Resolution: Dr. Grant Matheson

(January 21, 2009)

In the matter of the Complaint of Kevin Kelly regarding Dr. Grant Matheson

Upon a review of the report  the “Report to Council Fitness to Practice Committee Complaint of Mr. Kevin Kelly against Dr. Grant Matheson October 28, 2008”(“Report”)

And Upon Council of the College of Physicians and Surgeons of Prince Edward Island (“Council”) considering the Report, the findings of the Fitness to Practice Committee (“Committee”) and the recommendations of the Committee

NOW THEREFORE for the reasons given in the Report which are adopted by Council, Council orders that:

1.    With respect to this complaint and the events of approximately 2002-2005, concerning incapacitation and unfitness pursuant to Section 34(8)(d)(ii)(B) of the Medical Act, the Council accepts and confirms the Committee’s finding that Dr. Matheson engaged in the practice of medicine while impaired by drugs and alcohol and was thus incapacitated, and that he committed professional misconduct by doing so, pursuant to the Regulations of the Medical Act, Section XI (j).

As sanctions have already been applied for similar misconduct committed during the same period of time, and as there is no evidence of re-offense, the Council accepts and confirms the Committee’s recommendation that no penalty be imposed, and that Dr.  Matheson’s licence, if reinstated, as hereinafter provided, will continue to be restricted such that he may never prescribe narcotics or controlled substances and that he is required to comply with the existent, or any subsequent Monitoring Agreement regarding his use of alcohol or drugs for as long as he remains licensed.

2.    With respect to the issue of narcotic diversion for Dr. Matheson’s personal use, the Council accepts and confirms the Committee’s  finding that Dr. Matheson has committed professional misconduct pursuant to the Regulations of the Medical Act, Section XI (n) and (q) and accepts and confirms the recommendation of the Committee and orders that his license to practice medicine be suspended for a period of one year consecutive to any other period of suspension.

3.    With respect to the issue of narcotic diversion by Dr. Matheson to Witness B, the Council accepts and confirms the Committee’s finding that Dr. Matheson has committed professional misconduct pursuant to the Regulations of the Medical Act, subsection XI (n) and (q), and accepts and confirms the recommendation of the Committee and orders that his licence to practice medicine be suspended for a period of one year consecutive to any other period of suspension herein before imposed.

4.    With respect to the issue of the standard of medical care provided to Mr. Kelly by Dr. Matheson, the Council accepts and confirms the Committee’s finding  that Dr. Matheson failed to practice to the standard of care due Mr. Kelly and committed professional misconduct pursuant to the Regulations of the Medical Act, Subsection XI(1)(n) and (q).  and accepts and confirms the recommendation and orders that:
A.    Pursuant to subsection 34(8)(d)(iii), that Dr. Matheson’s license (if reinstated) will continue to be restricted such that he may not prescribe narcotics or controlled substances;
B.    Dr. Matheson’s license to practice medicine be suspended for a period of one year consecutive to any other period of suspension hereinbefore imposed;
C.    Dr. Matheson be required, at his own expense, to take a course in medical record keeping provided by the College of Physicians and Surgeons of Ontario, or an alternative course acceptable to the Council, and that provision of acceptable documentation of such a course to be Registrar shall result in a shortening of this period of suspension by 3 months;
D.    Dr. Matheson be required, at his own expense, to submit to a formal assessment of his medical knowledge and skills by a body acceptable to the Council.  Should deficiencies be identified by that assessment, Dr. Matheson shall be required to undertake any continuing medical education activities required to remedy those deficiencies, of significant duration and acceptable to Council, and that provision of acceptable documentation of such a course to the Registrar shall result in a shortening of the period of suspension by 3 months.
E.    Should the assessment required in subsection “D” hereof not reveal any deficiencies requiring specific continuing medical education, Dr. Matheson shall be required to participate in refresher continuing medical education prior to any resumption of medical practice, of duration and content acceptable to the Council, and that provision of acceptable documentation of such continuing medical education shall result in a shortening of the period of suspension by 3 months.
F.    Dr. Matheson be required, at his own expense, to submit to a practice audit 6 months after resuming practice, to determining the adequacy of his medical records and of his medical care.

5.    With respect to the issue of violation of professional patient-physician boundaries, the Council accepts and confirms the Committee’s finding that Dr. Matheson has committed professional misconduct pursuant to the Regulations of the Medical Act, Subsection XI(q) and accepts and confirms the Committee’s recommendation and orders that:
A.    Dr. Matheson’s license to practice medicine be suspended for a period of 6 months consecutive to any other period of suspension hereinbefore imposed;
B.    Dr. Matheson be required to participate in an educational course on appropriate physician-patient boundaries provided by the College of Physicians and Surgeons of Ontario, or an alternative course considered acceptable by Council, and that provision of acceptable documentation to the Registrar shall result in a shortening of the period of suspension by 3 months.

6.    With respect to the issue of whether Dr. Matheson engaged in the practice of medicine while his license was under suspension, Council accepts and confirms the Committee’s recommendation that “no further action be taken.”

7.    With respect to the issue of Dr. Matheson providing non-narcotic prescriptions to Witness B, the Council accepts and confirms the Committee’s finding that Dr. Matheson committed professional misconduct pursuant to the Regulations of the Medical Act, Subsection XI(1)(q) accepts and confirms the Committee’s recommendations and orders that:
A.   Dr. Matheson be reprimanded, and that the fact of the reprimand is records in the Register in which his name is entered;
B.   Dr. Matheson be required to participate, at his own expense, in a course on medical ethics acceptable to Council.

8.     The Council orders that Dr. Matheson be fined $15,000.00.

9.     For purposes of clarity, the total period of suspension imposed  herein is 3.5 years (42 months).  If Dr. Matheson completes the retraining and educational requirements recommended in 4C, 4D (or 4E) and 5B above, the period of suspension may be reduced by up to 9 months.

10.      The Council orders that this Order takes effect February 10, 2009.

By Order of the Court of Appeal of Prince Edward Island dated February 3rd, 2009, the Council Order of January 22nd, 2009 was stayed pending final disposition of Dr. Matheson’s appeal of the said Council Order. As a consequence Dr. Matheson is permitted to continue his medical practice subject to the restrictions that were in place prior to January 22nd, 2009