Committee: Discipline
Decision Date: 10 Aug 2010
Summary:
On August 10, 2010, the Discipline Committee found that Dr. Portugal has committed an act of professional misconduct under paragraph 1(1)33 of Ontario Regulation 856/93 made under the Medicine Act, 1991, 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.
Between June 2007 and June 2009, a patient, through her authorized representative, sent approximately thirteen requests to Dr. Portugal requesting copies of all of his clinical notes and records from 2002 to present. Despite receiving these requests, Dr. Portugal failed to provide Patient A's clinical notes and records to the patient or her authorized representative.
Dr. Portugal stated that the delay in response to the patient s request was as a result of failures by his office to either respond to the requests or bring them to his attention and he has instituted changes in order to avoid similar problems in the future.
The Discipline Committee ordered and directed that:
1. The Registrar suspend Dr. Portugal's certificate of registration for a period of one month, which suspension shall itself be suspended if, within two months of the date of this Order:
i. Dr. Portugal retains the services of a third party organization/efficiency expert (the "TPO") to evaluate his current administrative practices;
ii. Dr. Portugal implements all reasonable recommendations made by the TPO regarding the management and day to day administration of his practice; and
iii. Dr. Portugal provides a letter from the TPO confirming that all reasonable recommendations have been implemented.
2. The Registrar impose the following terms, conditions and limitations on Dr. Portugal's certificate of registration:
(a) Dr. Portugal shall provide a report from the TPO twelve months after he implements all of their recommendations, confirming that his organization system remains working and that his practice is running efficiently; and
(b) Dr. Portugal shall successfully complete, at his own expense, the College's Medical Ethics and Informed Consent Course within twelve months of the date of this Order.
3. The terms, conditions and limitations in paragraph 2 herein shall be removed by the College after it receives confirmation that those terms, conditions and limitations have been fulfilled.
4. Dr. Portugal appear before the panel to be reprimanded.
5. Dr. Portugal pay to the College costs in the amount of $3,650 within 30 days of the date of this Order.
6. The results of this proceeding be included in the register.