Order on Consent – Dr. Paul Phelan

On September 28, 2022 a complaint was filed by BM regarding the care provided to her brother by his family physician, Dr. Paul Phelan. The Investigation Committee (the “Committee”) investigated the complaint and discovered evidence which led the Committee to conclude that Dr. Phelan’s conduct may constitute professional misconduct as outlined in the Regulated Health Professions Act (RHPA) sections 57(1) (a), (a.1) and (e), and the Medical Practitioners Regulations section 34(1)(z), or incompetence as outlined in the RHPA sections 57(2) (a)(i) and (ii):

57. Professional misconduct

(1) The conduct of a respondent may be found to constitute professional misconduct if

(a) the respondent contravenes this Act, the regulations, the bylaws, standards of practice, code of ethics or practice directions in a manner that, in the opinion of the investigation committee or the hearing committee relates to the respondent’s suitability to practice a regulated health profession;

(a.1) in the opinion of the investigation committee or the hearing committee, the conduct is harmful to the best interests of a client or other person, or to the integrity of the profession;

(e) the conduct of the respondent constitutes professional misconduct as set out in the regulations.

57. Incompetence

(2) The conduct of a respondent may be found to constitute incompetence where

(a) an act or omission of the respondent

(i) demonstrates a lack of knowledge, skill or judgment,
(ii) demonstrates disregard for the safety or welfare of a client,

RHPA Medical Practitioners Regulations

34. Conduct that constitutes professional misconduct

(1) pursuant to clause 57(1)(e) of the Act, in addition to the matters set out in subsection 57(1) of the Act, professional misconduct by a member includes

(z) engaging in conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by medical practitioners as disgraceful, dishonorable or unprofessional.

The Committee determined that several Orders should be issued, and Dr. Phelan accepted the findings of the Committee and consented to the following Orders:

1. Dr. Phelan be issued a letter of reprimand by the Registrar, for performing frequent unnecessary digital rectal exams, and using an outdated historic technique with the patient supine.

2. Dr. Phelan shall be required to successfully complete an educational review/course on Digital Rectal Exams of the prostate such as a personal learning plan developed by Dr. Stephen Miller from Dalhousie University, who is the Associate Dean of Continuing Professional Development and Medical Education. This review/course is at the expense of Dr. Phelan.

If Dr. Phelan were to find another similar course, it could be forwarded to the Committee for prior approval. This course should be completed within 6 months of the date this document is signed with proof of attendance provided to the College.

3. Dr. Phelan shall be required to successfully complete a comprehensive course on Maintaining Patient Boundaries such as PROBE Ethics & Boundaries Course offered June 20 – 22, 2024 or July 11-13, 2024 or August 8-10, 2024. This course is at the expense of Dr. Phelan.

https://www.cpepdoc.org/cpep-courses/probe-ethics-boundaries-program-united-states-2/

4. Dr. Phelan shall be issued a fine in the amount of $2000.00 to be paid within 30 days of the date this document is signed.

Upon completion of the requirements of these Orders, the discipline process pertaining to the BM complaint against Dr. Phelan will be concluded.