As from June 9, 2025, the following is imposed as a term, condition and limitation on the certificate of registration held by Dr. Gary Stuart Weinstein in accordance with an undertaking and consent given by Dr. Weinstein to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. GARY STUART WEINSTEIN
(“Dr. Weinstein”)
to
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the “College”)
PREAMBLE
In this Undertaking:
“Code” means the Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended;
“Discipline Tribunal” means the Ontario Physicians and Surgeons Discipline Tribunal of the College;
“ICRC” means the Inquiries, Complaints and Reports Committee of the College;
“IEP” means Individualized Education Plan;
“NMS” means the Drug Program Services Branch, the Narcotics Monitoring System implemented under the Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22, as amended;
“OHIP” means the Ontario Health Insurance Plan;
“Ontario Physicians and Surgeons Discipline Tribunal” means the Discipline Committee established under the Code;
“Practice Location” or “Practice Locations” means each and every location at which Dr. Weinstein practices, delegates, or has privileges, including, but not limited to, any hospitals, clinics, offices, and any Out-of-Hospital Premises and Independent Health Facilities with which he is affiliated, in any jurisdiction;
“Public Register” means the College’s register that is available to the public.
I, Dr. Weinstein, certificate of registration number 61065, am a member of the College.
I, Dr. Weinstein, acknowledge that following a public complaint, the College conducted an investigation bearing CAS-390109-L1D8L9 into my care of a patient in my family medicine practice. I further acknowledge that the College conducted an investigation bearing File Number CAS-455022-C5L9D6 into whether I engaged in professional misconduct and/or am incompetent in my family medicine practice, including my prescribing of narcotics and controlled substances, medical records documentation, and conduct.
I, Dr. Weinstein, acknowledge that, in addition to accepting this Undertaking, the ICRC will also require me to appear before a panel of the ICRC to be cautioned in relation to the investigation bearing File Number CAS-390109-L1D8L9.
UNDERTAKING
I, Dr. Weinstein, undertake to abide by the provisions of this Undertaking, effective immediately.
Resignation of Prescribing Privileges
I, Dr. Weinstein, acknowledge that I have executed the Prescribing Resignation Letter to Health Canada, which is attached hereto as Appendix “A” (the “Resignation Letter”).
I, Dr. Weinstein, consent to the College sending the Resignation Letter to Health Canada on my behalf.
I, Dr. Weinstein, undertake that I will not issue new prescriptions or renew existing prescriptions for or administer any of the following substances, except when practicing in a long-term care home setting:
Narcotic Drugs (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
Narcotic Preparations (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
Controlled Drugs (from Part G of the Food and Drug Regulations under the Food and Drugs Act, S.C., 1985, c. F-27);
Benzodiazepines and Other Targeted Substances (from the Benzodiazepines and Other Targeted Substances Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(A summary of the above-named drugs [from Appendix I to the Compendium of Pharmaceuticals and Specialties] is attached hereto as Appendix “B”; and links to the current regulatory lists are attached hereto as Appendix “C”)
Monitored Drugs (as defined under the Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22, with a link to the current regulatory list attached hereto as Appendix “D”);
and as amended from time to time.
I, Dr. Weinstein, undertake to immediately refer all patients who I treat outside of a long-term care home setting, and to whom I am prescribing any of the substances described in section (c), above, to other physicians for assessment and care.
I, Dr. Weinstein, undertake to keep a log of all patients referred to other physicians pursuant to section (6)(d), above (the “Log”). I, Dr. Weinstein, undertake to include in the Log the name of each patient referred, the name of the physician referred to, and the date of referral.
I, Dr. Weinstein, undertake that, within thirty (30) days of executing this Undertaking, I will return any supplies of the substances referred to in section (6)(c) above that are presently in my possession, in any place outside of a long-term care home setting, to a pharmacy in a safe and secure manner, as stipulated in the College’s Policy “Prescribing Drugs.”
I, Dr. Weinstein, undertake to inform the College of each and every one of my Practice Locations within five (5) days of executing this Undertaking. Going forward, I further undertake to inform the College of any and all new Practice Locations within five (5) days of commencing practice at that location.
Posting a Sign
I, Dr. Weinstein, undertake that I shall post a sign in all waiting rooms and in each examination and consulting room, in all my Practice Locations except for long-term care home settings, in a clearly visible and secure location, at all times whether or not I am physically present at the Practice Location, in the form set out at Appendix “E”. If providing care in a virtual setting, I shall display the sign to the patient at the outset of the patient encounter. If the patient encounter is by telephone, I shall read the sign to the patient at the outset of the patient encounter. For further clarity, this sign shall state as follows:
IMPORTANT NOTICE
Dr. Weinstein must not prescribe or administer any of the following, except when practicing in a long-term care home setting:
Narcotic Drugs
Narcotic Preparations
Controlled Drugs
Benzodiazepines and Other Targeted Substances
Monitored Drugs
Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca
I, Dr. Weinstein, undertake to post a certified translation in any language in which I provide services, of the sign described in section (9)(a) above, in all waiting rooms and in each examination and consulting room, in all my Practice Locations except for long-term care home settings, in a clearly visible and secure location, in the form set out at Appendix “E.”
