
                        to the College and the report may form the basis of further action
                        by the College.
                  
                  (d)   I, Dr. Maal-Bared, understand and agree that if I am of the view
                        that any of the Assessor(s)'s recommendations are unreasonable, I
                        will have thirty (30) days following my receipt of the
                        recommendations within which to provide the College with my
                        submissions in this regard.  I further understand and agree that
                        thereafter, the ICR Committee will consider my submissions and make
                        a determination regarding whether or not the recommendations, or
                        any of them, are reasonable and if so, whether they, or any of
                        them, constitute limitations or restrictions on my practice, and
                        that decision will be provided to me.
                  
                  (e)   I, Dr. Maal-Bared, undertake that, following the decision
                        referenced in section (8)(d) above, I will abide by those
                        recommendations of the Assessor(s) that the ICR Committee has
                        determined are reasonable. 
                  
                  (f)   I, Dr. Maal-Bared, hereby consent to any of the following being
                        included on the public register as terms, conditions or limitations
                        on my certificate of registration, for the purposes of section 23
                        of the Code: 
                  
                        (i)   any recommendations of the Assessor(s) which are terms,
                              conditions or limitations on my practice;  
                  
                        (ii)  any recommendations of the Assessor(s) which the ICR
                              Committee has identified in its decision referenced in
                              section (7)(d) as terms, conditions or limitations on my
                              practice.
                  
            (8)   Monitoring 

                  (a)   I, Dr. Maal-Bared, undertake to inform the College of each and
                        every location that I practise or have privileges, including, but
                        not limited to, hospital(s), clinic(s) and office(s), in any
                        jurisdiction (collectively my "Practice Location(s)"), within
                        fifteen (15) days of executing this Undertaking.  Going forward, I
                        further undertake to inform the College of any and all new Practice
                        Locations within fifteen (15) days of commencing practice at that
                        location.
                  
                  (b)   I, Dr. Maal-Bared, undertake and agree that I will submit to, and
                        not interfere with, unannounced inspections of my Practice
                        Location(s) and patient records by a College representative for the
                        purposes of monitoring my compliance with the provisions of this
                        Undertaking.
                  
                  (c)   I, Dr. Maal-Bared, give my irrevocable consent to the College to
                        make appropriate enquiries of OHIP, NMS and/or any person who or
                        institution that may have relevant information, in order for the
                        College to monitor my compliance with the provisions of this
                        Undertaking. 
                  
                  (d)   I, Dr. Maal-Bared, acknowledge that I have executed the OHIP and
                        NMS consent form(s), attached hereto as Appendix "B" and Appendix
                        "C", respectively. 
                  
            C.    ACKNOWLEDGEMENT

            (9)   I, Dr. Maal-Bared, acknowledge that all appendices attached to or
                  referred to in this Undertaking form part of this Undertaking.

            (10)  I, Dr. Maal-Bared, acknowledge and undertake that I shall be solely
                  responsible for payment of all fees, costs, charges, expenses, etc.
                  arising from the implementation of any of the provisions of this
                  Undertaking. 

            (11)  I, Dr. Maal-Bared, acknowledge that I have read and understand the
                  provisions of this Undertaking and that I have obtained independent legal
                  counsel in reviewing and executing this Undertaking, or have waived my
                  right to do so.

            (12)  I, Dr. Maal-Bared, acknowledge that the College will provide this
                  Undertaking to any Chief of Staff, or a colleague with similar
                  responsibilities, at any Practice Location ("Chief(s) of Staff").

            (13)  I, Dr. Maal-Bared, acknowledge that a breach by me of any provision of
                  this Undertaking may constitute an act of professional misconduct and/or
                  incompetence, and may result in a referral of specified allegations to
                  the Discipline Committee of the College.

            (14)  I, Dr. Maal-Bared, acknowledge that this Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code. 

            (15)  I, Dr. Maal-Bared, acknowledge that this Undertaking shall be posted on
                  the College's Register that is available to the public during the time
                  period that the Undertaking remains in effect.

            (16)  I, Dr. Maal-Bared, acknowledge that the following summary will appear on
                  the College's Register that is available to the public during the time
                  period that this Undertaking remains in effect:

                  Dr. Maal-Bared was the subject of a College investigation. As a result of
                  the investigation, Dr. Maal-Bared has agreed to the following:
                  
                        "Dr. Maal-Bared will practise under the guidance of a Clinical
                        Supervisor acceptable to the College for six (6) months. 
                  
                        "Dr. Maal-Bared's practice will be reassessed by an assessor
                        selected by the College at the end of the period of Clinical
                        Supervision.
                  
            D.    CONSENT

            (17)  I, Dr. Maal-Bared, give my irrevocable consent to the College to provide
                  the following information to all Clinical Supervisors, and/or Assessors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and 
                  
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (18)  I, Dr. Maal-Bared, give my irrevocable consent to the College to provide
                  all Chief(s) of Staff with any information the College has that led to
                  the circumstances of my entering into this Undertaking and/or any
                  information arising from the monitoring of my compliance with this
                  Undertaking.

            (19)  I, Dr. Maal-Bared, give my irrevocable consent to all Clinical
                  Supervisors, Chiefs of Staff and Assessors, to disclose to the College,
                  and to one another, any information:

                  (a)   relevant to this Undertaking;
                  
                  (b)   relevant to the provisions of the Clinical Supervisor's undertaking
                        set out at Appendix "A";
                  
                  (c)   relevant to the Reassessment;
                  
                  (d)   relevant for the purposes of monitoring my compliance with this
                        Undertaking. 

