THE FOLLOWING INFORMATION WAS OBTAINED FROM THE PHYSICIAN REGISTER SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO (WWW.CPSO.ON.CA) AS OF THE DATE AND TIME NOTED BELOW
04/05/25 05:00:41 AM

General Information

Former Name: No Former Name
Medical School: University of Toronto, 1983
Gender: Man
Languages Spoken: ENGLISH

Practice Information

Primary Business Location: 6-2111 Dunwin Dr
Mississauga Ontario L5L 3C1
Business Email: No Information Available
Phone: (905) 828-0990
Fax: (905) 828-1043

Specialties

No Specialty Reported

Medical Records Location

Instructions/Address: 6 - 2111 Dunwin Drive, Mississauga, Ontario, L5L 3C1, Tel: 905-828-0990, Fax: 905-828-1043.
Date Received: 04 Oct 2017

Hospital Privileges

No information available

General Information

Former Name: No Former Name
Gender: Man
Languages Spoken: ENGLISH
Medical School: University of Toronto, 1983

Practice Information

Primary Business Location: 6-2111 Dunwin Dr
Mississauga Ontario L5L 3C1
Business Email: No Information Available
Phone: (905) 828-0990
Fax: (905) 828-1043

Specialties

No Specialty Reported

Medical Records Location

Instructions/Address: 6 - 2111 Dunwin Drive, Mississauga, Ontario, L5L 3C1, Tel: 905-828-0990, Fax: 905-828-1043.
Date Received: 04 Oct 2017

Hospital Privileges

No information available

Practice Conditions

IMPOSED BY EFFECTIVE DATE EXPIRY DATE STATUS
Discipline Committee
13 Jun 2018
Restricted
IMPOSED BY: Discipline Committee
EFFECTIVE DATE: Jun 13 2018
EXPIRY DATE:
STATUS: Restricted
A physician who has a restricted licence must follow specific terms and conditions in their practice.
A physician who has a restricted licence must follow specific terms and conditions in their practice.
VIEW DETAILS chevron-down icon
(1 of 2)
As from 4:00 p.m., June 13, 2018, by order of the Discipline Committee of the
College of Physicians and Surgeons of Ontario, the following term, condition
and limitation is imposed on the certificate of registration held by Dr. Erez
Tamari:

(i) Dr. Tamari shall not engage in the practice of general family medicine or
be the primary care provider for any patient whatsoever;

(ii) Dr. Tamari's practice shall be restricted to:

(a) performing minor surgical procedures in an office-based setting.
This includes assessing and preparing a patient for the minor
procedure, as well as providing follow-up and treatment of related
complications stemming from those procedures; and

(b) surgical assisting in a hospital-based setting, provided that a
member of the College of Physicians and Surgeons of Ontario is in
attendance and performing the surgery;

(iii) Commencing immediately, Dr. Tamari shall maintain a log of all requests
for medical records and third party reports made by patients, other
physicians or third parties. The Log shall indicate when such requests
were made and when they were fulfilled (the "Log"), and Dr. Tamari shall
submit this Log to the College on a monthly basis for an indefinite
period of time. For greater clarity, Dr. Tamari is responsible for
maintaining the Log and submitting it to the College during the time that
his certificate of registration is suspended;

(iv) Within sixty (60) days of the date of the receipt of valid patient
consent, Dr. Tamari shall deliver all existing medical records to all
patients and/or third parties included in the Notice of Hearing,
including the medical records of those family members referenced in the
underlying complaints of the patients included in the Notice of Hearing.
The receipt of patient consents and delivery of medical records to the
patients and family members addressed in this paragraph, shall be
included in the Log, referenced in paragraph 4(iii) above;

(v) Dr. Tamari shall retain and employ an administrative assistant who will
be present at all times that Dr. Tamari is practising in his office;

(vi) Dr. Tamari shall participate in and successfully complete one-on-one
individualized educational instruction in ethics with an instructor
approved by the College, and provide proof thereof to the College within
six (6) months of the date of this Order;

(vii) Upon his return to practice, Dr. Tamari shall practise under the
supervision of a College-approved supervisor or supervisors (the
"Supervisor(s)") who will sign an undertaking in the form attached hereto
as Schedule "A". For a period of twelve (12) months thereafter, the
Supervisor shall supervise the management of Dr. Tamari's practice. The
supervision of his practice management shall contain the following
elements:

(a) The Supervisor will meet with Dr. Tamari in person a minimum of
once a month;

(b) The Supervisor will review the Log and corresponding charts, as
necessary, to ensure the timely provision of complete records and
reports, and, in addition, ten (10) current patient charts selected
on a random basis by the Supervisor to ensure accessibility,
legibility and completeness;
(c) Dr. Tamari shall fully cooperate with, and shall abide by any
recommendations of his Supervisor, including any recommended
practice management improvements and ongoing professional
development;

(d) The Supervisor will submit written reports to the College, at
minimum, once per month, for the first three (3) months, and every
other month thereafter;

(e) If a Supervisor who has given an undertaking in the form attached
at Schedule "A" to this Order is unwilling or unable to continue to
fulfill its terms, Dr. Tamari shall, within twenty (20) days of
receiving notice of same, obtain an executed undertaking in the
same form from a similarly qualified person who is acceptable to
the College and ensure that it is delivered to the College within
that time;

(f) If Dr. Tamari is unable to obtain a Supervisor in accordance with
paragraph 4(vii) of this Order, he shall cease practising medicine
immediately until such time as he has done so, and the fact that he
has ceased practising medicine will constitute a term, condition or
limitation on his certificate of registration until that time.

(viii)Dr. Tamari shall inform the College of each and every location where he
practises in any jurisdiction (his "Practice Location(s)") within five
(5) days of returning to practice and shall inform the College of any and
all new Practice Locations within five (5) days of commencing practice at
that location.

(ix) Dr. Tamari shall submit to, and not interfere with, unannounced
inspections of his Practice Location(s) and patient charts by a College
representative for the purposes of monitoring and enforcing his
compliance with the terms of this Order.

(x) Dr. Tamari shall be responsible for any and all costs associated with
implementing the terms of this Order.

(xi) Dr. Tamari shall consent to the College making enquiries of the
Ontario Health Insurance Plan and/or any person who or institution
that may have relevant information, including his administrative
assistant, in order for the College to monitor and enforce his
compliance with the terms of this Order.

(2 of 2)
As from 11:59 p.m., May 18, 2012, 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. Erez
Tamari:

2. a. Dr. Tamari shall maintain a log of requests for third party
reports and
medical records, which shall indicate when such requests were
made and when they were fulfilled (the "Log");

b. Dr. Tamari shall participate in and successfully complete an
educational program in practice management with a preceptor
who is to be approved by the College in its sole discretion
and who has within forty-five days of the date of this Order
signed an Undertaking to the College in the form attached
hereto as Schedule "A". Termination of the preceptorship
shall be at the sole discretion of the College, but shall in
any case not occur until either six (6) months have passed,
or two positive successive reports from the preceptor have
been received by the College, whichever occurs later. Dr.
Tamari shall abide by all recommendations of his preceptor
with respect to practice improvements and/or professional
development;

c. Within twelve (12) months of completing the preceptorship
required by paragraph 2(b) above, Dr. Tamari shall undergo a
re-assessment with regard to practice management by a
College-appointed Assessor. The assessment will include a
review of Dr. Tamari's Log. Dr. Tamari shall abide by all
recommendations with regard to practice management made by
the College-appointed Assessor. The Assessor shall report the
results of this assessment to the College;

d. Dr. Tamari 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;

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

VIEW DETAILS chevron-down icon
(1 of 2)
As from 4:00 p.m., June 13, 2018, by order of the Discipline Committee of the
College of Physicians and Surgeons of Ontario, the following term, condition
and limitation is imposed on the certificate of registration held by Dr. Erez
Tamari:

(i) Dr. Tamari shall not engage in the practice of general family medicine or
be the primary care provider for any patient whatsoever;

(ii) Dr. Tamari's practice shall be restricted to:

(a) performing minor surgical procedures in an office-based setting.
This includes assessing and preparing a patient for the minor
procedure, as well as providing follow-up and treatment of related
complications stemming from those procedures; and

(b) surgical assisting in a hospital-based setting, provided that a
member of the College of Physicians and Surgeons of Ontario is in
attendance and performing the surgery;

