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This profile was last updated on 1/24/04  and contains information from public web pages.

Dr. Barry Alan Miller

Wrong Dr. Barry Alan Miller?
 
Background

Employment History

  • Psychiatrist and Neurologist
    Martinez Health Center
  • Director of the Northern Mental Health Outreach Project and Associate Director of the Mental Health Department and Community Health Services
    University of Manitoba
  • Associate Professor and Section Head of Child and Adolescent Psychiatry At the Health Sciences Centre
    University of Manitoba
  • Psychiatrist
    Patient X
  • Psychiatrist

Education

  • Faculty of Law
  • Law Degree
    University of Western Ontario
6 Total References
Web References
Healthy Outlook: Treating Depression: How to Offset Pill Side Effects - Contra Costa Health Services
www.cchealth.org, 24 Jan 2004 [cached]
By Dr. Barry Miller
...
When she did go, it took all of her strength just to get out of bed in the morning.And some days, she didn't get up at all.
Her depression was back.She became withdrawn, tired, distracted and irritable.She had stopped taking her Prozac six weeks before because it had caused her to lose interest in sex.When taking the medicine, she slept better and her mood improved.But her sex drive seemed to disappear, and nothing she or her husband did seemed to help.She was too embarrassed to tell her doctor, so she stopped taking the medicine without telling him.
...
Dr. Miller is a psychiatrist and neurologist who practices child and adult psychiatry at the Martinez Health Center.
Discipline Committee Decisions - Nov/Dec '03
cpso.on.ca, 1 Jan 2003 [cached]
Dr. Barry Alan Miller
...
It was alleged that Dr. Miller has committed an act of professional misconduct, in that the governing body of a health profession in a jurisdiction other than Ontario had found that Dr. Miller committed an act of professional misconduct that would, in the opinion of the panel, be an act of professional misconduct as defined in the Ontario regulations.
Response to Allegation
Dr. Miller accepted the allegation.
Evidence
On October 5, 1994, Dr. Miller pleaded guilty to allegations of professional misconduct and unfitness to practise medicine before a discipline panel of the College of Physicians and Surgeons of Manitoba (the "CPSM").The CPSM found Dr. Miller guilty of professional misconduct in respect of the following allegations:
Dr. Miller engaged in sexual impropriety, including sexual intercourse, with a patient who attended him for psychoanalysis and other treatment between May 1992 and May 1993; and Dr. Miller falsified a number of entries in the patient's medical chart for the period October 1992 to June 1993.
During his career in Manitoba, Dr. Miller held several senior posts which included Director of the Northern Mental Health Outreach Project, and Associate Director of the Mental Health Department and Community Health Services at the University of Manitoba.Additionally, he was Associate Professor and Section Head of Child and Adolescent Psychiatry at the Health Sciences Centre at St. Boniface General Hospital and at the University of Manitoba.
Patient X became a patient of Dr. Miller in 1986.She had a history of sexual abuse by her father.She had been treated by other psychiatrists, prior to beginning treatment with Dr Miller.Patient X was a medical student when Dr. Miller first saw her in 1986.She graduated from medicine in 1988 and remained a patient of Dr. Miller until 1993.
After graduating, Patient X specialized in psychiatry and this increased the professional and extra-therapeutic contact with Dr. Miller.He was her supervisor on a number of occasions during her training and they did several projects together which required more extended contact between them, including a project that required travelling together several times.
Dr. Miller saw her very frequently for psychoanalysis and/or psychotherapy.There were also many periods of extra-therapeutic and extra-professional social contact between them.In early 1991, Patient X demonstrated idealized transference to Dr. Miller and later this became a highly eroticized transference.Other boundary violations occurred, including sexual intercourse between them from May 1992 to May 1993, during their trips together.Throughout this professional relationship, Patient X's psychotherapy was continued.
Dr. Miller was Patient X's psychiatrist, her colleague, her teacher, and her supervisor during this period when the boundary violations and sexual intercourse occurred.There was no evidence that Dr. Miller sought other professional opinions or help in dealing with such a complex case as Patient X. Though he recognized her intense transference, he did not refer her to any other psychiatrist.
Evidence was presented that showed the significant damage that was done to Patient X by the breach of trust, the violations of boundaries, and the sexual impropriety by Dr. Miller.
Regarding Dr. Miller's falsification of records, there was significant evidence of very irregular and deficient documentation of Patient X's treatment in her medical chart, which placed doubt on the authenticity of the information.An assessment by a document expert demonstrated significant irregularities that suggested tampering with the chart.The expert's report describes irregularities in the recordings, omission of recordings, backdating, and evidence of probable removal of pages from the chart.At times, the MHSC billings did not correlate with the information contained in the charts.
