Order on Consent – Dr. Murtaza Amirali

On January 21, 2025 a complaint was filed by HG against Dr. Murtaza Amirali regarding a virtual consultation that occurred through the Maple platform for the Unaffiliated Virtual Care program. Since May 2020, Dr. Amirali has been providing care via this platform, which is available to residents of Prince Edward Island who do not have access to a family physician. The Complainant is a regulated healthcare professional who, at the time of the events in question, was at work. During the consultation, Dr. Amirali became aware that the Complainant was physically present at their workplace and engaged in the consultation while on duty. Following the consultation, and without the Complainant’s knowledge or consent, Dr. Amirali contacted the Complainant’s employer and advised that the Complainant was attending a virtual medical consultation during work hours. The Complainant became aware of the disclosure through their employer. 

The Investigation Committee (the “Committee”) investigated the complaint and discovered evidence which led the Committee to conclude that Dr. Amirali’s conduct may constitute professional misconduct as outlined in section 57(1) (a) of the Regulated Health Professions Act, RSPEI 1988, c.R-10.1 (the “RHPA”), and section 34.(1) (z) of the Medical Practitioners Regulations.

Section 57(1) (a) of the RHPA states as follows:

                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;

Sections 34(1) (z) of the Medical Practitioners Regulations states as follows:

                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, dishonourable or unprofessional;

Dr. Amirali indicated to the Committee that he was concerned with a regulated healthcare professional seeking a medical consultation while on duty and responsible for medical care. The Committee acknowledged that physicians may, in certain defined circumstances, disclose confidential information where there is a clear legal requirement or a compelling public interest, such as the prevention of serious harm. However, the Committee was not satisfied that such circumstances existed in this case.

The Committee concluded that the evidence presented established that Dr. Amirali breached the Complainant’s patient confidentiality by telling their employer that they were seeking a Maple consultation. In doing so, Dr. Amirali was in contravention of the CMA Code of Ethics and Professionalism, which states in part as follows:

CMA CODE OF ETHICS AND PROFESSIONALISM

Physicians and the practice of medicine

Patient privacy and the duty of confidentiality

18.         Fulfill your duty of confidentiality to the patient by keeping identifiable patient information confidential; collecting, using, and disclosing only as much health information as necessary to benefit the patient; and sharing information only to benefit the patient and within the patient’s circle of care. Exceptions include situations where the informed consent of the patient has been obtained for disclosure or as provided for by law.

The Committee considered, in advance of determining appropriate orders, that Dr. Amirali had, of his own initiative, completed additional training in privacy and patient confidentiality during the investigation.

Dr. Amirali accepted the findings of the Committee and consented to the following Order:

                Dr. Amirali shall be issued a letter of reprimand by the Registrar for failure to fulfill his duty of confidentiality as required by the CMA Code of Ethics and Professionalism.

Upon completion of the requirements of the Order, the discipline process pertaining to the HG complaint against Dr. Amirali, will be concluded.