(iii) Commencing immediately, Dr. Tamari shall maintain a log of all requests
for medical records and third party reports made by patients, other
physicians or third parties. The Log shall indicate when such requests
were made and when they were fulfilled (the "Log"), and Dr. Tamari shall
submit this Log to the College on a monthly basis for an indefinite
period of time. For greater clarity, Dr. Tamari is responsible for
maintaining the Log and submitting it to the College during the time that
his certificate of registration is suspended;

(iv) Within sixty (60) days of the date of the receipt of valid patient
consent, Dr. Tamari shall deliver all existing medical records to all
patients and/or third parties included in the Notice of Hearing,
including the medical records of those family members referenced in the
underlying complaints of the patients included in the Notice of Hearing.
The receipt of patient consents and delivery of medical records to the
patients and family members addressed in this paragraph, shall be
included in the Log, referenced in paragraph 4(iii) above;

(v) Dr. Tamari shall retain and employ an administrative assistant who will
be present at all times that Dr. Tamari is practising in his office;

(vi) Dr. Tamari shall participate in and successfully complete one-on-one
individualized educational instruction in ethics with an instructor
approved by the College, and provide proof thereof to the College within
six (6) months of the date of this Order;

(vii) Upon his return to practice, Dr. Tamari shall practise under the
supervision of a College-approved supervisor or supervisors (the
"Supervisor(s)") who will sign an undertaking in the form attached hereto
as Schedule "A". For a period of twelve (12) months thereafter, the
Supervisor shall supervise the management of Dr. Tamari's practice. The
supervision of his practice management shall contain the following
elements:

(a) The Supervisor will meet with Dr. Tamari in person a minimum of
once a month;

(b) The Supervisor will review the Log and corresponding charts, as
necessary, to ensure the timely provision of complete records and
reports, and, in addition, ten (10) current patient charts selected
on a random basis by the Supervisor to ensure accessibility,
legibility and completeness;
(c) Dr. Tamari shall fully cooperate with, and shall abide by any
recommendations of his Supervisor, including any recommended
practice management improvements and ongoing professional
development;

(d) The Supervisor will submit written reports to the College, at
minimum, once per month, for the first three (3) months, and every
other month thereafter;

(e) If a Supervisor who has given an undertaking in the form attached
at Schedule "A" to this Order is unwilling or unable to continue to
fulfill its terms, Dr. Tamari shall, within twenty (20) days of
receiving notice of same, obtain an executed undertaking in the
same form from a similarly qualified person who is acceptable to
the College and ensure that it is delivered to the College within
that time;

(f) If Dr. Tamari is unable to obtain a Supervisor in accordance with
paragraph 4(vii) of this Order, he shall cease practising medicine
immediately until such time as he has done so, and the fact that he
has ceased practising medicine will constitute a term, condition or
limitation on his certificate of registration until that time.

(viii)Dr. Tamari shall inform the College of each and every location where he
practises in any jurisdiction (his "Practice Location(s)") within five
(5) days of returning to practice and shall inform the College of any and
all new Practice Locations within five (5) days of commencing practice at
that location.

(ix) Dr. Tamari shall submit to, and not interfere with, unannounced
inspections of his Practice Location(s) and patient charts by a College
representative for the purposes of monitoring and enforcing his
compliance with the terms of this Order.

(x) Dr. Tamari shall be responsible for any and all costs associated with
implementing the terms of this Order.

(xi) Dr. Tamari shall consent to the College making enquiries of the
Ontario Health Insurance Plan and/or any person who or institution
that may have relevant information, including his administrative
assistant, in order for the College to monitor and enforce his
compliance with the terms of this Order.

(2 of 2)
As from 11:59 p.m., May 18, 2012, 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. Erez
Tamari:

2. a. Dr. Tamari shall maintain a log of requests for third party
reports and
medical records, which shall indicate when such requests were
made and when they were fulfilled (the "Log");

b. Dr. Tamari shall participate in and successfully complete an
educational program in practice management with a preceptor
who is to be approved by the College in its sole discretion
and who has within forty-five days of the date of this Order
signed an Undertaking to the College in the form attached
hereto as Schedule "A". Termination of the preceptorship
shall be at the sole discretion of the College, but shall in
any case not occur until either six (6) months have passed,
or two positive successive reports from the preceptor have
been received by the College, whichever occurs later. Dr.
Tamari shall abide by all recommendations of his preceptor
with respect to practice improvements and/or professional
development;

c. Within twelve (12) months of completing the preceptorship
required by paragraph 2(b) above, Dr. Tamari shall undergo a
re-assessment with regard to practice management by a
College-appointed Assessor. The assessment will include a
review of Dr. Tamari's Log. Dr. Tamari shall abide by all
recommendations with regard to practice management made by
the College-appointed Assessor. The Assessor shall report the
results of this assessment to the College;

d. Dr. Tamari 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;

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

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (3)

Date of Decision: 13 Jun 2018
Summary of Decision:
On June 13, 2018, the Discipline Committee of the College of Physicians and Surgeons of Ontario (the College) found that Dr. Erez Tamari has committed an act of professional misconduct, in that he has 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. Tamari is a family physician. For approximately 30 years, Dr. Tamari operated a family medicine practice in Mississauga, and held hospital privileges at a Hospital in Mississauga.

Conduct with Patients

Patient A

Patient A and his family were Dr. Tamari’s patients for more than 20 years. In May 2014, Patient A complained to the College about Dr. Tamari’s conduct and practice management in relation to him and to his family in 2013 and 2014, including concerns about having to physically attend at Dr. Tamari’s office to schedule appointments because of blocked/restricted telephone access to his office. As a result, the family found a new family physician. By letter dated March 10, 2014, Patient A advised Dr. Tamari of the decision to leave his practice and requested copies of medical records, providing signed consents. Patient A and his family’s records were provided to the College on July 25, 2014, after Patient A’s contact with the College.

Patient B

Patient B, a woman in her 50s, who had been a long-standing patient of Dr. Tamari has a past medical history of a workplace injury in late 2013. At an appointment in May 2014, Patient B requested Dr. Tamari to complete a medical report for her disability insurance claim. In August 2014, Dr. Tamari provided partial copies of select test results to insurance company; however, medical information remained outstanding at the time of Patient B’s complaint to the College in February 2015, despite repeated requests. In August 2014, Patient B requested transfer to another family doctor’s practice. This doctor made written requests for Patient B’s medical records from Dr. Tamari in August and October 2014; no response was received. In January 2015, after telephoning Dr. Tamari’s office again, Dr. Tamari faxed 115 pages of Patient B’s medical records, but the records did not include any clinical encounter notes. In June 2015, upon request of the College investigator, the insurance company confirmed that requested documentation was still missing, including clinical/chart notes, recent specialist consultation reports and tests/investigations. On February 18, 2015, the College investigator notified Dr. Tamari of the complaint and requested Dr. Tamari’s response and Patient B’s original office records for 2014-2015. On April 16, 2015, Dr. Tamari’s counsel advised that Patient B’s paper chart was destroyed after Dr. Tamari’s conversion to an electronic medical record-keeping system, and that the electronic file containing Patient B’s recent records was corrupted and could not be opened. The available records were provided to the College.

Patient C

Patient C was a long-standing patient of Dr. Tamari until August 2015, when he relocated to another country. In June 2016, Patient C complained to the College of his concerns regarding Dr. Tamari’s failure to provide his medical records to his physician in another country in order to obtain medical insurance and life insurance there. Despite Patient C’s and the insurance company’s repeated requests between September 2015 and May 2016, Dr. Tamari failed to provide Patient C’s records. In the course of the College investigation, a detailed chronology was received setting out multiple attempts made between September 2015 and October 2016 by the third party retained by Patient C’s insurer to obtain the required medical information. The Attending Physician’s Statement requested by the insurer was received from Dr. Tamari on November 16, 2016. On January 3, 2017, Patient C advised that Dr. Tamari had provided his medical records in December 2016.

Mr. Y

In May 2016, Mr. Y, whose children were patients of Dr. Tamari, complained to the College of the difficulties he experienced over the past year in attempting to arrange an appointment with Dr. Tamari to discuss and receive updated information regarding his children’s health. Specifically, Dr. Tamari had not responded to repeated telephone calls by Mr. Y between March 22 and May 15, 2016. Dr. Tamari’s office contacted Mr. Y in mid-June 2016, after receiving notification of his complaint to the College, and provided an appointment with Dr. Tamari on June 24. Mr. Y expressed concerns about Dr. Tamari’s aggressive communications during that appointment. Despite multiple requests made by the College in August, October, and December 2016, Dr. Tamari did not respond to the complaint.

