As from 11:59 p.m., February 24, 2015, 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. David Brian Opper:
(i) Dr. Opper shall participate in and successfully complete an educational
program satisfactory to the College in Ethics, with a report or reports
to be provided to the College regarding Dr. Opper's progress and
compliance. Dr. Opper shall complete this requirement by August 1, 2015
or, if no satisfactory program is available by that time, by the first
possible opportunity thereafter;
(ii) Within thirty (30) days of the date of this Order, Dr. Opper shall obtain
a physician practice monitor acceptable to the College, who will review
his Ontario Health Insurance Plan ("OHIP") billings and corresponding
patient charts to ensure his compliance with the Health Insurance Act and
who will sign an undertaking in the form attached hereto as Schedule "A"
(the "Practice Monitor");
(iii) The Practice Monitor will review, at minimum, 25 of Dr. Opper's patient
charts for which he has billed OHIP once every three (3) months for a
minimum of one year. If Dr. Opper bills OHIP for fewer than 25 patients
in any given three-month period, the Practice Monitor will review all of
the patient charts for which Dr. Opper billed OHIP. In the event that Dr.
Opper has billed OHIP for fewer than 100 patients during the one-year
period of monitoring, the monitoring will continue until a minimum of 100
charts have been reviewed;
(iv) If a Practice Monitor who has given an undertaking in Schedule "A" to
this Order is unable or unwilling to continue to fulfill its terms, Dr.
Opper 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;
(v) If Dr. Opper is unable to obtain a Practice Monitor in accordance with
paragraphs 4(ii), 4(iii) and 4(iv) of this Order, he shall cease to
submit bills to OHIP until such time as he has done so;
(vi) Dr. Opper shall consent to the disclosure by his Practice Monitor to the
College, and by the College to his Practice Monitor, of all information
the Practice Monitor or the College deems necessary or desirable in order
to fulfill the Practice Monitor's undertaking and to monitor Dr. Opper's
compliance with this Order;
(vii) For an indefinite period of time, Dr. Opper shall inform the College of
each and every location where he practices including, but not limited to
hospitals, clinics, and offices, in any jurisdiction (collectively, his
"Practice Location(s)"), within fifteen (15) days of this Order, and
shall inform the College of any and all new Practice Locations within 15
days of commencing practice at that location;
(viii)For an indefinite period of time, Dr. Opper shall submit to, and not
interfere with, unannounced inspections of his Practice Location(s) and
patient records by a College representative for the purposes of
monitoring his compliance with this Order;
(ix) Dr. Opper shall consent to the monitoring of his OHIP billings and
cooperate with inspections of his practice and patient charts by his
Practice Monitor and College representatives for the purpose of
monitoring and enforcing his compliance with the terms of this Order; and
(x) Dr. Opper shall be responsible for any and all costs associated with
implementing the terms of this Order.