July 1st, 2020 ~ Vol. 90 No. 26
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Dr. Allan Garbutt faces Hearing Decision
Crowsnest Pass Herald Front Page
Source: CPSA Website
David Selles
Pass Herald Reporter
Former family doctor and local physician Allan Garbutt faced the College of Physicians and Surgeons of Alberta Hearing Tribunal for his case on June 23rd.

Garbutt faced a hearing for misconduct while he was in practice.
These are the two charges he faced.

1. Between August 2002 and April 2004 you did have an inappropriate sexual relationship with your patient A.
continued below ...
2. Since August 2002 you have failed to report your sexual boundary violation with your patient A, to the College of Physicians & Surgeons of Alberta (the “College”), and since 2010 you have reported to the College on your annual renewal information form that you had not engaged in a sexual or inappropriate personal relationship with a patient when you knew that such answer was false.

The parties proceeded by admission of unprofessional conduct in joint submission on penalties.

It was mentioned during the hearing that these were unusual circumstances as the complaint came almost 15 years later.

The hearing also occurred after Dr. Garbutt had announced his retirement.
continued below ...
The joint submission from Craig Boyer, Legal Council for the CPSA, and Philip Nykyforuk, Legal Council for Dr. Garbutt are as follows:

Although Dr. Garbutt retired from practice at the end of 2019 as previously planned. He has agreed to undertake to the college that he will not apply for reinstatement as a regulated member. He acknowledges that his conduct would be worthy of significant sanction had he not retired. It's proposed that Dr. Garbutt will be responsible for two thirds of the investigation and hearing costs on the basis set forth in the joint submission agreement. It's also proposed that he pay a separate fine in the amount of $5,000 as contemplated as the Health Professions Act and the Regulations.

Dr. John Pasternak advised that the panel accepts the joint submission on penalty and the hearing was closed.
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July 1st, 2020 ~ Vol. 90 No. 26
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