Patient D

Patient D and her four family members were patients of Dr. Tamari. In March 2017, Patient D complained to the College that Dr. Tamari failed to transfer her family’s medical records to their new doctor (Dr. X) after numerous requests and failed to respond to a request by Patient D’s family member’s insurer for an Attending Physician’s Statement. In April 2017, the College received information from the insurer regarding the Attending Physician’s Statement; Dr. X also informed the College that she sent written requests for the complainants’ medical records, including authorization to release forms, to Dr. Tamari in June 2016.

In March 2017, the College investigator notified Dr. Tamari of the complaint and requested a response and a copy of the complainants’ records for 2015-2017. Reminder letters were sent in May 2017. Dr. Tamari’s counsel requested an extension to respond in May and again in June. After the second deadline, Dr. Tamari was requested to respond by July 4, 2017. On July 13, 2017, Dr. Tamari’s counsel provided a CD with the medical records for Patient D and two of her family members, indicating that the records for the other two family members would follow as Dr. Tamari had challenges providing the records, including computer problems. The received records could be viewed, but they could not be printed without a password, which was unknown. Test results and lab reports for the two remaining family members were provided on July 24, 2017. The clinical notes were not provided as Dr. Tamari’s computer had been infected with a virus, which prevented retrieval of the electronic medical records. On August 23, 2017, the College investigator requested copies of all medical records and the Cumulative Patient Profile for each family member. On September 28, 2017, Dr. Tamari’s counsel provided a further copy of medical records for Patient D, and her two family members. On October 27, 2017, a further request was made. On November 2, 2017, Dr. X advised that as of that date, no records were received from Dr. Tamari. On November 7, 2017, Patient D’s family member’s insurance application was denied because the insurer did not receive all of the information they required.

Patient E

In July 2017, Patient E, Dr. Tamari’s patient of 24 years, complained to the College that Dr. Tamari failed to provide a necessary form to her insurer within 90 days, as they had discussed. In late July 2016, she became ill and needed to apply for mortgage insurance benefits. In September 2016 she asked Dr. Tamari to complete a form for her insurer. In early January 2017, Dr. Tamari advised Patient E that he had faxed the form to the insurer. When she contacted Dr. Tamari’s office several days later, she was told that Dr. Tamari would be re-faxing the forms from his home office. According to Patient E, the insurer never received the necessary documentation and her file was closed. In April 2017, Patient E requested a copy of her medical records from Dr. Tamari. As of January 4, 2018, Patient E confirmed that she had not received her medical records. Dr. Tamari was notified of the complaint on August 8, 2017 and was requested to respond on August 16, 2017. Upon his counsel’s request, he was granted an extension to respond by September 22, 2017. On October 27, 2017, College investigator again requested Dr. Tamari’s response to Patient E’s complaint. On December 8, 2017, the records were provided to the College.

Patient F

Patient F, who was a patient of Dr. Tamari since the early 1990’s, was a pedestrian involved in a motor vehicle accident in May 2016 when he was struck by a truck. Patient F saw Dr. Tamari a few times in a six-month period, but needed to see Dr. Tamari more frequently to address his health issues. Despite attempts, he was not able to do so owing to Dr. Tamari’s availability. Patient F found a new family doctor (Dr. Y) in May 2017. Patient F and Dr. Y requested that Patient F’s medical records be transferred to Dr. Y. Dr. Y advised the College that a release of records request was completed on May 23, 2017 and faxed to Dr. Tamari’s office the following day. After repeated verbal and written requests, a copy of Patient F’s chart was provided to him on July 28, 2017 and Patient F brought the records to Dr. Y on August 3, 2017. In July 2017, Patient F complained to the College and Dr. Tamari was notified of the complaint on August 8, 2017.On August 16, 2017, College investigator requested a response and, on August 22, 2017, Dr. Tamari’s counsel requested an extension to provide the response to September 22, 2017, which was granted. The College received a copy of Dr. Tamari’s clinical notes and records for Patient F on September 28, 2017.

Patient G

In August 2017, Patient G and his wife, Dr. Tamari’s patients since 1987, were notified by Dr. Tamari that he had closed his family practice. In January 2018, Patient G complained to the College that on August 23, 2017 he sent a letter to Dr. Tamari’s office, as per the instructions in Dr. Tamari’s letter, requesting copies of his and his wife’s medical records. Patient G called both Dr. Tamari’s old office and his new office on numerous occasions from September 2017 to January 2018 and was told by Dr. Tamari’s staff that Dr. Tamari had received his request and was working on it. The College investigator notified Dr. Tamari of the complaint in January 2018 and requested his response and a copy of the medical records. Dr. Tamari’s counsel advised that she was working on obtaining his response. Reminder letters were sent on April 2 and 24. Dr. Tamari’s response, received on May 8, indicated that his efforts to obtain the records have been complicated owing to a corrupted EMR, that he is attempting to resolve this issue, and will provide records as soon as he is able.

Patient H
In July 2017, Patient H and his wife, Dr. Tamari’s patients since 1990, were notified that Dr. Tamari had closed his family practice. They found a new family physician, Dr. Z, in August and release forms were faxed to Dr. Tamari’s office that month. In October 2017 Patient H complained to the College that no response was received from Dr. Tamari’s office and the release forms were re-faxed by Dr. Z on two different dates in October 2017. As of February 20, 2018, Dr. Z had not received Dr. Tamari’s medical records. In his complaint, Patient H stated that his wife has suffered from migraines for many years and, as a result, it is important for her new physician to know what tests have been conducted and what treatments have been attempted. The College investigator notified Dr. Tamari of the complaint in November 2017 and, in February 2018, requested Dr. Tamari’s response and a copy of the complainants’ medical records. Reminder letters were sent in March and April. Dr. Tamari’s response, received on May 8, indicated that his efforts to obtain the records have been complicated owing to a corrupted EMR, that he is attempting to resolve this issue and will provide records as soon as he is able.

Patient I
 
In August 2017, Patient I and his family, Dr. Tamari’s patients since approximately 1987 and 1990s, were notified that Dr. Tamari had closed his family practice. Patient I had left Dr. Tamari’s practice in May 2017 due to repeated cancelled appointments by Dr. Tamari and, as a result, poor management of Patient I’s health. On August 17, shortly after receiving Dr. Tamari’s letter, Patient I hand-delivered 4 written requests for the family’s medical records to Dr. Tamari’s receptionist, made numerous monthly calls and left messages with Dr. Tamari’s receptionist over the following months. Patient I suffers from a chronic condition and his new family physician, believes that a request for medical records was sent by her office in May 2017, when he first became a patient. As of May 2018, records had not been received by Dr. the new family physician or by Patient I. In February 2018, Patient I complained to the College. The College investigator notified Dr. Tamari of the complaint and requested Dr. Tamari’s response and a copy of the complainants’ medical records in March 2018. A reminder letter was sent in April. Dr. Tamari’s response, received on May 8, indicated that his efforts to obtain the records have been complicated owing to a corrupted EMR, that he is attempting to resolve this issue and will provide records as soon as he is able.

Patient J

In July 2017, Patient J, Dr. Tamari’s patient since 1993, was notified that Dr. Tamari had closed his family practice. Patient J found a new family physician in August and a release form was faxed to Dr. Tamari’s office that month requesting a summary of his medical records, relevant consult and lab reports and immunization records. Following the written request, Patient J made numerous calls to Dr. Tamari in September, October, December, January and March. On each of these calls, Dr. Tamari’s staff confirmed that the messages were being relayed to Dr. Tamari. In March 2018, Patient J complained to the College. The College investigator notified Dr. Tamari of the complaint and requested Dr. Tamari’s response and a copy of the complainant’s medical records on March 28, 2018. Dr. Tamari’s response, received on May 8, indicated that his efforts to obtain the records have been complicated owing to a corrupted EMR, that he is attempting to resolve this issue and will provide records as soon as he is able.

Administration and Management of Practice

Except Patient F, all the complainant’s medical records that Dr. Tamari provided to the College were incomplete and/or illegible. Dr. Tamari failed to take appropriate measures to back up his medical records when he converted from paper charts to electronic medical records. As a result, when a number of patient charts were corrupted the records were lost in their entirety. Several of the patients listed above described difficulties in scheduling appointments with Dr. Tamari’s office, issues with the messaging service and that staff was not available or unresponsive to inquiries for records or booking appointments. Particularly important were communication and coverage, since Dr. Tamari was absent, intermittently, from his practice over the years. This mismanagement impacted his patients’ access to care.

