Barnard, Thomas Joseph (CPSO#: 31831)

Current Status: Active Member as of 17 Jul 2017

CPSO Registration Class: Restricted as of 09 Nov 2014

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:The University of Rochester, 1977

Practice Information

Primary Location of Practice
2430 Dougall Avenue
Windsor ON  N8X 1T2
Phone: 5199805544
Fax: 5199671276
Electoral District: 01
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Dr. Tom Barnard Medicine Professional Corporation

Certificate of Authorization Status: Inactive: Feb 23 2018

Medical Licences in Other Jurisdictions

Effective September 1, 2015, the College by-laws require the College to indicate on the register if the member has a licence or is registered to practise medicine in a jurisdiction outside Ontario, if this is known to the College.

USA - Michigan

Specialties

Specialty Issued On Type
Family Medicine Effective: 01 Jul 1982 CFPC Specialist
Family Medicine (Emergency Medicine) Effective: 01 Nov 1984 CFPC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 17 Jul 1980
Suspension of registration imposed: Discipline Committee Effective: 01 Jan 2007
Suspension of registration removed Effective: 01 Feb 2007
Transfer of class of certificate to: Restricted certificate Effective: 09 Nov 2014
Terms and conditions amended by Discipline Committee Effective: 13 Feb 2017
Suspension of registration imposed: Discipline Committee Effective: 17 Mar 2017
Suspension of registration removed Effective: 17 Jul 2017

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Discipline Committee Effective: 13 Feb 2017 Active View Details [+]
            As from 4:00 p.m., February 13, 2017, 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. Thomas Joseph Barnard:

            (a)   Dr. Barnard shall not prescribe or recommend human chorionic gonadotropin
                  ("HCG") for the purpose of weight loss to any individual; 

            (b)   Dr. Barnard shall have clinical interactions with no more than a total of
                  forty-eight (48) patients per day, at a rate of no more than six (6)
                  patients per hour within each hour;

            (c)   Dr. Barnard shall execute the Prescribing Resignation Letter to Health
                  Canada, which is attached hereto as Schedule "A" (the "Resignation
                  Letter"), and shall consent to the College sending the Resignation Letter
                  to Health Canada on his behalf;

            (d)   Dr. Barnard shall not issue new prescriptions or renew existing
                  prescriptions for 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
                  the current regulatory lists are attached hereto as Schedule "C")
                  
                  (v)   All other Monitored Drugs (as defined under the Narcotics Safety
                        and Awareness Act, 2010, S.O. 2010, c. 22 as noted in Schedule
                        "D");
                  
                  and as amended from time to time.
                  
            (e)   Dr. Barnard shall, by July 17, 2017, retain a clinical supervisor or
                  supervisors (the "Clinical Supervisor") acceptable to the College, who
                  will sign an undertaking in the form attached hereto as Schedule "E."
                  For a period of four (4) months thereafter, Dr. Barnard may practise only
                  under the supervision of the Clinical Supervisor.  Clinical supervision
                  of Dr. Barnard's practice shall contain the following elements:


                  (i)   Dr. Barnard shall facilitate review by the Clinical Supervisor of
                        twenty (20) patient charts per month or, should Dr. Barnard treat
                        fewer than twenty (20) patients in any month, the charts of all
                        patients with whom he had clinical interactions in that month, and
                        shall permit the Clinical Supervisor to directly observe him in
                        practice for one half-day per month, with the Clinical Supervisor
                        providing a report every two (2) months to the College. 
                  
                  (ii)  Dr. Barnard shall meet with the Clinical Supervisor at least once
                        per month or more frequently if requested by the Clinical
                        Supervisor, to: discuss the results of the Clinical Supervisor's
                        review of patient charts and direct observation of Dr. Barnard's
                        practice; discuss Dr. Barnard's care, treatment plans, and
                        follow-up; identify any issues or concerns regarding Dr. Barnard 's
                        care, treatment plans, or follow-up, discuss and receive
                        recommendations for improvement and professional development. 
                  