I, Dr. Weinstein, undertake to provide the certified translation described in section (9)(b), to the College within thirty (30) days of executing this Undertaking.
I, Dr. Weinstein, undertake that if I elect, after the execution of this Undertaking, to provide services in any other language, I will notify the College prior to providing any such services.
I, Dr. Weinstein, undertake to provide to the College the certified translation described in section (9)(b) prior to beginning to provide services in any language described in section (9)(d).
Long-Term Care Home Prescribing Log
I, Dr. Weinstein, shall, until the successful completion of the Reassessment of my practice in accordance with paragraph (13), keep a Log of all prescriptions for Narcotic Drugs, Narcotic Preparations, Controlled Drugs, Benzodiazepines and Other Targeted Substances and Monitored Drugs which I prescribe in a long-term care home setting, in the form attached as set out in Appendix “F”, which will include at least the following information (the “Prescribing Log”):
the date of the appointment;
the name of the patient and chart/file number;
the name of the medication prescribed, dose, direction, number of tablets to be dispensed and frequency;
the clinical indication;
whether the prescription is for a new medication and/or different dose or frequency than currently prescribed to the patient (Y/N);
Dr. Weinstein’s signature;
the date of the Clinical Supervisor’s review; and
the Clinical Supervisor’s signature.
I, Dr. Weinstein, undertake to keep a copy of all prescriptions I write for Narcotic Drugs, Narcotic Preparations, Controlled Drugs, Benzodiazepines and Other Targeted Substances and Monitored Drugs in a long-term care home setting, in the corresponding patient chart.
Clinical Supervision
I, Dr. Weinstein, undertake to practise under the guidance of a clinical supervisor or clinical supervisors acceptable to the College (the “Clinical Supervisor” or “Clinical Supervisors”), for at least seven (7) months (“Clinical Supervision”). Clinical Supervision shall cease only upon approval from the College.
I, Dr. Weinstein, undertake to remain free of any conflict of interest with the Clinical Supervisor.
I, Dr. Weinstein, acknowledge that I have reviewed the Clinical Supervisor’s undertaking, attached hereto as Appendix “G”, and understand what is required of the Clinical Supervisor. The Clinical Supervisor will, at minimum:
Facilitate the education program set out in the IEP attached hereto as Appendix “H”;
Review the materials provided by the College and have an initial meeting to discuss the objectives for the Clinical Supervision and practice improvement recommendations;
Meet with me at my Practice Location, or another location approved by the College, once every week for a minimum of four (4) weeks (“High Level Supervision”);
After a minimum of four (4) weeks of High Level Supervision, if my Clinical Supervisor recommends and the College approves a reduction in the level of supervision, my Clinical Supervisor will meet with me at my Practice Location, or another location approved by the College, once every two (2) weeks for a minimum of three (3) months (“Moderate Level Supervision”);
After a minimum of three (3) months of Moderate Level Supervision, if my Clinical Supervisor recommends and the College approves a reduction in the level of supervision, my Clinical Supervisor will meet with me at my Practice Location, or another location approved by the College, once every month for a further three (3) months (“Low Level Supervision”), and until the College approves the end of Clinical Supervision;
At every meeting, review my Prescribing Log and the charts of a minimum of fifteen (15) patients listed on the Prescribing Log since the Clinical Supervisor’s prior review;
Sign and date the Prescribing Log to confirm the charts that the Clinical Supervisor(s) has reviewed and discussed with me;
Discuss any concerns arising from the chart reviews;
Make recommendations to me for practice improvements and ongoing professional development and inquire into my compliance with the recommendations;
Perform any other duties, such as reviewing other documents or conducting interviews with staff or colleagues, that the Clinical Supervisor deems necessary to my Clinical Supervision;
Submit written reports to the College at least once every week for four (4) weeks during High Level Supervision, or until the College approves a reduction in the level of supervision to Moderate Level Supervision, once every month for three (3) months during Moderate Level Supervision, or until the College approves a reduction in the level of supervision to Low Level Supervision, and then once at the end of supervision, or more frequently if the Clinical Supervisor has concerns about my standard of practice; and
Remain free of any conflict of interest with me.