Breach of Discipline Committee Order

In May 2012, following the Discipline Committee’s finding that Dr. Tamari committed professional misconduct, terms, conditions and limitations were imposed on Dr. Tamari’s certificate of registration, requiring, among other things, that Dr. Tamari maintain a log of all requests received for third party reports and medical records indicating when such requests were made and when they were fulfilled. The College’s investigations revealed that Dr. Tamari had failed to maintain a complete and accurate Log of all requests for third party reports and medical records, and responses to such requests with respect to Patients B, C, D, E, F, G, H, I and J and their families.

Provision of Information to Hospital

In January 2017, Dr. Tamari completed and submitted his re-appointment application to the Hospital, where he had held hospital privileges for several decades. He answered “No” to the question of whether he was the subject of any complaint, investigation, or review by a licensing body, despite the fact that he was the subject of at least four College investigations as of January 2017 and other College investigations in 2016.

Previous College History

In May 2012, the Discipline Committee found and Dr. Tamari admitted that he had engaged in disgraceful, dishonourable or unprofessional conduct, in that he failed to respond in a timely manner to repeated requests by an insurance company for his patient’s medical records in order to process her travel insurance claim in 2009. The Committee ordered a one-month suspension of his certificate of registration. He was also required to undergo a preceptorship in practice management for no less than six months, followed by a reassessment, and to maintain a log of requests for third party reports and medical records, indicating when such requests were made and when they were fulfilled.

In April 2000, Dr. Tamari’s certificate of registration was suspended for one month after the Discipline Committee found that he engaged in professional misconduct, in that Dr. Tamari:
- failed to provide a report of an examination or treatment performed by him to his patient within a reasonable time after the patient had requested such a report;
- failed to respond to repeated requests for a patient’s medical records from an insurance company, the patient, the patient’s employer and the College over a period of fourteen months; and
- failed to respond appropriately or within a reasonable time to a written inquiry from the College.

Upon review of the College investigation results, which revealed that Dr. Tamari had failed to transfer the medical records of a patient and her children to their new physician despite several requests for over four months, the Complaints Committee required that Dr. Tamari attend in person to be cautioned about his disregard for his patients requests for their medical records. After his failing to respond to numerous attempts to schedule this attendance, a date was selected without his input. As a result, the Discipline Committee found that Dr. Tamari failed to attend at the College at the appointed time which, according to the Discipline Committee, showed blatant disregard for the self-governance of the medical profession.
 
In March 1996, following the College investigation of Dr. Tamari’s former patient’s complaint that he failed to transfer her and her children’s medical records to her new physician in a timely manner and that as a result of his inappropriate transfer, the original medical records were lost, the Complaints Committee:
- cautioned Dr. Tamari in person about his failure to cooperate with the College during the investigation;
- cautioned Dr. Tamari in writing about the importance of patient records and the need to respond to requests for the transfer of records in a timely and professional manner; and
- counselled Dr. Tamari about his obligation to retain patient records for at least 10 years and to transfer only copies of records, while maintaining originals in a secure location for the prescribed period of time.

In May 1991, following a complaint by a patient that he failed to maintain the standard and failed to provide a record, the Complaints Committee counselled Dr. Tamari in writing. Upon further investigation, directed by the Health Disciplines Board following the complainant’s appeal, the Complaints Committee:
- counselled Dr. Tamari in writing about the importance of effective communication with patients following discharge from hospital; and
- directed that Dr. Tamari be admonished in person about the importance of undertaking and his personal responsibility to ensure the transfer of requested records within reasonable time, and to do so on an urgent priority basis, where there is indication that records are required for imminent treatment purposes.

Dr. Tamari’s Health and Change in Scope of Practice

Since March 2017, Dr. Tamari has been under the care of a new psychiatrist, who reached a new primary diagnosis with respect to Dr. Tamari, which was different from Dr. Tamari’s past diagnosis. The psychiatrist started a new treatment regime and Dr. Tamari has been under this treatment for approximately one year.

In January 2018, Dr. Tamari entered into a four-year health monitoring contract with the Ontario Medical Association’s Physician Health Program (PHP) which requires, among other things: meetings with his new psychiatrist and compliance with clinical advice and guidance; regular meetings with a PHP Monitor; monitoring of his behaviour in the workplace by a workplace monitor; and remaining under the care of a designated family physician. On January 29, 2018, Dr. Tamari signed an undertaking with the College agreeing to abide by the terms of the January 2018 PHP contract.

In March 2018, Dr. Tamari’s new psychiatrist reported that Dr. Tamari’s repeated pattern of behaviour, which continued unabated for a number of years, had a significant impact on his work that is necessary to run his day-to-day operation (i.e. patients’ correspondence, paperwork, and practice organization) and that Dr. Tamari has displayed significant improvement as evidenced by his ability to cope with unforeseen circumstances in his interpersonal life. In a letter dated April 19, 2018, the PHP notes satisfaction with Dr. Tamari’s progress in the monitoring program and with his commitment to his ongoing well-being, confirming that he has been completely compliant with all aspects of his monitoring program.

Dr. Tamari advises that he has put in measures with a view to preventing recurrence of his unprofessional behaviour, including: a structure and routine for addressing his administrative tasks during a part of each day; adherence to a limited, regular exercise routine; and a change in his work structure. In July 2017, Dr. Tamari closed his solo family medicine practice and now shares office space and administrative support with a family physician. His scope of practice is limited to minor surgical procedures and surgical assisting which, according to Dr. Tamari, reduces the administrative tasks in his practice that were primarily responsible for his previous conduct.

Dr. Tamari acknowledges that, throughout the time in which he practised family medicine, as well as in the closing of his family practice, he has repeatedly failed to provide medical records and reports/forms to patients and to third parties in a timely manner, including with respect to patients other than those specified above and has taken steps to rectify these issues.

Disposition

On June 13, 2018, the Discipline Committee ordered that:

- the Registrar suspend Dr. Tamari’s certificate of registration for a period of six (6) months commencing immediately.
- the Registrar impose the following terms, conditions and limitations on Dr. Tamari’s certificate of registration:

- Dr. Tamari shall not engage in the practice of general family medicine or be the primary care provider for any patient whatsoever;
- Dr. Tamari’s practice shall be restricted to:
- performing minor surgical procedures in an office-based setting. This includes assessing and preparing a patient for the minor procedure, as well as providing follow-up and treatment of related complications stemming from those procedures; and
- surgical assisting in a hospital-based setting, provided that a member of the College of Physicians and Surgeons of Ontario is in attendance and performing the surgery;
- Commencing immediately, Dr. Tamari shall maintain a log of all requests for medical records and third party reports made by patients, other physicians or third parties. The log shall indicate when such requests were made and when they were fulfilled (the “Log”), and Dr. Tamari shall submit this Log to the College on a monthly basis for an indefinite period of time. For greater clarity, Dr. Tamari is responsible for maintaining the Log and submitting it to the College during the time that his certificate of registration is suspended;
- Within sixty (60) days of the date of the receipt of valid patient consent, Dr. Tamari shall deliver all existing medical records to all patients and/or third parties included in the Notice of Hearing, including the medical records of those family members referenced in the underlying complaints of the patients included in the Notice of Hearing. The receipt of patient consents and delivery of medical records to the patients and family members addressed in this paragraph, shall be included in the Log, referenced in paragraph above;
- Dr. Tamari shall retain and employ an administrative assistant who will be present at all times that Dr. Tamari is practising in his office;
- Dr. Tamari shall participate in and successfully complete one-on-one individualized educational instruction in ethics with an instructor approved by the College, and provide proof thereof to the College within six (6) months of the date of this Order;
- Upon his return to practice, Dr. Tamari shall practise under the supervision of a College-approved supervisor or supervisors (the “Supervisor(s)”) who will sign an undertaking in the form attached as Schedule “A” to the Order. For a period of twelve (12) months thereafter, the Supervisor shall supervise the management of Dr. Tamari’s practice. The supervision of his practice management shall contain the following elements:
- The Supervisor will meet with Dr. Tamari in person a minimum of once a month;
- The Supervisor will review the Log and corresponding charts, as necessary, to ensure the timely provision of complete records and reports, and, in addition, ten (10) current patient charts selected on a random basis by the Supervisor to ensure accessibility, legibility and completeness;
- Dr. Tamari shall fully cooperate with, and shall abide by any recommendations of his Supervisor, including any recommended practice management improvements and ongoing professional development;
- The Supervisor will submit written reports to the College, at minimum, once per month, for the first three (3) months, and every other month thereafter;
- If a Supervisor who has given an undertaking in the form attached at Schedule “A” to the Order is unwilling or unable to continue to fulfill its terms, Dr. Tamari shall, within twenty (20) days of receiving notice of same, obtain an executed undertaking in the same form from a similarly qualified person who is acceptable to the College and ensure that it is delivered to the College within that time;
- Dr. Tamari shall inform the College of each and every location where he practises in any jurisdiction (his “Practice Location(s)”) within five (5) days of returning to practice and shall inform the College of any and all new Practice Locations within five (5) days of commencing practice at that location.
- Dr. Tamari shall submit to, and not interfere with, unannounced inspections of his Practice Location(s) and patient charts by a College representative for the purposes of monitoring and enforcing his compliance with the terms of this Order.
- Dr. Tamari shall be responsible for any and all costs associated with implementing the terms of this Order.
- Dr. Tamari shall consent to the College making enquiries of the Ontario Health Insurance Plan and/or any person who or institution that may have relevant information, including his \administrative assistant, in order for the College to monitor and enforce his compliance with the terms of this Order.
- Dr. Tamari attend before the panel to be reprimanded.
- Dr. Tamari pay to the College costs in the amount of $10,180.00, within ninety (90) days of the date of this Order.
 
