(1 of 2)
As from 12:00 p.m., June 19, 2019, by order of the Discipline Committee of the
College of Physicians and Surgeons of Ontario, the following terms, conditions
and limitations are imposed on the certificate of registration held by Dr. Sol
Julian Goldstein:
a. Dr. Goldstein shall comply with the College Policy #2-07 "Practice
Management Considerations for Physicians Who Cease to Practise,
Take an Extended Leave of Absence or Close Their Practice Due to
Relocation", a copy of which is attached at Schedule "A" to this
Order;
PROBE Program
b. Dr. Goldstein shall participate in and unconditionally pass the
PROBE Ethics & Boundaries Program offered by the Centre for
Personalized Education for Professionals, with a report or reports
to be provided by the provider to the College regarding Dr.
Goldstein's progress and compliance. Dr. Goldstein shall complete
this requirement within six (6 months) of the date of this Order.
Clinical Supervision
c. Within twenty (20) days of this Order, Dr. Goldstein shall retain a
College-approved clinical supervisor or supervisors (the "Clinical
Supervisor") with respect to his psychiatry practice, who has
signed an undertaking in the form attached hereto as Schedule "B".
d. For a period of twelve (12) months commencing on the date that Dr.
Goldstein resumes practice following the suspension of his
certificate of registration, Dr. Goldstein may practise psychiatry
only under the supervision of the Clinical Supervisor ("Clinical
Supervision"), who shall facilitate the education program set out
in the Individualized Education Plan ("IEP"), attached hereto as
Schedule "C"; as follows:
e. For an initial period of two (2) months, Dr. Goldstein will meet
with the Clinical Supervisor every week, at which meetings the
Clinical Supervisor will:
i. review a minimum fifteen (15) of Dr. Goldstein's patient
records, to be selected at the sole discretion of the
Clinical Supervisor, and the associated OHIP claims
submissions or planned OHIP claims submissions, and discuss
any issues or concerns arising from this review with Dr.
Goldstein;
ii. make recommendations to Dr. Goldstein for practice
improvements and ongoing professional development, and
inquire into Dr. Goldstein's compliance with the
recommendations; and
iii. keep a log of all patient charts reviewed along with patient
identifiers.
f. After the initial period of two (2) months, if the Clinical
Supervisor is satisfied that Dr. Goldstein's patient records and
associated OHIP billings reflect the knowledge, skills and judgment
necessary for Dr. Goldstein to practise in a less highly supervised
environment, the Clinical Supervisor may recommend to the College
that supervision be reduced for the balance of the Clinical
Supervision period of twelve (12) months.
g. Upon the recommendation of the Clinical Supervisor and approval of
the College of a reduction in supervision, Dr. Goldstein will meet
with the Clinical Supervisor every month, at which meetings the
Clinical Supervisor will:
i. review a minimum fifteen (15) of Dr. Goldstein's patient
records, to be selected at the sole discretion of the
Clinical Supervisor, and the associated OHIP claims
submissions or planned OHIP claims submissions, and discuss
any issues or concerns arising from this review with Dr.
Goldstein;
ii. make recommendations to Dr. Goldstein for practice
improvements and ongoing professional development, and
inquire into Dr. Goldstein's compliance with the
recommendations; and
iii. keep a log of all patient charts reviewed along with patient
identifiers.
Other Elements of Clinical Supervision
h. Throughout the period of Clinical Supervision, Dr. Goldstein shall
abide by all recommendations of his Clinical Supervisor regarding
his recordkeeping and OHIP billing, practice improvements, and
ongoing professional development.
i. The Clinical Supervisor shall submit written reports to the College
at least once every month, or more frequently if the Clinical
Supervisor has concerns about Dr. Goldstein's standard of practice.
j. If a person who has given an undertaking in Schedule "A" to this
Order is unable or unwilling to continue to fulfill its provisions,
Dr. Goldstein shall, within twenty (20) days of receiving notice of
the same, ensure that an executed undertaking is delivered to the
College in the same form from a similarly qualified person who is
acceptable to the College.
k. If Dr. Goldstein is unable to obtain a Clinical Supervisor as set
out in this Order, he shall cease practising medicine until he has
obtained a Clinical Supervisor acceptable to the College.
l. If Dr. Goldstein is required to cease to practise medicine as a
result of section (5)(k) above, this will constitute a term,
condition or limitation on his certificate of registration and that
term, condition or limitation will be included on the public
register.
Reassessment of Practice
m. Approximately six (6) months after the completion of Clinical
Supervision, Dr. Goldstein shall undergo a reassessment of practice
by a College-appointed assessor (the "Assessor"). The
re-assessment shall include a review of Dr. Goldstein's patient
charts and associated OHIP claims submissions or planned OHIP
claims submissions. The results of the re-assessment shall be
reported to the College.
n. Dr. Goldstein shall consent to such sharing of information among
the Assessor, the Clinical Supervisor, and the College, as any of
them deem necessary or desirable in order to fulfill their
respective obligations.