I, Dr. Weinstein, undertake to cooperate fully with the Clinical Supervision of my practice, conducted under the terms of this Undertaking and Appendix “G” attached, and to abide by the recommendations of my Clinical Supervisor(s), including but not limited to, any recommended practice improvements and ongoing professional development.
I, Dr. Weinstein, undertake to ensure that Appendix “G” to this Undertaking, is signed and delivered to the College within fifteen (15) days of the date I execute this Undertaking.
I, Dr. Weinstein, undertake that if a person who has given an undertaking in Appendix “G” to this Undertaking is unable or unwilling to continue to fulfill its provisions, I shall, within fifteen (15) 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.
I, Dr. Weinstein, undertake that if I am unable to obtain a Clinical Supervisor on the provisions set out under sections and/or (11)(e) and/or (f) above, I will cease practising medicine until such time as I have obtained a Clinical Supervisor acceptable to the College.
I, Dr. Weinstein, acknowledge that if I am required to cease practise as a result of section (11)(g) above this will constitute a term, condition or limitation on my certificate of registration and that term, condition or limitation will be included on the public register.
Professional Education
I, Dr. Weinstein, undertake to participate in and successfully complete all elements of the detailed IEP, attached hereto as Appendix “H”, including but not limited to, the following professional education (the “Professional Education”):
Opioids Clinical Primer, McMaster University;
Opioid Use Disorder Treatment Course, Centre for Addiction & Mental Health;
Core Concepts of Concurrent Disorders, Centre for Addiction & Mental Health;
Concurrent Disorders in Primary Care, Centre for Addiction & Mental Health;
Documentation: Principles of Medical Record Keeping eLearning Module, Canadian Medical Protective Association;
Review, reflection, and discussion with my Clinical Supervisor of the following policies and other self-study:
Prescribing Drugs, College policy;
Virtual Care, College policy;
Consent to Treatment, College policy;
Transitions in Care, College policy;
Busse JW et al. Guideline for opioid therapy and chronic noncancer pain. CMAJ. 2017;189:E659-E666;
2024 Canadian Opioid Prescribing Guideline, McMaster University;
Safe Prescribing Practices for Addictive Medications and Management of Substance Use Disorders in Primary Care: A Pocket Reference for Primary Care Providers, College of Family Physicians of Canada;
Opioid Use Disorder (OUD) Tool, The Centre for Effective Practice;
Opioid Tapering Template, The Centre for Effective Practice;
Choosing Wisely: Family Medicine;
Good Practices - Physician-Patient: Patient-centred communication, Canadian Medical Protective Association;
Challenging patient encounters: How to safely manage and de-escalate, Canadian Medical Protective Association;
Good Practices - Physician-Patient: Informed Consent, Canadian Medical Protective Association;
Essentials of Medical Professionalism, College policy;
Best Advice Guide: Panel Size, College of Family Physicians of Canada;
Medical Records Management, College policy;
Medical Records Documentation, College policy;
Consent to Treatment, College policy;
Good Practices - Physician-patient: Documentation and record keeping, Canadian Medical Protective Association;
Good Practices - Physician-Patient: Informed Consent, Canadian Medical Protective Association;
any additional professional education recommended by my Clinical Supervisor(s).
I, Dr. Weinstein, undertake to provide proof to the College of my successful completion of each element of the Professional Education specified above, including proof of registration, attendance and participant assessment reports where available, within one (1) month of completion of each element. I acknowledge that the College will determine, in its sole discretion, whether I have successfully completed each element of the Professional Education.
I, Dr. Weinstein, undertake to complete this requirement within three (3) months or, if no satisfactory program is available by that time, by the first possible opportunity thereafter.
I, Dr. Weinstein, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.
Professional Education
I, Dr. Weinstein, undertake that, approximately six (6) months after the completion of the Clinical Supervision set out in section (11) above and Appendix “G” to this Undertaking and the Professional Education set out in section (12) above, I will submit to a reassessment of my practice (“the Reassessment”) by an assessor or assessors selected by the College (the “Assessor” or “Assessors”). I acknowledge that the Reassessment will include a chart review of a minimum of fifteen (15) charts, and may include direct observation of my care, interviews with me, colleagues and co-workers, feedback from patients and any other tools deemed necessary by the College.
I, Dr. Weinstein, undertake to co-operate fully with the Reassessment, conducted under the term of this Undertaking.
I, Dr. Weinstein, acknowledge that my Clinical Supervisor may receive and review the findings of the Assessor, and may discuss with the Assessor any issues or concerns arising from the Reassessment.
I, Dr. Weinstein, acknowledge that the results of the Reassessment will be provided to me and reported to the College and the Reassessment may form the basis of further action by the College.
Professional Education
I, Dr. Weinstein, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient charts by the College and to any other activity the College deems necessary in order to monitor my compliance with the provisions of this Undertaking.
