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Current Tribunal Proceedings
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Past Tribunal Proceedings (3)
- being found guilty of an offence relevant to the registrant’s suitability to practice; and
- engaging in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by registrants as disgraceful, dishonourable or unprofessional.
On the same date, the Discipline Committee ordered that:
- the registrant attend before the panel to be reprimanded; and
- the registrant pay the College costs in the amount of $6,000 within 30 days of the date of the order.
All published OPSDT reasons are available at www.canlii.org/en/on/onpsdt/.
Hearing exhibits, including any agreed statement of facts or statement of uncontested facts, can be obtained by contacting the Tribunal Office at [email protected].
On February 13, 2017, the Discipline Committee found that Dr. Barnard committed the following acts of professional misconduct:
failing to maintain the standard of practice of the profession; and
engaging in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by registrants as disgraceful, dishonourable or unprofessional.
On the same date, the Discipline Committee ordered that:
the registrant attend before the panel to be reprimanded;
the Registrar suspend the registrant’s certificate of registration for 4 months commencing March 17, 2017 at 12:01 a.m.;
the Registrar place terms, conditions and limitations on the registrant’s certificate of registration; and
the registrant pay the College costs in the amount of $5,000 within 30 days of the date of the order.
The "Download Full Decision" link provides the Discipline Committee’s decision and any reprimand.
All published OPSDT reasons are available at www.canlii.org/en/on/onpsdt/.
Hearing exhibits, including any agreed statement of facts or statement of uncontested facts, can be obtained by contacting the Tribunal Office at [email protected].
The Discipline Committee ordered and directed:
1. the Registrar to suspend Dr. Barnard's certificate of registration for two (2) months, commencing January 1st, 2007, one month of which will be suspended if Dr. Barnard complies with the following conditions:
(1) Dr. Barnard will administer block fees for uninsured services in a manner that is consistent with the College's policy on block fees and uninsured services. In particular, Dr. Barnard will;
(i) provide patients with the alternative of paying for each uninsured service individually at the time that the service is provided;
(ii) inform patients of his billing practices and obtain patients' agreement to any fee before providing an uninsured service;
(iii) offer the option of a block fee in writing, indicating the services that are covered by the block fee and providing examples of those (if any) that are not covered;
(iv) either provide patients with a copy of the College's policy on block fees and uninsured services, or inform them how they may obtain a copy;
(v) provide patients with a written statement indicating the fees that will be charged for each service, if patients choose to pay for each uninsured service at the time it is provided rather than pay a block fee;
(vi) obtain written consent from patients for the payment option chosen, and maintain the written consent as part of patients' records;
(vii) use the form set out in Schedule A attached to this Order to obtain consent for block fees;
(viii) charge any block fee for uninsured services to cover a period of not less than three (3) months and not more than twelve (12) months;
(ix) give patients the opportunity to rescind the decision to pay a block fee within a week of their original decision, in which case they will be required to pay for the services individually as provided;
(x) not discontinue seeing a patient or refuse to see a new patient because that person chooses not to pay a block fee; and
(xi) not offer to, or provide preferential services to patients who agree to pay a block fee.
(2) Dr. Barnard will cooperate with inspections of his practice by representatives of the College for a period of nine (9) months after completion of the suspension, solely for the purpose of ensuring compliance with this order. Such inspections shall be conducted with at least 24 hours notice being given to Dr. Barnard before each visit. If any problems with Dr. Barnard's block fee practices are discovered within the 9-month time period, the College is entitled to extend the monitoring inspections for a further six (6) months.
2. Dr. Barnard pay to the College costs in the amount of $2,500.00.
3. The results of this proceeding be included in the register.
Dr. Barnard was referred to the Discipline Committee on allegations that he was found guilty of an offence relevant to his suitability to practise, and that he engaged in disgraceful, dishonourable or unprofessional conduct. College investigations were also conducted into whether Dr. Barnard engaged in professional misconduct and/or was incompetent in his cosmetic and family practice. After the allegations were referred to the Discipline Committee and prior to the hearing, and in the face of the allegations from the College investigations, Dr. Barnard resigned from the College and has agreed never to apply or re-apply for registration as a physician in Ontario.
Thomas Barnard was found guilty of the following offence:
1. To knowingly obtaining or attempting to obtain payment for any insured service that he was not entitled to obtain, contrary to Section 43(1) of the Health Insurance Act, and thereby committed an offence pursuant to Section 44 of the said Act.
DATE: May 31, 2017
SENTENCE: Fine of $8,000, Victim surcharge of $2,000; restitution of $250,000 to the Minister of Finance
The following are non-Ontario disciplinary findings made against this member, as known to the College, together with the corresponding information:
On December 7, 2016, the Medical Board of California accepted Dr. Barnard’s surrender of his medical license in California effective December 14, 2016. The surrender was considered a disciplinary action against Dr. Barnard by the Board. Dr. Barnard was being reviewed by the Medical Board of California for violation of the California Business and Professions Code due to disciplinary action taken against him by the College of Physicians and Surgeons of Ontario. Dr. Barnard is not allowed to practice medicine in California. The College was notified of this finding by a report received on December 12, 2016.
A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of the Committee. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015, or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.
See PDF for the summary of a decision made against this member in which the disposition includes a Caution-in-Person:
Training
Registration History
| DETAILS | DATE |
|---|---|
| Expired: Resigned from membership. | Effective: 30 Jun 2019 |
| Suspension of registration removed. | Effective: 17 Jul 2017 |
| Suspension of registration imposed: Discipline Committee | Effective: 17 Mar 2017 |
| Terms and conditions amended by Discipline Committee. | Effective: 13 Feb 2017 |
| Terms and conditions amended by Inquiries, Complaints and Reports Committee. | Effective: 22 Jul 2016 |
| Terms and conditions amended by Inquiries, Complaints and Reports Committee. | Effective: 04 May 2016 |
| Terms and conditions amended by Inquiries, Complaints and Reports Committee. | Effective: 03 May 2016 |
| Terms and conditions amended by Inquiries, Complaints and Reports Committee. | Effective: 16 Feb 2016 |
| Transfer of class of registration to: Restricted Certificate | Effective: 09 Nov 2014 |
| Effective: 09 Nov 2014 | |
| Suspension of registration removed. | Effective: 01 Feb 2007 |
| Suspension of registration imposed: Discipline Committee | Effective: 01 Jan 2007 |
| First certificate of registration issued: Independent Practice Certificate | Effective: 17 Jul 1980 |