Monitoring
o. Dr. Goldstein shall inform the College of each and every location
where he practises, in any jurisdiction (his "Practice
Location(s)") within fifteen (15) days of this Order and shall
inform the College of any and all new Practice Locations within
fifteen (15) days of commencing practice at that location.
p. Dr. Goldstein shall cooperate with unannounced inspections of his
practice, patient charts and OHIP claims submissions by a College
representative(s) for the purpose of monitoring and enforcing his
compliance with the terms of this Order.
q. Dr. Goldstein shall consent to the College's making appropriate
enquiries of the Ontario Health Insurance Plan and/or any person or
institution that may have relevant information, in order for the
College to monitor and enforce his compliance with the terms of
this Order.
r. Dr. Goldstein shall be responsible for any and all costs associated
with implementing the terms of this Order.
(2 of 2)
As from April 16, 2019, the following are imposed as terms, conditions and
limitations on the certificate of registration held by Dr. Sol Julian
Goldstein, in accordance with an undertaking and consent given by Dr. Goldstein
to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. SOL JULIAN GOLDSTEIN
("Dr. Goldstein")
to
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the "College")
A. PREAMBLE
(1) In this Undertaking:
"Code" means the Health Professions Procedural Code, which is Schedule 2
to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
amended;
"ICR Committee" means the Inquiries, Complaints and Reports Committee of
the College;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Goldstein, certificate of registration number 21457, am a member
of the College.
(3) I, Dr. Goldstein, acknowledge that on April 16, 2018, the ICR Committee
directed me to participate in a Specified Continuing Education and
Remediation Program (the "SCERP") in resolution of investigations bearing
File Numbers 461983, 461987, 461996 and 462001 (the "Investigations")
into whether I engaged in professional misconduct and/or am incompetent
in my psychiatry practice.
(4) I, Dr. Goldstein, acknowledge that I am entering into this Undertaking in
lieu of completing the SCERP.
B. UNDERTAKING
(5) I, Dr. Goldstein, undertake to abide by the provisions of this
Undertaking, upon the date this Undertaking is approved by the ICR
Committee "Effective Date".
(6) Practice Restriction
(a) I, Dr. Goldstein, undertake that:
(i) I will not conduct any new assessments of, nor provide
treatment to, individuals who I believe have been subject to
or have engaged in parental alienation;
(ii) I will not provide opinion evidence about parental alienation
to any third party, whether orally or in writing, in regards
to individuals I have assessed or treated, except as required
by law, in which case I will advise the relevant parties, in
advance of providing such opinion evidence, to consult the
College's Public Register;
(iii) I will inform any individuals whom I am currently assessing
and/or treating who I believe have been subject to or have
engaged in parental alienation, that I can no longer be
involved in their assessment and/or treatment and that I
cannot provide opinion evidence about parental alienation to
any third party. I will comply with the College's Policy on
Ending the Physician-Patient Relationship. In any event, I
will not provide any further services to these individuals
after sixty (60) days from the date upon which I sign this
Undertaking;
(iv) I will, in the opening meeting or phone call with counsel
and/or the parties in any new custody/access assessment,
address the issue of whether the case in question has
elements of parental alienation. If so, I will promptly
inform counsel and/or the parties that I cannot be involved
in the assessment;
(v) If, during any on-going custody/access assessment, I have
reasonable grounds to believe that any individual who I am
assessing has been subject to or has engaged in parental
alienation, I will immediately discontinue the assessment and
I will promptly inform counsel and/or the parties that I
cannot be involved in the assessment and that I cannot
provide opinion evidence about parental alienation to any
third party;
(vi) I will, in the opening meeting with any individual seeking
treatment, address whether the issue(s) for which the
individual is seeking treatment has elements of parental
alienation. If so, I will promptly inform the individual
that I cannot be involved in his or her treatment;
(vii) If, during on-going treatment, I have reasonable grounds to
believe that any patient who I am treating has been subject
to or has engaged in parental alienation, I will immediately
discontinue treatment and end the physician-patient
relationship in accordance with the College's Policy on
Ending the Physician-Patient Relationship. I will also inform
the patient that I cannot provide opinion evidence about
parental alienation to any third party.
(7) Professional Education
(a) I, Dr. Goldstein, undertake to participate in and successfully
complete all aspects of the detailed IEP, attached hereto as
Appendix "A", including all of the following professional education
(the "Professional Education"):
(i) Register for and attend the Association of Family and
Conciliation Courts 56th Annual Conference "The Future of
Family Justice: International Innovations":
https://www.afccnet.org/Conferences-Training/AFCC-Conferences/ctl/ViewConference/ConferenceID/158/mid/615;
(ii) Review and prepare written summaries of the following
resources:
a. College policy #4-12, Medical Records;
b. College policy #7-12, Medical Expert: Reports and
Testimony;
c. Association of Family and Conciliation Courts: Model
Standards of Practice for Child Custody Evaluation.
