(1 of 2)
As from October 4th, 2024, the following terms, conditions and limitations are imposed on the certificate of registration held by Dr. David Jang Barrett, in accordance with an undertaking and consent Dr. Barrett has given to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. DAVID JANG BARRETT
(“Dr. Barrett”)
to
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the “College”)
________________________________________
A. PREAMBLE
(1) 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;
“OHIP” means the Ontario Health Insurance Plan;
“Ontario Physicians and Surgeons Discipline Tribunal” means the Discipline Committee established under the Code;
“Public Register” means the College’s register that is available to the public.
(2) I, Dr. Barrett, certificate of registration number 80252, am a member of the College.
(3) I, Dr. Barrett, acknowledge that following a public complaint, I underwent remediation and submitted to a reassessment of my practice. The reassessment report subsequently received by the College raised concerns about my standard of practice.
(4) I, Dr. Barrett, acknowledge that I entered into an undertaking dated July 26, 2019 (“the July 2019 undertaking”) which restricted my practice. This Undertaking does not supersede or replace the July 2019 undertaking, which remains in effect.
B. UNDERTAKING
(5) I, Dr. Barrett, undertake to abide by the provisions of this Undertaking, effective immediately.
(6) Professional Education
(a) I, Dr. Barrett, undertake to participate in and successfully complete all aspects of the detailed IEP, attached hereto as Appendix “A”, including all of the following professional education (the “Professional Education”):
(i) Documentation: Principles of Medical Record Keeping eLearning Module, Canadian Medical Protective Association;
(ii) Medical Record-Keeping Workshop, University of Toronto;
(iii) Motivational interviewing: Introduction and application, Centre for Addiction & Mental Health;
(iv) Review, reflection, and a written summary of the following policies and other self-study:
1. Good Practices - Physician-patient: Documentation and record keeping, Canadian Medical Protective Association;
(v) Review and reflection of the following policies and other self-study:
1. Sample Diabetes Patient Care Flow Sheet for Adults. Can J Diabetes. 2018;42:S309–S310;
2. Best Advice Guide: Panel Size, College of Family Physicians of Canada.
(b) I, Dr. Barrett, undertake to provide proof to the College of my successful completion of the Professional Education, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it. I acknowledge that the College will determine, in its sole discretion, whether I have successfully completed the Professional Education.
(c) I, Dr. Barrett, 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.
(d) I, Dr. Barrett, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.
(e) I, Dr. Barrett, acknowledge that if any of the programs and/or self-study resources listed above become unavailable, substitution requests will be reviewed by the College and the College will determine in its sole discretion whether substitution is appropriate.
(7) Reassessment of Practice
(a) I, Dr. Barrett, undertake that, approximately six (6) months after the completion of the Professional Education set out in section (6) 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 may include a chart review of a minimum of fifteen (15) charts, direct observation of my care, interviews with me, colleagues and co-workers, feedback from patients, and any other tools deemed necessary by the College.
(b) I, Dr. Barrett, undertake to co-operate fully with the Reassessment, conducted under the term of this Undertaking.
(c) I, Dr. Barrett, 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.
(8) Monitoring
(a) I, Dr. Barrett, undertake to inform the College of each and every location at which I practise or have privileges, including, but not limited to, any hospitals, clinics, offices, and any Independent Health Facilities with which I am affiliated, in any jurisdiction (collectively my “Practice Location” or “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.
(b) I, Dr. Barrett, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient records by a College representative for the purposes of monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Barrett, give my irrevocable consent to the College to make appropriate enquiries of OHIP and/or 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.
(d) I, Dr. Barrett, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “B”.
C. ACKNOWLEDGEMENT
(9) I, Dr. Barrett, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Barrett, 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.
(11) I, Dr. Barrett, 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.
(12) I, Dr. Barrett, 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”).
(13) I, Dr. Barrett, 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 of the College.
(14) I, Dr. Barrett, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(15) Public Register
(a) I, Dr. Barrett, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Barrett, acknowledge that, in addition to this Undertaking being posted in accordance with section (15)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Dr. Barrett underwent remediation and submitted to a reassessment of his general medicine practice. The reassessment report subsequently received by the College raised concerns about Dr. Barrett’s standard of practice. As a result of the reassessment:
Dr. Barrett will engage in professional education in implementing flow sheets for chronic disease management, in monitoring and documenting chronic issues, in applying motivational interviewing techniques to improve patient adherence to chronic disease self-management, and in reflecting on a manageable panel size.
Dr. Barrett’s practice will be reassessed by an assessor selected by the College within six months of the completion of the professional education.
(c) I, Dr. Barrett, acknowledge that this Undertaking remains in effect until the College determines its terms are satisfied.
D. CONSENT
(16) I, Dr. Barrett, 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/or to all Assessors:
(a) any information the College has that led to the circumstances of my entering into this Undertaking;
(b) any information arising from any investigation into, or assessment of, my practice; and
(c) any information arising from the monitoring of my compliance with this Undertaking.
(17) I, Dr. Barrett, 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.