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): June 13 2018
Date of Decision: 18 May 2012
Summary of Decision:
On May 18, 2012, the Discipline Committee found that Dr. Erez Tamari committed an act of professional misconduct, in that he has engaged in conduct or 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. Tamari failed to respond in a timely manner to a request for medical records related to his patient made repeatedly by an insurance company in 2009 for the purpose of processing the patient's claim under her travel insurance policy. Dr. Tamari admitted the allegation.

Patient X incurred a claim while travelling under travel medical emergency insurance. On April 2, 2009, the insurance company sent a fax to Dr. Tamari's office requesting Patient X's medical records in order to process the claim. The fax was marked "urgent" and "please reply" and was received by Dr. Tamari's office.

The insurance company sent multiple faxes to Dr. Tamari requesting the medical records. The company's records state that between April 8, 2009 and September 30, 2009, employees placed over two dozen calls to Dr. Tamari's office to follow up on the request for Patient X's medical records.
Dr. Tamari provided the requested records to the insurance company in mid-November 2009.
Therefore, the Committee ordered and directed that:
1. the Registrar suspend Dr. Tamari's Certificate of Registration for a four week period, to commence at 11:59 p.m. on June 18, 2012;

2. the Registrar impose as terms, conditions and limitations on Dr. Tamari's certificate of registration for an indefinite period or for the specified periods of time set out herein:
a. Dr. Tamari shall maintain a log of requests for third party reports and medical records, which shall indicate when such requests were made and when they were fulfilled (the "Log");

b. Dr. Tamari shall participate in and successfully complete an educational program in practice management with a preceptor who is to be approved by the College in its sole discretion and who has within forty-five days of the date of this Order signed an Undertaking to the College in the form attached hereto as Schedule "A". Termination of the preceptorship shall be at the sole discretion of the College, but shall in any case not occur until either six (6) months have passed, or two positive successive reports from the preceptor have been received by the College, whichever occurs later. Dr. Tamari shall abide by all recommendations of his preceptor with respect to practice improvements and/or professional development;

c. Within twelve (12) months of completing the preceptorship required by paragraph 2(b) above, Dr. Tamari shall undergo a re-assessment with regard to practice management by a College-appointed Assessor. The assessment will include a review of Dr. Tamari's Log. Dr. Tamari shall abide by all recommendations with regard to practice management made by the College-appointed Assessor. The Assessor shall report the results of this assessment to the College;

d. Dr. Tamari 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;

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

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

4. Dr. Tamari shall, within 30 days, pay the College its costs of this proceeding in the amount of $3,650.00.
 
Reasons for Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): May 18, 2012
Date of Decision: 03 Apr 2000
Summary of Decision:
On April 3, 2000, the Discipline Committee accepted Dr. Tamari(s plea of guilty and found him guilty of professional misconduct in that he failed to respond appropriately or within a reasonable time to a written inquiry from the College and that he failed without reasonable cause to provide a report or certificate relating to an examination or treatment performed by him to the patient or his or her authorized representative within a reasonable time after the patient or his or her authorized representative had requested such a report or certificate. The Committee subsequently ordered the following penalty:

1) A reprimand, with the fact of the reprimand to be recorded on the register;
2) Dr. Tamari(s certificate of registration be suspended for a period of one month to commence May 1, 2000;
3) That the suspension shall be suspended if prior to May 1, 2000, Dr. Tamari provides his written consent to an inspection of his practice by an inspector on behalf of the College appointed by the Registrar, the costs of which be paid by Dr. Tamari to a maximum of $1,200.00, and if the inspection itself occurs prior to May 1, 2000;
4) The inspection report shall be provided to the Registrar and the Executive Committee, and that the Executive Committee shall take such further action as it is empowered to do and as many be necessary on the basis of the report; and
5) Dr. Tamari shall pay the College its costs in the amount of $7,000.00 within six months of the date of this order (April 3, 2000).
Reasons for Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Apr 03, 2000

Other Notifications (1)

Member-reported Findings of Malpractice/Professional Negligence
On January 17, 2012, at the Ontario Superior Court of Justice in Brampton, a finding of Professional Negligence was made against Dr. Tamari.

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (3)

Date of Decision: 13 Jun 2018
Summary of Decision:
On June 13, 2018, the Discipline Committee of the College of Physicians and Surgeons of Ontario (the College) found that Dr. Erez Tamari has committed an act of professional misconduct, in that he has 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. Tamari is a family physician. For approximately 30 years, Dr. Tamari operated a family medicine practice in Mississauga, and held hospital privileges at a Hospital in Mississauga.

Conduct with Patients

Patient A

Patient A and his family were Dr. Tamari’s patients for more than 20 years. In May 2014, Patient A complained to the College about Dr. Tamari’s conduct and practice management in relation to him and to his family in 2013 and 2014, including concerns about having to physically attend at Dr. Tamari’s office to schedule appointments because of blocked/restricted telephone access to his office. As a result, the family found a new family physician. By letter dated March 10, 2014, Patient A advised Dr. Tamari of the decision to leave his practice and requested copies of medical records, providing signed consents. Patient A and his family’s records were provided to the College on July 25, 2014, after Patient A’s contact with the College.

Patient B

Patient B, a woman in her 50s, who had been a long-standing patient of Dr. Tamari has a past medical history of a workplace injury in late 2013. At an appointment in May 2014, Patient B requested Dr. Tamari to complete a medical report for her disability insurance claim. In August 2014, Dr. Tamari provided partial copies of select test results to insurance company; however, medical information remained outstanding at the time of Patient B’s complaint to the College in February 2015, despite repeated requests. In August 2014, Patient B requested transfer to another family doctor’s practice. This doctor made written requests for Patient B’s medical records from Dr. Tamari in August and October 2014; no response was received. In January 2015, after telephoning Dr. Tamari’s office again, Dr. Tamari faxed 115 pages of Patient B’s medical records, but the records did not include any clinical encounter notes. In June 2015, upon request of the College investigator, the insurance company confirmed that requested documentation was still missing, including clinical/chart notes, recent specialist consultation reports and tests/investigations. On February 18, 2015, the College investigator notified Dr. Tamari of the complaint and requested Dr. Tamari’s response and Patient B’s original office records for 2014-2015. On April 16, 2015, Dr. Tamari’s counsel advised that Patient B’s paper chart was destroyed after Dr. Tamari’s conversion to an electronic medical record-keeping system, and that the electronic file containing Patient B’s recent records was corrupted and could not be opened. The available records were provided to the College.

Patient C

Patient C was a long-standing patient of Dr. Tamari until August 2015, when he relocated to another country. In June 2016, Patient C complained to the College of his concerns regarding Dr. Tamari’s failure to provide his medical records to his physician in another country in order to obtain medical insurance and life insurance there. Despite Patient C’s and the insurance company’s repeated requests between September 2015 and May 2016, Dr. Tamari failed to provide Patient C’s records. In the course of the College investigation, a detailed chronology was received setting out multiple attempts made between September 2015 and October 2016 by the third party retained by Patient C’s insurer to obtain the required medical information. The Attending Physician’s Statement requested by the insurer was received from Dr. Tamari on November 16, 2016. On January 3, 2017, Patient C advised that Dr. Tamari had provided his medical records in December 2016.