(b) I, Dr. Goldstein, undertake to provide proof to the College of my
successful completion of the Professional Education set out at
Section 7(1)(i), including proof of registration and attendance and
any participant assessment reports, within one (1) month of
completing it. I acknowledge that the College will determine, in
its sole discretion, whether I have successfully completed the
Professional Education.
(c) I, Dr. Goldstein, undertake to complete the requirement set out at
Section 7(a)(ii) byJuly 1, 2019.
(8) Monitoring
(a) I, Dr. Goldstein, undertake to inform the College of each and every
location that I practise or have privileges, including, but not
limited to, any hospitals, clinics, offices, and any Independent
Health Facilities with which I am affiliated, in any jurisdiction
(collectively my "Practice Location" or "Practice Locations"),
within five (5) days of executing this Undertaking. Going forward,
I further undertake to inform the College of any and all new
Practice Locations within five (5) days of commencing practice at
that location.
(b) I, Dr. Goldstein, undertake that I will submit to, and not
interfere with, unannounced inspections of my Practice Locations
and patient records by a College representative for the purposes of
monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Goldstein, give my irrevocable consent to the College to
make appropriate enquiries of OHIP and/or any person who or
institution that may have relevant information, in order for the
College to monitor my compliance with the provisions of this
Undertaking.
(d) I, Dr. Goldstein, acknowledge that I have executed the OHIP consent
form attached hereto as Appendix "B".
C. ACKNOWLEDGEMENT
(9) I, Dr. Goldstein, acknowledge that all appendices attached to or referred
to in this Undertaking form part of this Undertaking.
(10) I, Dr. Goldstein, acknowledge and undertake that I shall be solely
responsible for payment of all fees, costs, charges, expenses, etc.
arising from the implementation of any of the provisions of this
Undertaking.
(11) I, Dr. Goldstein, acknowledge that I have read and understand the
provisions of this Undertaking and that I have obtained independent legal
counsel in reviewing and executing this Undertaking, or have waived my
right to do so.
(12) I, Dr. Goldstein, acknowledge that the College will provide this
Undertaking to any Chief of Staff, or a colleague with similar
responsibilities, at any Practice Location ("Chief of Staff" or "Chiefs
of Staff").
(13) I, Dr. Goldstein, acknowledge that a breach by me of any provision of
this Undertaking may constitute an act of professional misconduct and/or
incompetence, and may result in a referral of specified allegations to
the Discipline Committee of the College.
(14) I, Dr. Goldstein, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(15) Public Register
(a) I, Dr. Goldstein, acknowledge that, during the time period that
this Undertaking remains in effect, this Undertaking shall be
posted on the Public Register.
(b) I, Dr. Goldstein, acknowledge that, in addition to this Undertaking
being posted in accordance with section (15)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
College investigations were conducted into whether Dr.
Goldstein engaged in professional misconduct and/or is
incompetent in his psychiatry practice. As a result of the
investigations:
Dr. Goldstein will engage in professional education in
medical record-keeping and child custody and access
assessments.
Dr. Goldstein will not conduct any new assessments of,
nor provide treatment to, individuals who have been
subject to or have engaged in parental alienation.
Dr. Goldstein will not provide opinion evidence about
parental alienation to any third party, whether orally
or in writing, in regards to individuals he has
assessed or treated, except as required by law, in
which case Dr. Goldstein will advise the relevant
parties, in advance of providing such opinion evidence,
to consult the College's Public Register.
Dr. Goldstein will terminate his professional
relationship with any individuals who he is currently
assessing and/or treating who have been subject to or
have engaged in parental alienation.
Dr. Goldstein will have in place a process to screen
incoming assessments and patients for elements of
parental alienation and to terminate assessments and/or
patients where elements of parental alienation become
apparent after the professional relationship has
commenced.
D. CONSENT
(16) I, Dr. Goldstein, give my irrevocable consent to the College to provide
all Chiefs of Staff with any information the College has that led to the
circumstances of my entering into this Undertaking and/or any information
arising from the monitoring of my compliance with this Undertaking.
(17) I, Dr. Goldstein, give my irrevocable consent to any persons who
facilitate my completion of the Professional Education and to all Chiefs
of Staff, to disclose to the College, and to one another, any of the
following:
(a) any information relevant to this Undertaking;
(b) any information relevant for the purposes of monitoring my
compliance with this Undertaking; and/or
(c) any information which comes to their attention in the course of
providing the Professional Education and which they reasonably
believes indicates a potential risk of harm to my patients.
Terms and conditions imposed on certificate by: Member