I, Dr. Weinstein, give my irrevocable consent to the College to make appropriate enquiries of OHIP, NMS, and any person who or institution that may have relevant information, in order for the College to monitor my compliance with the provisions of this Undertaking.
I, Dr. Weinstein, acknowledge that I have executed the OHIP and NMS consent forms, attached hereto as Appendix “I” and Appendix “J”, respectively.
ACKNOWLEDGEMENT
I, Dr. Weinstein, acknowledge that all schedules attached to or referred to in this Undertaking form part of this Undertaking.
I, Dr. Weinstein, acknowledge and undertake that I shall be solely responsible for payment of all fees, costs, charges, expenses, etc. arising from the implementation of any of the provisions of this Undertaking.
I, Dr. Weinstein, acknowledge that I have read and understand the provisions of this Undertaking and that I have obtained independent legal counsel in reviewing and executing this Undertaking, or have waived my right to do so.
I, Dr. Weinstein, acknowledge that the College will provide this Undertaking to any Chief of Staff, or a colleague with similar responsibilities, at any Practice Location (“Chief of Staff” or “Chiefs of Staff”).
I, Dr. Weinstein, acknowledge that a breach by me of any provision of this Undertaking may constitute an act of professional misconduct and/or incompetence, and may result in a referral of specified allegations to the Discipline Tribunal.
I, Dr. Weinstein, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
Public Register
I, Dr. Weinstein, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
I, Dr. Weinstein, acknowledge that, in addition to this Undertaking being posted in accordance with section (21)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
A College investigation was conducted into Dr. Weinstein’s care of a patient in his family medicine practice. A second College investigation was conducted into whether Dr. Weinstein engaged in professional misconduct and/or is incompetent in his family medicine practice, including his prescribing of narcotics and controlled substances, medical records documentation, and conduct. As a result of the investigations:
Dr. Weinstein must not issue new prescriptions or renew existing prescriptions for or administer any of the following substances, except when practicing in a long-term care home setting:
Narcotic Drugs (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
Narcotic Preparations (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
Controlled Drugs (from Part G of the Food and Drug Regulations under the Food and Drugs Act, S.C., 1985, c. F-27);
Benzodiazepines and Other Targeted Substances (from the Benzodiazepines and Other Targeted Substances Regulations made under the Controlled Drugs and Substances Act., S.C., 1996, c. 19);
Monitored Drugs (as defined under the Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22);
and as amended from time to time.
Dr. Weinstein must post a clearly visible sign in the waiting rooms and each examination and consulting room, in all Practice Locations except for long-term care home settings, which states as follows:
IMPORTANT NOTICE
Dr. Weinstein must not prescribe or administer any of the following, except when practicing in a long-term care home setting:
Narcotic Drugs
Narcotic Preparations
Controlled Drugs
Benzodiazepines and Other Targeted Substances
Monitored Drugs
Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca
Dr. Weinstein will practice under the guidance of a Clinical Supervisor acceptable to the College for seven months.
Dr. Weinstein will engage in professional education in medical recordkeeping, the assessment and management of patients with chronic noncancer pain, common conditions encountered and managed in family medicine, and maintaining an appropriate practice size.
Dr. Weinstein’s practice will be reassessed by an assessor selected by the College within six months of the end of the period of Clinical Supervision and the Professional Education.
I, Dr. Weinstein, acknowledge that this Undertaking remains in effect until the College determines its terms are satisfied.
CONSENT
I, Dr. Weinstein, give my irrevocable consent to the College to provide the following information to any person who requires this information for the purposes of facilitating my completion of the Professional Education and to all Clinical Supervisors, and/or Assessors:
any information the College has that led to the circumstances of my entering into this Undertaking;
any information arising from any investigation into, or assessment of, my practice; and
any information arising from the monitoring of my compliance with this Undertaking.
I, Dr. Weinstein, give my irrevocable consent to the College to provide all Chiefs of Staff with any information the College has that led to the circumstances of my entering into this Undertaking and/or any information arising from the monitoring of my compliance with this Undertaking.
I, Dr. Weinstein, give my irrevocable consent to any person who facilitates my completion of the Professional Education, and to all Clinical Supervisors, Chiefs of Staff and Assessors, to disclose to the College, and to one another, any information:
relevant to this Undertaking;
relevant to the provisions of the Clinical Supervisor’s undertaking set out at Appendix “G”;
relevant to the Reassessment;
relevant for the purposes of monitoring my compliance with this Undertaking; and/or
which comes to his or her attention in the course of providing the Professional Education and which he or she reasonably believes indicates a potential risk of harm to my patients.
Terms and conditions imposed on certificate by: Member