                  (iii) Dr. Barnard shall fully cooperate with, and shall abide by any
                        recommendations of, his Clinical Supervisor, including but not
                        limited to any recommended practice improvements and ongoing
                        professional development. 
                  
                  (iv)  If a Clinical Supervisor who has given an undertaking in the form
                        attached at Schedule "E" to this Order is unwilling or unable to
                        continue to fulfill its terms, Dr. Barnard 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. Barnard is unable to obtain a Clinical Supervisor in
                        accordance with paragraph 5(v) or paragraph 5(v)(d) 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. 
                  
            (f)   Approximately six (6) months after the completion of Clinical
                  Supervision, Dr. Barnard shall undergo a reassessment of his practice by
                  a College-appointed assessor (the "Assessor").  The assessment may
                  include a review of Dr. Barnard's patient charts, direct observation,
                  interviews with staff and/or patients, one or more interviews with Dr.
                  Barnard, and/or a formalized evaluation.  The results of the assessment
                  shall be reported to the College after which Dr. Barnard shall abide by
                  any recommendations made by the Assessor by which the College has
                  requested Dr. Barnard to abide. 

            (g)   Dr. Barnard shall consent to such sharing of information among the
                  Assessor, the Clinical Supervisor, and the College as any of them deem
                  necessary or desirable in order to fulfill their respective obligations
                  and in order to monitor Dr. Barnard's compliance with this Order and with
                  any terms, conditions or limitations on his certificate of registration.

            (h)   Dr. Barnard shall consent to the College providing any Chief(s) of Staff
                  or a colleague with similar responsibilities, such as a medical director,
                  at any location where he practises ("Chief(s) of Staff") with any
                  information the College has that led to this Order and/or any information
                  arising from the monitoring of his compliance with this Order. 

            (i)   Dr. Barnard shall inform the College of each and every location where he
                  practices, in any jurisdiction (his "Practice Location(s)") within five
                  (5) days of this Order and shall inform the College of any and all new
                  Practice Locations within five (5) days of commencing practice at that
                  location.

            (j)   Dr. Barnard shall maintain an up-to-date daily log of every patient with
                  whom he has a clinical interaction, which shall include the patient's
                  name, the date, and the hour within which the clinical interaction
                  occurred ("Patient Log"). Dr. Barnard shall maintain the original Patient
                  Log and shall send a copy to the College at the end of every calendar
                  month. 

            (k)   Dr. Barnard shall cooperate with unannounced inspections of his Practice
                  Location(s) and patient charts by a College representative(s) for the
                  purpose of monitoring and enforcing his compliance with the terms of this
                  Order.

            (l)   Dr. Barnard shall post a sign in the waiting room(s) of all his Practice
                  Locations, in a clearly visible and secure location, in the form set out
                  at Schedule "F," and a certified translation of the same in any language
                  in which he provides services, with Dr. Barnard providing such certified
                  translation to the College within thirty (30) days of this Order or,
                  should he later begin providing services in another language, prior to
                  doing so. For further clarity, this sign shall state as follows: 

                                           IMPORTANT NOTICE

                                    Dr. Barnard must not prescribe:
                  
                                    - Narcotic Drugs
                  
                                    - Narcotic Preparations
                  
                                    - Controlled Drugs
                  
                                    - Benzodiazepines or Other Targeted Substances 
                  
                                    - All Other Monitored Drugs. 
                  
                                    Further information may be found on the College of
                                    Physicians and Surgeons of Ontario website at
                                    www.cpso.on.ca
                  
                  
                  
            (m)   Dr. Barnard shall consent to the College making enquiries of the Ontario
                  Health Insurance Plan ("OHIP"), 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 ("NMS"), and/or any
                  person who or institution that may have relevant information, in order
                  for the College to monitor and enforce his compliance with the terms of
                  this Order and any terms, conditions or limitations on Dr. Barnard's
                  certificate of registration. 
                  
            (n)   Dr. Barnard shall be responsible for any and all costs associated with
                  implementing the terms of this Order.