An example of the deficient recording was that the chart contained only 43 entries for a total of 740 sessions of treatment of Patient X by Dr. Miller over many years.This amounted to only 5.5% of the attendances.The chart was also arranged to mask the occurrence of the third weekly visit paid for by Patient X.
The CPSM agreed to the following penalty, which was based on a joint submission by counsel:
Dr. Miller's name be erased from the Medical Register; Dr. Miller pay the CPSM costs in the sum of $20,000; and The terms of an agreement made between the CPSM and Dr. Miller dated September 27, 1994, be adopted and form part of the disposition.
The agreement referred to in paragraph 3 above provided for, among other things, limits on Dr. Miller's right to apply for restoration of his name to the Medical Register.
Dr. Miller moved to Ontario in September 1995.He enrolled at the Faculty of Law at the University of Western Ontario, where he successfully completed a Law Degree and subsequently the Bar Admission Course and his articles.
The CPSO delivered to Dr. Miller the Notice of Hearing, referred to above, when it became aware of Dr. Miller's intention to return to practise in Ontario.
Findings
Based on the evidence set out above, the Discipline Committee found that Dr. Miller had committed an act of professional misconduct.
Evidence regarding Penalty
Dr. Miller has had ongoing psychiatric therapy since the revocation of his license in Manitoba.This therapy was continued when he moved to Ontario.Evidence was presented regarding Dr. Miller's progress in psychotherapy since the CPSM revocation.
In July 2000, the CPSO referred Dr. Miller to the Homewood Health Centre for assessment to determine his fitness to practise in Ontario at that time.At Homewood, a team assessed Dr. Miller in many areas including: psychiatry, boundary setting and violation, psychometry, addiction assessment, psychosociology, and medical evaluation.The head of the team issued a report to the CPSO after the full assessment.
The Discipline Committee accepted the following significant findings in the report:
Dr. Miller had not been rehabilitated during the many years of therapy. In many different ways, he categorically denied that any sexual impropriety took place with Patient X, in spite of the signed agreement he made with the CPSM. He repeatedly explained that he pleaded guilty to protect his wife (who was ill) and family from the stress of a trial and the accompanying damage it could have caused them. Dr. Miller still refuses to accept responsibility for his conduct. Dr. Miller repeatedly blamed Patient X for the boundary violations and for the sexual activity.He refused to accept any responsibility for what took place. He also blamed environmental circumstances for his problems, in that he knew no other psychiatrist to whom he could have referred Patient X, and thus could not get any help to handle this complex case. He made it appear that he was a passive unfortunate victim of the boundary violations with Patient X.
The Committee was particularly persuaded by the conclusions in the Homewood Report, which stated, in part, as follows:
There is significant and irreconcilable disparity between Dr. Miller's current denial of events and the collateral information available from the Manitoba College and the information available from his victim, Patient X.
The team was left with the impression that Dr. Miller was less than entirely open and forthcoming in his presentation.He showed less insight into his own emotional state and behaviour than one might expect from a trained analyst.At worst, his character pathology may be severe narcissism with antisocial characteristics.We cannot support Dr. Miller's contention that he is rehabilitated because he now trivializes the facts he agreed to in Manitoba."
Dr. Miller's character pathology is severe and he possesses the charm, guile and clinical knowledge to present himself as only mildly impaired.The severe level of narcissism with antisocial features would render him unfit to practise medicine, based upon inability to trust himself. ...
The report also disclosed that " ...
On behalf of the defence, an expert also assessed Dr. Miller regarding his fitness to practise.He testified that the presence of certain risk factors was significant in this case.These included (1) tendency to blame the victim, and (2) blaming the system.He added that earlier admission of the behaviour reduces the ris
Discipline Committee Decisions
cpso.on.ca [cached]
Dr. Vasilios Kavouris | Dr. Philip Daniel Kernerman | Dr. Vaibhav Janardan Kulkarni | Dr. Hugh Douglas McGowan | Dr. Barry Alan Miller | Dr. Dennis Anthony Pyne
...
Dr. Barry Alan Miller (Reinstatement Application)
...
Dr. Barry Alan Miller
...
On April 11, 2001, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Miller committed an act of professional misconduct and made an order revoking his certificate of registration.The finding was based on a finding by the College of Physicians and Surgeons of Manitoba (CPSM), which found thatDr. Miller engaged in sexual impropriety with a patient who had been a student and colleague at the time that the professional misconduct occurred, and that Dr. Miller had falsified a number of entries in the patient's medical record.
The Code provides that a physician whose registration is revoked as a result of a disciplinary hearing has the right to apply after one year from the date of revocation to have a new certificate issued except in certain circumstances that do not apply in this case.
College counsel informed the Committee that the College was not opposing the application for reinstatement.However, she submitted that certain terms and conditions should be imposed on Dr. Miller's certificate of registration.