Mr. Y

In May 2016, Mr. Y, whose children were patients of Dr. Tamari, complained to the College of the difficulties he experienced over the past year in attempting to arrange an appointment with Dr. Tamari to discuss and receive updated information regarding his children’s health. Specifically, Dr. Tamari had not responded to repeated telephone calls by Mr. Y between March 22 and May 15, 2016. Dr. Tamari’s office contacted Mr. Y in mid-June 2016, after receiving notification of his complaint to the College, and provided an appointment with Dr. Tamari on June 24. Mr. Y expressed concerns about Dr. Tamari’s aggressive communications during that appointment. Despite multiple requests made by the College in August, October, and December 2016, Dr. Tamari did not respond to the complaint.

Patient D

Patient D and her four family members were patients of Dr. Tamari. In March 2017, Patient D complained to the College that Dr. Tamari failed to transfer her family’s medical records to their new doctor (Dr. X) after numerous requests and failed to respond to a request by Patient D’s family member’s insurer for an Attending Physician’s Statement. In April 2017, the College received information from the insurer regarding the Attending Physician’s Statement; Dr. X also informed the College that she sent written requests for the complainants’ medical records, including authorization to release forms, to Dr. Tamari in June 2016.

In March 2017, the College investigator notified Dr. Tamari of the complaint and requested a response and a copy of the complainants’ records for 2015-2017. Reminder letters were sent in May 2017. Dr. Tamari’s counsel requested an extension to respond in May and again in June. After the second deadline, Dr. Tamari was requested to respond by July 4, 2017. On July 13, 2017, Dr. Tamari’s counsel provided a CD with the medical records for Patient D and two of her family members, indicating that the records for the other two family members would follow as Dr. Tamari had challenges providing the records, including computer problems. The received records could be viewed, but they could not be printed without a password, which was unknown. Test results and lab reports for the two remaining family members were provided on July 24, 2017. The clinical notes were not provided as Dr. Tamari’s computer had been infected with a virus, which prevented retrieval of the electronic medical records. On August 23, 2017, the College investigator requested copies of all medical records and the Cumulative Patient Profile for each family member. On September 28, 2017, Dr. Tamari’s counsel provided a further copy of medical records for Patient D, and her two family members. On October 27, 2017, a further request was made. On November 2, 2017, Dr. X advised that as of that date, no records were received from Dr. Tamari. On November 7, 2017, Patient D’s family member’s insurance application was denied because the insurer did not receive all of the information they required.

Patient E

In July 2017, Patient E, Dr. Tamari’s patient of 24 years, complained to the College that Dr. Tamari failed to provide a necessary form to her insurer within 90 days, as they had discussed. In late July 2016, she became ill and needed to apply for mortgage insurance benefits. In September 2016 she asked Dr. Tamari to complete a form for her insurer. In early January 2017, Dr. Tamari advised Patient E that he had faxed the form to the insurer. When she contacted Dr. Tamari’s office several days later, she was told that Dr. Tamari would be re-faxing the forms from his home office. According to Patient E, the insurer never received the necessary documentation and her file was closed. In April 2017, Patient E requested a copy of her medical records from Dr. Tamari. As of January 4, 2018, Patient E confirmed that she had not received her medical records. Dr. Tamari was notified of the complaint on August 8, 2017 and was requested to respond on August 16, 2017. Upon his counsel’s request, he was granted an extension to respond by September 22, 2017. On October 27, 2017, College investigator again requested Dr. Tamari’s response to Patient E’s complaint. On December 8, 2017, the records were provided to the College.

Patient F

Patient F, who was a patient of Dr. Tamari since the early 1990’s, was a pedestrian involved in a motor vehicle accident in May 2016 when he was struck by a truck. Patient F saw Dr. Tamari a few times in a six-month period, but needed to see Dr. Tamari more frequently to address his health issues. Despite attempts, he was not able to do so owing to Dr. Tamari’s availability. Patient F found a new family doctor (Dr. Y) in May 2017. Patient F and Dr. Y requested that Patient F’s medical records be transferred to Dr. Y. Dr. Y advised the College that a release of records request was completed on May 23, 2017 and faxed to Dr. Tamari’s office the following day. After repeated verbal and written requests, a copy of Patient F’s chart was provided to him on July 28, 2017 and Patient F brought the records to Dr. Y on August 3, 2017. In July 2017, Patient F complained to the College and Dr. Tamari was notified of the complaint on August 8, 2017.On August 16, 2017, College investigator requested a response and, on August 22, 2017, Dr. Tamari’s counsel requested an extension to provide the response to September 22, 2017, which was granted. The College received a copy of Dr. Tamari’s clinical notes and records for Patient F on September 28, 2017.

Patient G

In August 2017, Patient G and his wife, Dr. Tamari’s patients since 1987, were notified by Dr. Tamari that he had closed his family practice. In January 2018, Patient G complained to the College that on August 23, 2017 he sent a letter to Dr. Tamari’s office, as per the instructions in Dr. Tamari’s letter, requesting copies of his and his wife’s medical records. Patient G called both Dr. Tamari’s old office and his new office on numerous occasions from September 2017 to January 2018 and was told by Dr. Tamari’s staff that Dr. Tamari had received his request and was working on it. The College investigator notified Dr. Tamari of the complaint in January 2018 and requested his response and a copy of the medical records. Dr. Tamari’s counsel advised that she was working on obtaining his response. Reminder letters were sent on April 2 and 24. Dr. Tamari’s response, received on May 8, indicated that his efforts to obtain the records have been complicated owing to a corrupted EMR, that he is attempting to resolve this issue, and will provide records as soon as he is able.

Patient H
In July 2017, Patient H and his wife, Dr. Tamari’s patients since 1990, were notified that Dr. Tamari had closed his family practice. They found a new family physician, Dr. Z, in August and release forms were faxed to Dr. Tamari’s office that month. In October 2017 Patient H complained to the College that no response was received from Dr. Tamari’s office and the release forms were re-faxed by Dr. Z on two different dates in October 2017. As of February 20, 2018, Dr. Z had not received Dr. Tamari’s medical records. In his complaint, Patient H stated that his wife has suffered from migraines for many years and, as a result, it is important for her new physician to know what tests have been conducted and what treatments have been attempted. The College investigator notified Dr. Tamari of the complaint in November 2017 and, in February 2018, requested Dr. Tamari’s response and a copy of the complainants’ medical records. Reminder letters were sent in March and April. Dr. Tamari’s response, received on May 8, indicated that his efforts to obtain the records have been complicated owing to a corrupted EMR, that he is attempting to resolve this issue and will provide records as soon as he is able.

Patient I
 
In August 2017, Patient I and his family, Dr. Tamari’s patients since approximately 1987 and 1990s, were notified that Dr. Tamari had closed his family practice. Patient I had left Dr. Tamari’s practice in May 2017 due to repeated cancelled appointments by Dr. Tamari and, as a result, poor management of Patient I’s health. On August 17, shortly after receiving Dr. Tamari’s letter, Patient I hand-delivered 4 written requests for the family’s medical records to Dr. Tamari’s receptionist, made numerous monthly calls and left messages with Dr. Tamari’s receptionist over the following months. Patient I suffers from a chronic condition and his new family physician, believes that a request for medical records was sent by her office in May 2017, when he first became a patient. As of May 2018, records had not been received by Dr. the new family physician or by Patient I. In February 2018, Patient I complained to the College. The College investigator notified Dr. Tamari of the complaint and requested Dr. Tamari’s response and a copy of the complainants’ medical records in March 2018. A reminder letter was sent in April. Dr. Tamari’s response, received on May 8, indicated that his efforts to obtain the records have been complicated owing to a corrupted EMR, that he is attempting to resolve this issue and will provide records as soon as he is able.

Patient J

In July 2017, Patient J, Dr. Tamari’s patient since 1993, was notified that Dr. Tamari had closed his family practice. Patient J found a new family physician in August and a release form was faxed to Dr. Tamari’s office that month requesting a summary of his medical records, relevant consult and lab reports and immunization records. Following the written request, Patient J made numerous calls to Dr. Tamari in September, October, December, January and March. On each of these calls, Dr. Tamari’s staff confirmed that the messages were being relayed to Dr. Tamari. In March 2018, Patient J complained to the College. The College investigator notified Dr. Tamari of the complaint and requested Dr. Tamari’s response and a copy of the complainant’s medical records on March 28, 2018. Dr. Tamari’s response, received on May 8, indicated that his efforts to obtain the records have been complicated owing to a corrupted EMR, that he is attempting to resolve this issue and will provide records as soon as he is able.

