Full Decision Download
This matter came before a Panel of the Discipline Committee of the College of Optometrists of Ontario on March 28, 29, and 31, 2022 via videoconference.
THE DISCIPLINE COMMITTEE FOUND that:
1.Dr. Miller committed an act or acts of professional misconduct as provided by paragraph 51(1)(b.1) of the Health Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18, as amended, in that, he sexually abused his patient.
2. Dr. Miller committed an act or acts of professional misconduct as provided by paragraph 51(1)(c) of the Health Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, C.18, and defined in the following paragraphs of Ontario Regulation 119/94:
a. paragraph 1.1 contravening a term, condition or limitation to which his certificate of registration is subject;
b. paragraph 1.14 in that he failed to maintain the standards of practice of the profession; and
c. paragraph 1.39 in that he engaged in conduct or performed an act that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, unprofessional or unethical.
THE DISCIPLINE COMMITTEE ORDERED:
1. That Dr. Miller appear before the Panel to be reprimanded on a date to be set by the Registrar of the College;
2. That the Registrar of the College be directed to revoke Dr. Miller's certificate of registration with the College immediately;
3. That Dr. Miller reimburse the College for funding provided for Patient A under the program required under section 85.7 of the Health Professions Procedural Code (the “Code”);
4. That Dr. Miller provide to the College a certified cheque in the amount of $17,370 by April 11, 2022, representing security to guarantee the payment of any amounts he may be required to reimburse the College for funding under the programs required under section 85.7 of the Code in relation to Patient A. Any funds that have not been used for the purposes of the program required by section 85.7 of the Code shall be returned to him by the College, without interest, at the expiration of the 5-year time frame within which funding may be provided; and,
5. That Dr. Miller shall partially reimburse the College for its costs in relation to this proceeding in the amount of $34,520 to be paid in full by April 11, 2022.