It was the duty of the Committee to consider the evidence and to determine if Dr. Miller had satisfied the burden of proof that it was in the public interest that his certificate of registration be reinstated and, if so, under what terms and conditions.
Evidence
Dr. Miller's counsel filed very strong evidence in support of the application.
Also, the Committee heard from Dr. Miller who, by his testimony, acknowledged the impropriety of the conduct that led to revocation and expressed remorse for his misconduct.
There were a number of statements supporting his reinstatement.An expert witness testified that Dr. Miller does not have a pattern of predation on his patients and he is not narcissistic, antisocial or psychopathic, which if present, would be major predisposing factors to recidivism.The expert stated that intellectually, cognitively and emotionally, Dr. Miller had good knowledge of his transgression, what went wrong, and what rules he infringed.
Decision and Reasons
The Committee concluded that Dr. Miller had satisfied the burden of proof on an application for reinstatement to the satisfaction of the Committee and that he could safely be returned to the practice of medicine, subject to the imposition of terms and conditions on his certificate of registration.The Committee was of the opinion that the terms and conditions imposed provide a careful and safe frame-work for Dr. Miller's re-entry to practicein a staged and supervised manner.
Order
The Discipline Committee directed the Registrar to issue a certificate of registration to Dr. Miller, subject to the following terms and conditions set out in its Order:
Dr. Miller's practice will be restricted to a hospital or institutional setting agreeable to the College; Dr. Miller will successfully complete the following re-entry to practice program at his own expense: For a period of 12 months following the date of its Order, Dr. Miller's practice will be supervised by two monitors acceptable to the College, in accordance with the undertakings attached to the Order; Throughout the term of the program, the monitors will submit a written report to the Registrar every 3 months regarding Dr. Miller's competence and behaviour, which reports will specifically address the following: The objectives of the program approved by the College at the outset of the program; The monitors' impression of Dr. Miller's general medical knowledge, including use of current diagnostics and therapeutics;
...
The monitors' impression of Dr. Miller's clinical skills, including:
...
the monitors' impression of Dr. Miller's judgment, behaviour and attitude in the provision of patient care including his interaction with patients, colleagues and co-workers; whether Dr. Miller meets the standard of practice expected of a psychiatrist in Ontario; if indicated, suggested enhancement, remedial or educational activities which may be of assistance to Dr. Miller; and if indicated, the areas of practice that should be monitored and/or re-evaluated; at the conclusion of the program, the monitors shall submit a final report to the College regardingDr. Miller's overall performance, identifying whether he is ready for independent practice or whether further supervision or retraining is required; If any of the reports required in connection with the program are not delivered or are unsatisfactory to the College, the College may suspend Dr. Miller's certificate of registration; Dr. Miller will take and successfully complete the College's record-keeping course, at his expense, within one year following the date of this Order; Dr. Miller will undergo a Specialties Assessment Program (SAP), at his expense, within the second year following the date of this Order; Following the successful completion of the record-keeping course, the SAP, and the re-entry program, to the satisfaction of the Registrar, the Registrar shall remove the foregoing terms, conditions and limitations on Dr. Miller's certificate of registration. If at the conclusion of the program, the monitors are of the opinion that Dr. Miller is not ready for unsupervised practice, or requires further retraining or supervision, then until the recommended period of retraining and supervision are completed, it will be a term, condition and limitation of Dr. Miller's certificate of registration that: (a) he shall continue to practise only under supervision of the monitors; (b) he shall continue to practise only in an institutional setting approved by the College. In the event that Dr. Miller is unsuccessful in the completion of the record-keeping course, the SAP, or the program, as determined by the Registrar, or if his certificate of registration is suspended pursuant to paragraph 3 of this Order, the Discipline Committee retains jurisdiction on the application of a party, to vary the terms and conditions of this Order, including to order the Registrar to suspend Dr. Miller's certificate of registration.
Our local pilot project has enlisted ...
www.thechase.ca, 1 Jan 2005 [cached]
Our local pilot project has enlisted the services of psychiatrist Dr. Barry Miller to assist in identifying, assessing, and stabilizing persons who present serious risk.
Dr. Vasilios Kavouris | Dr. ...
www.cpso.on.ca [cached]
Dr. Vasilios Kavouris | Dr. Philip Daniel Kernerman | Dr. Vaibhav Janardan Kulkarni | Dr. Hugh Douglas McGowan | Dr. Barry Alan Miller | Dr. Dennis Anthony Pyne
...
Dr. Barry Alan Miller (Reinstatement Application)
...
Dr. Barry Alan Miller
...
On April 11, 2001, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Miller committed an act of professional misconduct and made an order revoking his certificate of registration.The finding was based on a finding by the College of Physicians and Surgeons of Manitoba (CPSM), which found thatDr. Miller engaged in sexual impropriety with a patient who had been a student and colleague at the time that the professional misconduct occurred, and that Dr. Miller had falsified a number of entries in the patient's medical record.