(18) I, Dr. Barrett, give my irrevocable consent to any persons who facilitate my completion of the Professional Education, and to all Chiefs of Staff and Assessors, to disclose to the College, and to one another, any of the following:
(a) any information relevant to this Undertaking;
(b) any information relevant to the Reassessment;
(c) any information relevant for the purposes of monitoring my compliance with this Undertaking; and/or
(d) any information which comes to their attention in the course of providing the Professional Education and which they reasonably believe indicates a potential risk of harm to my patients.
(2 of 2)
As from July 26th, 2019, the following terms, conditions and limitations are imposed on the certificate of registration held by Dr. David Jang Barrett, in accordance with an undertaking and consent Dr. Barrett has given to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. DAVID JANG BARRETT
(“Dr. Barrett”)
to
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the “College”)
A. PREAMBLE
(1) 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;
"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;
"Public Register" means the College's register that is available to the public.
(2) I, Dr. Barrett, certificate of registration number 80252, am a member of the College.
(3) I, Dr. Barrett, acknowledge that following a report that raised concerns about my standard of practice in prescribing narcotics and controlled substances the College conducted an investigation bearing File Number 1102376 (the "Investigation").
B. UNDERTAKING
(4) I, Dr. Barrett, undertake to abide by the provisions of this Undertaking, effective immediately.
(5) Resignation of Prescribing Privileges
(a) I, Dr. Barrett, acknowledge that I have executed the Prescribing Resignation Letter to Health Canada, which is attached hereto as Schedule "A" (the "Resignation Letter").
(b) I, Dr. Barrett, consent to the College sending the Resignation Letter to Health Canada on my behalf.
(c) I, Dr. Barrett, undertake that I will not issue new prescriptions or renew existing prescriptions for or administer any of the following substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c.19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C.,1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug Regulations under the Food and Drugs Act, S.C., 1985, c. F-27);
(iv) 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 Schedule "B"; and links to the current regulatory lists are attached hereto as Schedule "C")
(v) 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 Schedule "D"); and as amended from time to time.
(d) I, Dr. Barrett, undertake to immediately refer all patients to whom I am prescribing any of the substances described in section (c), above, to other physicians for assessment and care.
(e) I, Dr. Barrett, undertake to keep a log of all patients referred to other physicians pursuant to section (d), above (the "Log"). I, Dr. Barrett, undertake to include in the Log the name of each patient referred, the name of the physician referred to, and the date of referral.
(6) I, Dr. Barrett, undertake that I will return any supplies of the substances referred to in section (5)(c) above that are presently in my possession, in any place, to a pharmacy in a safe and secure manner, as stipulated in the College's Policy Number 8-12, "Prescribing Drugs."
(7) I, Dr. Barrett, undertake to inform the College of each and every location that I practise or have privileges, including, but not limited to, any hospitals, clinics, offices, and any Independent Health Facilities with which I am affiliated, in any jurisdiction (collectively my "Practice Location" or "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.
(8) Posting a Sign
(a) I, Dr. Barrett, undertake that I shall post a sign in all waiting rooms and in each examination and consulting room, in all my Practice Locations, in a clearly visible and secure location, in the form set out at Schedule "E." For further clarity, this sign shall state as follows:
IMPORTANT NOTICE
Dr. Barrett must not prescribe or administer any of the following:
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
(b) I, Dr. Barrett, undertake to post a certified translation in any language in which I provide services, of the sign described in section (8)(a) above, in all waiting rooms and in each examination and consulting room, in all my Practice Locations, in a clearly visible and secure location, in the form set out at Schedule "E."
(c) I, Dr. Barrett, undertake to provide the certified translation described in section (8)(b), to the College within thirty (30) days of executing this Undertaking.
(d) I, Dr. Barrett, 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.
(e) I, Dr. Barrett, undertake to provide to the College the certified translation described in section (8)(c) prior to beginning to provide services in any language described in section (8)(d).
C. ACKNOWLEDGEMENT
(9) I, Dr. Barrett, acknowledge that all schedules attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Barrett, 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.
(11) I, Dr. Barrett, 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.
(12) I, Dr. Barrett, 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").
(13) I, Dr. Barrett, 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 Committee.
(14) I, Dr. Barrett, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(15) Public Register
(a) I, Dr. Barrett, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Barrett, acknowledge that, in addition to this Undertaking being posted in accordance with section (15)(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. Barrett's prescribing of
narcotics and controlled substances. As a result of the investigation:
Dr. Barrett must not issue new prescriptions or renew existing
prescriptions for or administer any of the following substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations made under
the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations made
under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug Regulations
under the Food and Drugs Act, S.C., 1985, c. F-27);
(iv) 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);
(v) 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. Barrett must post a clearly visible sign in the waiting rooms and
each examination and consulting room, in all Practice Locations, which
states as follows:
IMPORTANT NOTICE
Dr. Barrett must not prescribe or administer any of the following:
- 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
D. CONSENT
(16) I, Dr. Barrett, 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.
(17) I, Dr. Barrett, 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.
(18) I, Dr. Barrett, acknowledge that I have executed the OHIP and NMS consent forms, attached hereto as Schedule "F" and Schedule "G", respectively.
(19) I, Dr. Barrett, 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 any information arising from the monitoring of my compliance with this Undertaking.
Terms and conditions imposed on certificate by: Member