Previous Hearings

Committee: Discipline
Decision Date: 06 Apr 2017
Summary:

On April 6, 2017, the Discipline Committee found that Dr. Maal-Bared committed an act of 
professional misconduct in that:  she has failed to maintain the standard of practice of the 
profession and in that she 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 in relation to her failure to maintain appropriate 
boundaries with her patients as described below. 
  
Dr. Maal-Bared is a psychiatrist who received her certificate of registration authorizing 
independent practice in Ontario on January 15, 2009 and started her solo practice as a 
psychiatrist in February 2009. 
 
In and around 2009 to 2011, Dr. Maal-Bared provided individual psychotherapy treatment to 
Patient A (a teenager), Patient B (Patient A’s mother), and Patient C (Patient B’s common law 
spouse), collectively referred to as “the Family”. Although Dr. Maal-Bared told Patients A and B 
that it was “not usually advisable” for psychiatrists to treat members of the same family in 
individual psychotherapy due to the possibility that one may forget the source of a piece of 
information thereby threatening confidentiality, Patients A and B said they were agreeable to her 
treating them both.  
 
Failure to Maintain Boundaries 
 
Dr. Maal-Bared and Patient B developed a friendship shortly after Patient B became her patient. 
While treating the Family, Dr. Maal-Bared socialized with them including visiting the Family at 
their home, attending Patient A’s birthday party, going out to meals together, and attending one 
of Patient A’s events. Dr. Maal-Bared and her husband, who was an artist, attended a “life 
drawing class” with the Family. Life drawing classes involve drawing a person from 
observation of a live nude model.  

While socializing with Patient B, Dr. Maal-Bared shared information with her about her personal 
life and marital issues, gave Patient B skincare oil and some clothes she no longer wore. She also 
commissioned a piece of work from Patient A, which she paid for but ultimately decided not  to 
accept. Dr. Maal-Bared and Patient B regularly exchanged emails and used nicknames for each 
other. Dr.  Maal-Bared  was  “Eva”  and  Patient  B  was  “Zsa  Zsa”,  referring  to  the  Hollywood 
actresses and sisters Eva and Zsa Zsa Gabor. 

While Dr. Maal-Bared was her physician, Dr. Maal-Bared hired Patient B as her administrative 
and personal assistant. Patient A and Patient C were aware of and did not object to this 
arrangement. Patient B’s administrative work provided her with access to Dr. Maal-Bared's 
patients' medical records. Patient B’s responsibilities included organizing patient records and 
creating a database of patient contact information. Dr. Maal-Bared was aware that Patient B was 
working on a database of patient contact information from home and had made copies of patient 
contract information sheets. Dr. Maal-Bared’s position is that she had no knowledge and did not 
permit Patient B to remove medical records from her office. 

As Dr. Maal-Bared’s personal assistant, Patient B worked in Dr. Maal-Bared’s home, 
including organizing her closet, and helped Dr. Maal-Bared with personal errands, , such as driving 
her to the veterinarian once. Dr. Maal-Bared also hired Patient A to clean her office on a 
number of occasions. Patient B arranged for Patient C to purchase a computer for Dr. Maal-
Bared and install software on it. Patient C also took professional photographs of Dr. Maal-Bared.  
Dr. Maal-Bared hired Patient B’s sister to move a desk for her.  

At Dr. Maal-Bared’s request, as part of her administrative work, Patient B arranged to have her 
father who lived in the U.S. and sister pick up art work that Dr. Maal-Bared had ordered. 
Patient B’s sister brought it across the U.S. border to Toronto for Dr. Maal-Bared. Dr. Maal-
Bared later asked her father to pick up the artwork from the Family’s home.  

Dr. Maal-Bared attended in person at a hospital with the Family when Patient B’s nephew 
became ill to advocate for his admission. 

By the end of May 2012, Dr. Maal-Bared’s relationship with the Family broke down, at which 
time Dr. Maal-Bared apologized to Patient B, and acknowledged that the situation was Dr. Maal-
Bared’s fault and that if they wanted to make a complaint to address their concerns, she would 
cooperate. In May 2014, the Family sent letters of complaint to the College. In her response 
to the Family’s complaints, Dr. Maal-Bared acknowledged that she had compromised 
professional boundaries by developing a personal and employment relationships with the 
Family. 

On April 6, 2017, the Committee ordered and directed on the matter of penalty and costs that: 
 
-  The Registrar suspend Dr. Maal-Bared’s certificate of registration for a period of four (4) 
   months effective immediately. 
-  Dr. Maal-Bared attend before the panel to be reprimanded. 
-  Dr. Maal-Bared pay costs to the College in the amount of $5,500.00 within thirty (30) days 
   of the date this Order becomes final.

Decision: Download Full Decision (PDF)
Hearing Date(s): April 6, 2017

Concerns

Source: Member
Active Date: March 6, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Haya Maal-Bared to the College of Physicians and Surgeons of Ontario, effective March 6, 2017.

Dr. Maal-Bared was the subject of a College investigation. As a result of the investigation, Dr. Maal-Bared has agreed to the following:

Dr. Maal-Bared will practise under the guidance of a Clinical Supervisor acceptable to the College for six (6) months.

Dr. Maal-Bared's practice will be reassessed by an assessor selected by the College at the end of the period of Clinical Supervision.