            As from January 20, 2017, the following terms, conditions and limitations are
            imposed on the certificate of registration held by Dr. Thomas Joseph Barnard,
            in accordance with an undertaking and consent Dr. Barnard has given to the
            College of Physicians and Surgeons of Ontario:

                               UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
                                            ("Undertaking")

                                                  of

                                       DR. THOMAS JOSEPH BARNARD
                                            ("Dr. Barnard")

                                                  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 Committee" means the Discipline Committee of the College;
                  
                  "NMS" means the Drug Program Services Branch, the Narcotics Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
            (2)   I, Dr. Barnard, certificate of registration number 31831, am a member of
                  the College.  

            (3)   I, Dr. Barnard, acknowledge that the College referred allegations against
                  me of professional misconduct and incompetence by Notice of Hearing dated
                  January 22, 2016 and June 29, 2016.

            (4)   I, Dr. Barnard, acknowledge that since July 22, 2016, I have practiced
                  under the terms of an interim order made by the Inquiries, Complaints and
                  Reports Committee of the College pursuant to section 37 of the Health
                  Professions Procedural Code, which is Schedule 2 to the Regulated Health
                  Professions Act, 1991, S.O. 1991, c. 18.  The interim order, dated July
                  21, 2016 (the "Interim Order"), is attached to this Undertaking as
                  Appendix "A" and superseded an early interim order which had been
                  effective February 16, 2016.


            B.    UNDERTAKING

            (5)   Practice Restrictions

                  (a)   I, Dr. Barnard, undertake that, effective March 17, 2017, I will
                        not submit any claims for payment to OHIP, nor will I provide to
                        any patient any insured service as defined by the Health Insurance
                        Act, R.S.O. 1990, c.H.6 and the Schedule of Benefits: Physicians
                        Services under the Health Insurance Act, as amended from time to
                        time. 
                  
                  (b)   I, Dr. Barnard, undertake that, effective March 17, 2017, I will
                        not engage in the practice of family medicine and will restrict my
                        practice to the provision of aesthetic and cosmetic services and
                        nutritional counselling.  For greater clarity, my practice after
                        that date will only include:
                  
                        (i)   injections of Botox for reduction of wrinkles and superficial
                              deformities;
                  
                        (ii)  injection of dermal fillers to replace lost volume and to
                              correct deformities and scarring
                  
                        (iii) chemical peels;
                  
                        (iv)  liquid nitrogen skin rejuvenation with cryotherapy;
                  
                        (v)   laser hair reduction and removal;
                  
                        (vi)  laser scar revision and stretch mark and deformity revision; 
                  
                        (vii) non-ablative and ablative laser skin resurfacing and skin
                              tightening;
                  
                        (viii)intense pulsed light technology for the purpose of reducing
                              hyperpigmentation, pigmented lesions and skin tightening; 
                  
                        (ix)  non-invasive spot fat reduction using cryotherapy technology;
                  
                        (x)   nutritional counselling, nutritional analysis, and
                              recommendations regarding lifestyle, exercise, and
                              supplementation; and
                  
                        (xi)  instruction in stress management, including stress management
                              tools, biofeedback techniques, breathing techniques,
                              meditation techniques, and self-hypnosis therapy.
                  
                  (c)   I, Dr. Barnard, undertake that, even if during the intervening
                        period the discipline matter against me concludes, unless ordered
                        otherwise by the Discipline Committee, I shall continue to be bound
                        by paragraphs 1-17 of the Interim Order until March 17, 2017, so
                        that I will continue to be subject to clinical supervision of my
                        practice and restrictions on the number of patients that I see
                        during this time as set out in the Interim Order. 
                  
            (6)   Posting a Sign 

                  (a)   I, Dr. Barnard, undertake that I shall post a sign in the waiting
                        room(s) of all my Practice Locations, in a clearly visible and
                        secure location, in the form set out at Appendix "B."  For further
                        clarity, this sign shall state as follows: "Dr. Barnard must not
                        practise family medicine or provide any OHIP-insured service. Dr.
                        Barnard may only provide certain aesthetic and cosmetic services
                        and nutritional counselling. Further information may be found on
                        the College of Physicians and Surgeons of Ontario website at
                        www.cpso.on.ca".
                  
