On January 11, 2013, the Discipline Committee found that Dr. Samuel Josef Wassermann committed an act of professional misconduct, in that he failed to maintain the standard of practice of the profession, and 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. Wassermann admitted the allegations.
Dr. Wasserman temporarily closed his practice around December 18, 2009. Between November 2008 and March 2011, seventeen patients made repeated requests for their medical records. Dr. Wassermann failed to respond in a timely manner. In June 2011, Dr. Wasserman transferred his medical records to a medical records storage service, Record Storage and Retrieval Services ("RSRS"). By March 21, 2012, after contact by a College investigator, Dr. Wasserman arranged for sixteen of the patients to receive their records and advised one of the patients that those records were missing.
Based on an investigation, the College's independent expert's opinion was that Dr. Wassermann failed to maintain the standard of practice in his care and treatment of 23 patients and exposed these patients to risk of harm, including: inadequate medical record keeping; failure to document rationale for certain tests andcomment on certain results; various prescribing issues; failure to follow up certain clinical indications and test results; repeated failure to adequately monitor patients' blood pressure; inappropriate management of a patient's migraine with sedatives; inadequate management of anemia.
The Discipline Committee ordered and directed that:
1. The Registrar impose the following terms, conditions and limitations on Dr. Wassermann's certificate of registration:
(i) Dr. Wassermann shall practise only in a group practise environment approved by the College.
(ii) Dr. Wassermann shall ensure that the Director, Chief of Staff, office manager or other person in a comparable role who is acceptable to the College, at each location at which he practices (the "Reporting Director(s)"), sign an undertaking in the form attached to the Order as Appendix A, and that the Reporting Director(s) report to the College on a quarterly basis in respect of Dr. Wassermann's office and practise management, his administrative and organizational performance and his communication/interactions with patients and colleagues;
(iii) If a Reporting Director who has given an Undertaking is unwilling or unable to continue to fulfill its terms, Dr. Wassermann shall, within 30 days, obtain an Undertaking in the same form from a person who is acceptable to the College;
(iv) If Dr. Wassermann is unable to obtain a Reporting Director at a location at which he practices as set out in (ii) or (iii) above, Dr. Wassermann shall cease to practice at that location immediately until such time as he has obtained a Reporting Director at that location;
(v) Dr. Wassermann shall undergo a preceptorship (the "Preceptorship") under the supervision of a preceptor acceptable to the College (the "Preceptor"), who shall sign an Undertaking in the form attached to the Order as Appendix "B", such Preceptorship to include,
a. For the first 6 months, monthly chart reviews of 25 patient charts from all practise locations, selected by the Preceptor in his/her sole discretion, monthly meetings for discussion of any concerns and recommendations of the preceptor, and monthly reports to the College - the first preceptorship meeting to take place within two weeks of the preceptorship commencing;
b. After the first 6 months of the Preceptorship, if the preceptor believes it appropriate and reports the basis for this belief to the College, the number of charts reviewed may be decreased to 10 charts/month for a further 6 months, with monthly meetings for discussion of any concerns and recommendations of the preceptor, and monthly reports to the College;
(vi) If Dr. Wassermann's Preceptor is unwilling or unable to continue to fulfill the terms of this Order and Appendix "B" hereto, Dr. Wassermann shall, within twenty (20) days, obtain an Undertaking in the same form from a person who is acceptable to the College, failing which Dr. Wassermann shall immediately cease practice until this requirement is satisfied;
(vii) Dr. Wassermann shall continue his participation in, and full compliance with, the Physician Health Program ("PHP"), and he shall ensure that the PHP provides the College quarterly reports regarding his compliance, progress, and any recommendations regarding his practise (including any changes in recommendation as to the amount of time Dr. Wassermann should spend in practise);
(viii) Following the completion of the Preceptorship, Dr. Wassermann shall undergo a Comprehensive Practise Assessment by an assessor or assessors appointed by the College (the "Assessor(s)");
(ix) Dr. Wassermann shall abide by any and all recommendations of his Reporting Director(s), the Preceptor(s), the PHP, and the Assessors, including with respect to any practice improvements and/or ongoing professional development and/or education;
(x) Nothing in this Order shall alter or detract from Dr. Wassermann's obligations pursuant to the College's policy on Re-entering Practice, or such equivalent policies as may apply to Dr. Wassermann in the future; and
(xi) Dr. Wassermann shall be solely responsible for all fees, costs and expenses associated with his compliance with the terms of this Order.
2. Dr. Wassermann attend before this panel to be reprimanded.
3. Dr. Wassermann pay costs to the College in the amount of $3,650.00 within 60 days of the date of this Order.
Terms and conditions imposed on certificate by: Member