On June 26, 2012, the Discipline Committee found that Dr. Galdino Pontarini committed an act of professional misconduct, in that he failed to maintain the standard of practice of the profession, and in that he engaged in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Dr. Pontarini did not contest the allegations.

Dr. Pontarini is a family physician practising in Mississauga, Ontario.

Dr. Pontarini persistently failed to meet the standard of practice in respect of record-keeping in the 21 charts reviewed by the College's expert. Dr. Pontarini's clinical notes were deficient in at least 50% of the entries in all of the 21 patient charts reviewed. Many were extremely brief to the point that it was not possible to determine whether the patient was adequately assessed.

Eight of the patient charts reviewed by the expert involved the prescribing of stimulants. Dr. Pontarini failed to maintain the standard of practice of the profession in regard to his prescribing of stimulants to all eight patients. In particular, the deficiencies included treating patients with stimulants without a supporting diagnosis and/or appropriate assessment, failing to appropriately monitor compliance or the effects of the stimulants prescribed, and failing to take appropriate precautions for the safe prescribing of stimulants.

Between August 13, 2009 and September 16, 2010, Dr. Pontarini wrote ten prescriptions for a dog that belonged to one of his patients. The prescriptions were for phenobarbital and for potassium bromide. Dr. Pontarini is not licensed to practise veterinary medicine.

On July 7, 2011, Dr. Pontarini executed an undertaking to the College voluntarily relinquishing his prescribing privileges for narcotic drugs, narcotic preparations, controlled drugs and benzodiazepines and other targeted substances. Dr. Pontarini has now executed an undertaking to the College that he will never reapply for such privileges.

The Discipline Committee ordered and directed that:

1. the Registrar suspend Dr. Pontarini's certificate of registration for a period of one (1) month, to commence on June 30, 2012 at 11:59 p.m.;

2. the Registrar impose the following terms, conditions and limitations on Dr. Pontarini's certificate of registration until the reassessment referred to in paragraph 5(b) below has been completed, with the exception that paragraph 5(d) shall remain in effect:

 

a. Dr. Pontarini shall participate in and successfully complete an educational program in medical record-keeping with a preceptor who is to be approved by the College in its sole discretion and who has within forty-five (45) days of the date of this Order signed an undertaking to the College in the form attached hereto as "Schedule A." The preceptorship shall be terminated after twelve (12) months, with Dr. Pontarini meeting to review and discuss charts monthly with the preceptor, decreasing to bi-monthly meetings after three (3) months if approved by the preceptor and the College. Dr. Pontarini shall abide by all recommendations of his preceptor with respect to practice improvements and/or professional development;

b. Within twelve (12) months of completing the preceptorship required by paragraph 5(a) above, Dr. Pontarini shall undergo a reassessment with regard to medical record-keeping by a College-appointed assessor. Dr. Pontarini shall abide by all recommendations with regard to medical record-keeping made by the assessor, and the results of the reassessment shall be reported to the College;

c. Dr. Pontarini shall cooperate with unannounced inspections of his practice and patient charts by a College representative(s) for the purpose of monitoring and enforcing his compliance with the terms of this Order; and

d. Dr. Pontarini shall be responsible for any and all costs associated with implementing the terms of this Order
.

3. Dr. Pontarini attend before the panel to be reprimanded;

4. Dr. Pontarini shall within thirty (30) days pay the College its costs of this proceeding in the amount of $3,650.00.At the conclusion of the hearing, Dr. Pontarini waived his right to an appeal under subsection 70(1) of the Code and the Committee administered the public reprimand.

 

 

1. Dr. Pontarini be reprimanded and the fact of the reprimand be recorded on the register;

2. the Registrar suspend Dr. Pontarini s certificate of registration for a period of nine months, three months of which will
be suspended on the following conditions (the suspension ):
(a) Dr. Pontarini undertakes to the College of Physicians and Surgeons of Ontario (the College ) never to re-apply for narcotics prescribing privileges;

(b) Dr. Pontarini undertakes to the College to undergo Physician Review Program ( PREP ) and a practice
assessment at his own expense and abide by any recommendations and file proof to the satisfaction of the Registrar of having taken PREP and having implemented any recommendations made; and

(c) Dr. Pontarini undertakes that if he fails to obtain a result of better than category 4 in PREP, he will immediately cease the practice of medicine until such time as he achieves a result of category 3 or better.

3. the suspension may be served in two three month intervals to commence on dates to be fixed by the Registrar as follows:

(a) the first three month suspension period shall commence on or before December 1, 2000; and

(b) the second three month suspension period shall commence within six months of the termination of the first suspension period.

4. the Registrar to impose the following term, condition and limitation on Dr. Pontarini s certificate of registration:

(a) Dr. Pontarini be prohibited from practicing emergency medicine until such time as he satisfies the Registrar, at his sole discretion, that he is fit to return to the practice of emergency medicine, and until he has been
properly retrained in the practice of emergency medicine.

5. any breach of the undertakings will be cause for the immediate institution of the remaining three month suspension period and could be cause for further disciplinary proceedings.

6. Dr. Pontarini to pay the costs of these proceedings fixed in the sum of $15,000.00 said costs to be paid within five months of the date of this order.