The Code provides that a physician whose registration is revoked as a result of a disciplinary hearing has the right to apply after one year from the date of revocation to have a new certificate issued except in certain circumstances that do not apply in this case.
College counsel informed the Committee that the College was not opposing the application for reinstatement.However, she submitted that certain terms and conditions should be imposed on Dr. Miller's certificate of registration.
It was the duty of the Committee to consider the evidence and to determine if Dr. Miller had satisfied the burden of proof that it was in the public interest that his certificate of registration be reinstated and, if so, under what terms and conditions.
Evidence
Dr. Miller's counsel filed very strong evidence in support of the application.
Also, the Committee heard from Dr. Miller who, by his testimony, acknowledged the impropriety of the conduct that led to revocation and expressed remorse for his misconduct.
There were a number of statements supporting his reinstatement.An expert witness testified that Dr. Miller does not have a pattern of predation on his patients and he is not narcissistic, antisocial or psychopathic, which if present, would be major predisposing factors to recidivism.The expert stated that intellectually, cognitively and emotionally, Dr. Miller had good knowledge of his transgression, what went wrong, and what rules he infringed.
Decision and Reasons
The Committee concluded that Dr. Miller had satisfied the burden of proof on an application for reinstatement to the satisfaction of the Committee and that he could safely be returned to the practice of medicine, subject to the imposition of terms and conditions on his certificate of registration.The Committee was of the opinion that the terms and conditions imposed provide a careful and safe frame-work for Dr. Miller's re-entry to practicein a staged and supervised manner.
Order
The Discipline Committee directed the Registrar to issue a certificate of registration to Dr. Miller, subject to the following terms and conditions set out in its Order:
Dr. Miller's practice will be restricted to a hospital or institutional setting agreeable to the College; Dr. Miller will successfully complete the following re-entry to practice program at his own expense: For a period of 12 months following the date of its Order, Dr. Miller's practice will be supervised by two monitors acceptable to the College, in accordance with the undertakings attached to the Order; Throughout the term of the program, the monitors will submit a written report to the Registrar every 3 months regarding Dr. Miller's competence and behaviour, which reports will specifically address the following: The objectives of the program approved by the College at the outset of the program; The monitors' impression of Dr. Miller's general medical knowledge, including use of current diagnostics and therapeutics;
...
The monitors' impression of Dr. Miller's clinical skills, including:
...
the monitors' impression of Dr. Miller's judgment, behaviour and attitude in the provision of patient care including his interaction with patients, colleagues and co-workers; whether Dr. Miller meets the standard of practice expected of a psychiatrist in Ontario; if indicated, suggested enhancement, remedial or educational activities which may be of assistance to Dr. Miller; and if indicated, the areas of practice that should be monitored and/or re-evaluated; at the conclusion of the program, the monitors shall submit a final report to the College regardingDr. Miller's overall performance, identifying whether he is ready for independent practice or whether further supervision or retraining is required; If any of the reports required in connection with the program are not delivered or are unsatisfactory to the College, the College may suspend Dr. Miller's certificate of registration; Dr. Miller will take and successfully complete the College's record-keeping course, at his expense, within one year following the date of this Order; Dr. Miller will undergo a Specialties Assessment Program (SAP), at his expense, within the second year following the date of this Order; Following the successful completion of the record-keeping course, the SAP, and the re-entry program, to the satisfaction of the Registrar, the Registrar shall remove the foregoing terms, conditions and limitations on Dr. Miller's certificate of registration. If at the conclusion of the program, the monitors are of the opinion that Dr. Miller is not ready for unsupervised practice, or requires further retraining or supervision, then until the recommended period of retraining and supervision are completed, it will be a term, condition and limitation of Dr. Miller's certificate of registration that: (a) he shall continue to practise only under supervision of the monitors; (b) he shall continue to practise only in an institutional setting approved by the College. In the event that Dr. Miller is unsuccessful in the completion of the record-keeping course, the SAP, or the program, as determined by the Registrar, or if his certificate of registration is suspended pursuant to paragraph 3 of this Order, the Discipline Committee retains jurisdiction on the application of a party, to vary the terms and conditions of this Order, including to order the Registrar to suspend Dr. Miller's certificate of registration.
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