Administration and Management of Practice

Except Patient F, all the complainant’s medical records that Dr. Tamari provided to the College were incomplete and/or illegible. Dr. Tamari failed to take appropriate measures to back up his medical records when he converted from paper charts to electronic medical records. As a result, when a number of patient charts were corrupted the records were lost in their entirety. Several of the patients listed above described difficulties in scheduling appointments with Dr. Tamari’s office, issues with the messaging service and that staff was not available or unresponsive to inquiries for records or booking appointments. Particularly important were communication and coverage, since Dr. Tamari was absent, intermittently, from his practice over the years. This mismanagement impacted his patients’ access to care.

Breach of Discipline Committee Order

In May 2012, following the Discipline Committee’s finding that Dr. Tamari committed professional misconduct, terms, conditions and limitations were imposed on Dr. Tamari’s certificate of registration, requiring, among other things, that Dr. Tamari maintain a log of all requests received for third party reports and medical records indicating when such requests were made and when they were fulfilled. The College’s investigations revealed that Dr. Tamari had failed to maintain a complete and accurate Log of all requests for third party reports and medical records, and responses to such requests with respect to Patients B, C, D, E, F, G, H, I and J and their families.

Provision of Information to Hospital

In January 2017, Dr. Tamari completed and submitted his re-appointment application to the Hospital, where he had held hospital privileges for several decades. He answered “No” to the question of whether he was the subject of any complaint, investigation, or review by a licensing body, despite the fact that he was the subject of at least four College investigations as of January 2017 and other College investigations in 2016.

Previous College History

In May 2012, the Discipline Committee found and Dr. Tamari admitted that he had engaged in disgraceful, dishonourable or unprofessional conduct, in that he failed to respond in a timely manner to repeated requests by an insurance company for his patient’s medical records in order to process her travel insurance claim in 2009. The Committee ordered a one-month suspension of his certificate of registration. He was also required to undergo a preceptorship in practice management for no less than six months, followed by a reassessment, and to maintain a log of requests for third party reports and medical records, indicating when such requests were made and when they were fulfilled.

In April 2000, Dr. Tamari’s certificate of registration was suspended for one month after the Discipline Committee found that he engaged in professional misconduct, in that Dr. Tamari:
- failed to provide a report of an examination or treatment performed by him to his patient within a reasonable time after the patient had requested such a report;
- failed to respond to repeated requests for a patient’s medical records from an insurance company, the patient, the patient’s employer and the College over a period of fourteen months; and
- failed to respond appropriately or within a reasonable time to a written inquiry from the College.

Upon review of the College investigation results, which revealed that Dr. Tamari had failed to transfer the medical records of a patient and her children to their new physician despite several requests for over four months, the Complaints Committee required that Dr. Tamari attend in person to be cautioned about his disregard for his patients requests for their medical records. After his failing to respond to numerous attempts to schedule this attendance, a date was selected without his input. As a result, the Discipline Committee found that Dr. Tamari failed to attend at the College at the appointed time which, according to the Discipline Committee, showed blatant disregard for the self-governance of the medical profession.
 
In March 1996, following the College investigation of Dr. Tamari’s former patient’s complaint that he failed to transfer her and her children’s medical records to her new physician in a timely manner and that as a result of his inappropriate transfer, the original medical records were lost, the Complaints Committee:
- cautioned Dr. Tamari in person about his failure to cooperate with the College during the investigation;
- cautioned Dr. Tamari in writing about the importance of patient records and the need to respond to requests for the transfer of records in a timely and professional manner; and
- counselled Dr. Tamari about his obligation to retain patient records for at least 10 years and to transfer only copies of records, while maintaining originals in a secure location for the prescribed period of time.

In May 1991, following a complaint by a patient that he failed to maintain the standard and failed to provide a record, the Complaints Committee counselled Dr. Tamari in writing. Upon further investigation, directed by the Health Disciplines Board following the complainant’s appeal, the Complaints Committee:
- counselled Dr. Tamari in writing about the importance of effective communication with patients following discharge from hospital; and
- directed that Dr. Tamari be admonished in person about the importance of undertaking and his personal responsibility to ensure the transfer of requested records within reasonable time, and to do so on an urgent priority basis, where there is indication that records are required for imminent treatment purposes.

Dr. Tamari’s Health and Change in Scope of Practice

Since March 2017, Dr. Tamari has been under the care of a new psychiatrist, who reached a new primary diagnosis with respect to Dr. Tamari, which was different from Dr. Tamari’s past diagnosis. The psychiatrist started a new treatment regime and Dr. Tamari has been under this treatment for approximately one year.

In January 2018, Dr. Tamari entered into a four-year health monitoring contract with the Ontario Medical Association’s Physician Health Program (PHP) which requires, among other things: meetings with his new psychiatrist and compliance with clinical advice and guidance; regular meetings with a PHP Monitor; monitoring of his behaviour in the workplace by a workplace monitor; and remaining under the care of a designated family physician. On January 29, 2018, Dr. Tamari signed an undertaking with the College agreeing to abide by the terms of the January 2018 PHP contract.

In March 2018, Dr. Tamari’s new psychiatrist reported that Dr. Tamari’s repeated pattern of behaviour, which continued unabated for a number of years, had a significant impact on his work that is necessary to run his day-to-day operation (i.e. patients’ correspondence, paperwork, and practice organization) and that Dr. Tamari has displayed significant improvement as evidenced by his ability to cope with unforeseen circumstances in his interpersonal life. In a letter dated April 19, 2018, the PHP notes satisfaction with Dr. Tamari’s progress in the monitoring program and with his commitment to his ongoing well-being, confirming that he has been completely compliant with all aspects of his monitoring program.

Dr. Tamari advises that he has put in measures with a view to preventing recurrence of his unprofessional behaviour, including: a structure and routine for addressing his administrative tasks during a part of each day; adherence to a limited, regular exercise routine; and a change in his work structure. In July 2017, Dr. Tamari closed his solo family medicine practice and now shares office space and administrative support with a family physician. His scope of practice is limited to minor surgical procedures and surgical assisting which, according to Dr. Tamari, reduces the administrative tasks in his practice that were primarily responsible for his previous conduct.

Dr. Tamari acknowledges that, throughout the time in which he practised family medicine, as well as in the closing of his family practice, he has repeatedly failed to provide medical records and reports/forms to patients and to third parties in a timely manner, including with respect to patients other than those specified above and has taken steps to rectify these issues.

Disposition

On June 13, 2018, the Discipline Committee ordered that:

- the Registrar suspend Dr. Tamari’s certificate of registration for a period of six (6) months commencing immediately.
- the Registrar impose the following terms, conditions and limitations on Dr. Tamari’s certificate of registration:

- Dr. Tamari shall not engage in the practice of general family medicine or be the primary care provider for any patient whatsoever;
- Dr. Tamari’s practice shall be restricted to:
- performing minor surgical procedures in an office-based setting. This includes assessing and preparing a patient for the minor procedure, as well as providing follow-up and treatment of related complications stemming from those procedures; and
- surgical assisting in a hospital-based setting, provided that a member of the College of Physicians and Surgeons of Ontario is in attendance and performing the surgery;
- Commencing immediately, Dr. Tamari shall maintain a log of all requests for medical records and third party reports made by patients, other physicians or third parties. The log shall indicate when such requests were made and when they were fulfilled (the “Log”), and Dr. Tamari shall submit this Log to the College on a monthly basis for an indefinite period of time. For greater clarity, Dr. Tamari is responsible for maintaining the Log and submitting it to the College during the time that his certificate of registration is suspended;
- Within sixty (60) days of the date of the receipt of valid patient consent, Dr. Tamari shall deliver all existing medical records to all patients and/or third parties included in the Notice of Hearing, including the medical records of those family members referenced in the underlying complaints of the patients included in the Notice of Hearing. The receipt of patient consents and delivery of medical records to the patients and family members addressed in this paragraph, shall be included in the Log, referenced in paragraph above;
- Dr. Tamari shall retain and employ an administrative assistant who will be present at all times that Dr. Tamari is practising in his office;
- Dr. Tamari shall participate in and successfully complete one-on-one individualized educational instruction in ethics with an instructor approved by the College, and provide proof thereof to the College within six (6) months of the date of this Order;
- Upon his return to practice, Dr. Tamari shall practise under the supervision of a College-approved supervisor or supervisors (the “Supervisor(s)”) who will sign an undertaking in the form attached as Schedule “A” to the Order. For a period of twelve (12) months thereafter, the Supervisor shall supervise the management of Dr. Tamari’s practice. The supervision of his practice management shall contain the following elements:
- The Supervisor will meet with Dr. Tamari in person a minimum of once a month;
- The Supervisor will review the Log and corresponding charts, as necessary, to ensure the timely provision of complete records and reports, and, in addition, ten (10) current patient charts selected on a random basis by the Supervisor to ensure accessibility, legibility and completeness;
- Dr. Tamari shall fully cooperate with, and shall abide by any recommendations of his Supervisor, including any recommended practice management improvements and ongoing professional development;
- The Supervisor will submit written reports to the College, at minimum, once per month, for the first three (3) months, and every other month thereafter;
- If a Supervisor who has given an undertaking in the form attached at Schedule “A” to the Order is unwilling or unable to continue to fulfill its terms, Dr. Tamari shall, within twenty (20) days of receiving notice of same, obtain an executed undertaking in the same form from a similarly qualified person who is acceptable to the College and ensure that it is delivered to the College within that time;
- Dr. Tamari shall inform the College of each and every location where he practises in any jurisdiction (his “Practice Location(s)”) within five (5) days of returning to practice and shall inform the College of any and all new Practice Locations within five (5) days of commencing practice at that location.
- Dr. Tamari shall submit to, and not interfere with, unannounced inspections of his Practice Location(s) and patient charts by a College representative for the purposes of monitoring and enforcing his compliance with the terms of this Order.
- Dr. Tamari shall be responsible for any and all costs associated with implementing the terms of this Order.
- Dr. Tamari shall consent to the College making enquiries of the Ontario Health Insurance Plan and/or any person who or institution that may have relevant information, including his \administrative assistant, in order for the College to monitor and enforce his compliance with the terms of this Order.
- Dr. Tamari attend before the panel to be reprimanded.
- Dr. Tamari pay to the College costs in the amount of $10,180.00, within ninety (90) days of the date of this Order.
 
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): June 13 2018
Date of Decision: 18 May 2012
Summary of Decision:
On May 18, 2012, the Discipline Committee found that Dr. Erez Tamari committed an act of professional misconduct, in that he has engaged in conduct or 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. Tamari failed to respond in a timely manner to a request for medical records related to his patient made repeatedly by an insurance company in 2009 for the purpose of processing the patient's claim under her travel insurance policy. Dr. Tamari admitted the allegation.

Patient X incurred a claim while travelling under travel medical emergency insurance. On April 2, 2009, the insurance company sent a fax to Dr. Tamari's office requesting Patient X's medical records in order to process the claim. The fax was marked "urgent" and "please reply" and was received by Dr. Tamari's office.

The insurance company sent multiple faxes to Dr. Tamari requesting the medical records. The company's records state that between April 8, 2009 and September 30, 2009, employees placed over two dozen calls to Dr. Tamari's office to follow up on the request for Patient X's medical records.
Dr. Tamari provided the requested records to the insurance company in mid-November 2009.
Therefore, the Committee ordered and directed that:
1. the Registrar suspend Dr. Tamari's Certificate of Registration for a four week period, to commence at 11:59 p.m. on June 18, 2012;

2. the Registrar impose as terms, conditions and limitations on Dr. Tamari's certificate of registration for an indefinite period or for the specified periods of time set out herein:
a. Dr. Tamari shall maintain a log of requests for third party reports and medical records, which shall indicate when such requests were made and when they were fulfilled (the "Log");

b. Dr. Tamari shall participate in and successfully complete an educational program in practice management with a preceptor who is to be approved by the College in its sole discretion and who has within forty-five days of the date of this Order signed an Undertaking to the College in the form attached hereto as Schedule "A". Termination of the preceptorship shall be at the sole discretion of the College, but shall in any case not occur until either six (6) months have passed, or two positive successive reports from the preceptor have been received by the College, whichever occurs later. Dr. Tamari shall abide by all recommendations of his preceptor with respect to practice improvements and/or professional development;

c. Within twelve (12) months of completing the preceptorship required by paragraph 2(b) above, Dr. Tamari shall undergo a re-assessment with regard to practice management by a College-appointed Assessor. The assessment will include a review of Dr. Tamari's Log. Dr. Tamari shall abide by all recommendations with regard to practice management made by the College-appointed Assessor. The Assessor shall report the results of this assessment to the College;

d. Dr. Tamari 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;

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

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

4. Dr. Tamari shall, within 30 days, pay the College its costs of this proceeding in the amount of $3,650.00.
 
Reasons for Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): May 18, 2012
Date of Decision: 03 Apr 2000
Summary of Decision:
On April 3, 2000, the Discipline Committee accepted Dr. Tamari(s plea of guilty and found him guilty of professional misconduct in that he failed to respond appropriately or within a reasonable time to a written inquiry from the College and that he failed without reasonable cause to provide a report or certificate relating to an examination or treatment performed by him to the patient or his or her authorized representative within a reasonable time after the patient or his or her authorized representative had requested such a report or certificate. The Committee subsequently ordered the following penalty:

1) A reprimand, with the fact of the reprimand to be recorded on the register;
2) Dr. Tamari(s certificate of registration be suspended for a period of one month to commence May 1, 2000;
3) That the suspension shall be suspended if prior to May 1, 2000, Dr. Tamari provides his written consent to an inspection of his practice by an inspector on behalf of the College appointed by the Registrar, the costs of which be paid by Dr. Tamari to a maximum of $1,200.00, and if the inspection itself occurs prior to May 1, 2000;
4) The inspection report shall be provided to the Registrar and the Executive Committee, and that the Executive Committee shall take such further action as it is empowered to do and as many be necessary on the basis of the report; and
5) Dr. Tamari shall pay the College its costs in the amount of $7,000.00 within six months of the date of this order (April 3, 2000).
Reasons for Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Apr 03, 2000

Other Notifications (1)

Member-reported Findings of Malpractice/Professional Negligence
On January 17, 2012, at the Ontario Superior Court of Justice in Brampton, a finding of Professional Negligence was made against Dr. Tamari.

Training

Medical School: University of Toronto, 1983

Registration History

DETAILS DATE
Suspension of registration removed. Effective: 13 Dec 2018
Suspension of registration imposed: Discipline Committee Effective: 13 Jun 2018
Terms and conditions amended by Discipline Committee. Effective: 13 Jun 2018
Terms and conditions amended by Discipline Committee. Effective: 31 Jan 2018
Terms and conditions amended by Member. Effective: 29 Mar 2017
Terms and conditions amended by Inquiries, Complaints and Reports Committee. Effective: 25 Feb 2017
Terms and conditions amended by Inquiries, Complaints and Reports Committee. Effective: 25 Jan 2017
Suspension of registration removed. Effective: 16 Jul 2012
Suspension of registration imposed: Discipline Committee Effective: 18 Jun 2012
Transfer of class of registration to: Restricted Certificate Effective: 18 May 2012
Arrow_iconTerms and conditions imposed on certificate by: Discipline Committee Effective: 18 May 2012
Transfer of class of registration to: Independent Practice Certificate Effective: 13 Jun 1985
First certificate of registration issued: Postgraduate Education Certificate Effective: 13 Jun 1983
DETAILS: Suspension of registration removed.
Date: Effective: 13 Dec 2018
DETAILS: Suspension of registration imposed: Discipline Committee
Date: Effective: 13 Jun 2018
DETAILS: Terms and conditions amended by Discipline Committee.
Date: Effective: 13 Jun 2018
DETAILS: Terms and conditions amended by Discipline Committee.
Date: Effective: 31 Jan 2018
DETAILS: Terms and conditions amended by Member.
Date: Effective: 29 Mar 2017
DETAILS: Terms and conditions amended by Inquiries, Complaints and Reports Committee.
Date: Effective: 25 Feb 2017
DETAILS: Terms and conditions amended by Inquiries, Complaints and Reports Committee.
Date: Effective: 25 Jan 2017
DETAILS: Suspension of registration removed.
Date: Effective: 16 Jul 2012
DETAILS: Suspension of registration imposed: Discipline Committee
Date: Effective: 18 Jun 2012
DETAILS: Transfer of class of registration to: Restricted Certificate
Date: Effective: 18 May 2012
DETAILS: Terms and conditions imposed on certificate by: Discipline Committee
Date: Effective: 18 May 2012
DETAILS: Transfer of class of registration to: Independent Practice Certificate
Date: Effective: 13 Jun 1985
DETAILS: First certificate of registration issued: Postgraduate Education Certificate
Date: Effective: 13 Jun 1983