                  (b)   I, Dr. Barnard, undertake to post a certified translation(s) in any
                        language(s) in which I provide services, of the sign described in
                        section (6)(a) in the waiting room(s) of all my Practice Locations,
                        in a clearly visible and secure location, in the form set out at
                        Appendix "B." 
                  
                  (c)   I, Dr. Barnard, undertake to provide the certified translation(s)
                        described in section (6)(b), to the College within thirty (30) days
                        of executing this Undertaking.
                  
                  (d)   I, Dr. Barnard, undertake that if I elect, after the execution of
                        this Undertaking, to provide services in any other language(s), I
                        will notify the College prior to providing any such services. 
                  
                  (e)   I, Dr. Barnard, undertake to provide to the College the certified
                        translation(s) described in section (6)(b) prior to beginning to
                        provide services in the language(s) described in section (6)(d).
                  
            (7)   Monitoring 

                  (a)   I, Dr. Barnard, undertake to inform the College of each and every
                        location where I practise or have privileges, including, but not
                        limited to, hospital(s), clinic(s) and office(s), in any
                        jurisdiction (collectively my "Practice Location(s)"), 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. Barnard, undertake and agree that I will submit to, and not
                        interfere with, unannounced inspections of my Practice Locations
                        and patient charts by a College representative for the purposes of
                        monitoring my compliance with the provisions of this Undertaking.
                  
                  
                  (c)   I, Dr. Barnard, 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. Barnard, acknowledge that I have executed the OHIP consent
                        form, attached hereto as Appendix "C."
                  
                  (e)   I, Dr. Barnard, will provide written documentation acceptable to
                        the College within five (5) days of executing this Undertaking
                        showing that I have relinquished my OHIP billing number effective
                        March 17, 2017.
                  
            C.    ACKNOWLEDGEMENT

            (8)   I, Dr. Barnard, acknowledge that all appendices attached to or referred
                  to in this Undertaking form part of this Undertaking, except as modified
                  by paragraph B(5)(c) above.

            (9)   I, Dr. Barnard, 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. 

            (10)  I, Dr. Barnard, 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.

            (11)  I, Dr. Barnard, acknowledge that the College will provide this
                  Undertaking to any Chief of Staff, or a colleague with similar
                  responsibilities, such as a medical director, at any Practice Location
                  ("Chief(s) of Staff").

            (12)  I, Dr. Barnard, 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.

            (13)  I, Dr. Barnard, acknowledge that this Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code. 

            (14)  Public Register

                  (a)   I, Dr. Barnard, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be posted on
                        the Public Register.
                  
                  (b)   I, Dr. Barnard, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (14)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                        As a result of an undertaking entered into with the College,
                        effective March 17, 2017, Dr. Barnard must not practise family
                        medicine, must not bill the Ontario Health Insurance Plan, and must
                        not provide any OHIP-insured service.  Dr. Barnard may only provide
                        certain aesthetic and cosmetic services and may provide nutritional
                        counselling.
                  
                        Dr. Barnard shall post a clearly visible sign in the waiting rooms
                        of all his Practice Locations, which states as follows: "Dr.
                        Barnard must not practise family medicine or provide any
                        OHIP-insured service. Dr. Barnard may only provide certain
                        aesthetic and cosmetic services and nutritional counselling.
                        Further information may be found on the College of Physicians and
                        Surgeons of Ontario website at www.cpso.on.ca.
                  
            D.    CONSENT

            (15)  I, Dr. Barnard, give my irrevocable consent to the College to provide all
                  Chief(s) 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.

            APPENDIX A --- Interim Order of the Inquiries, Complaints and Reports Committee

                            INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE OF
                           THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO

                              In the matter of Dr. Thomas Joseph Barnard

                                                 ORDER

                  THE INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE OF THE COLLEGE OF
            PHYSICIANS AND SURGEONS OF ONTARIO (the "College") has referred specified
            allegations of professional misconduct and incompetence regarding Dr. Thomas
            Joseph Barnard ("Dr. Barnard") to the Discipline Committee of the College.

                  THE INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE OF THE COLLEGE has given
            notice to Dr. Barnard of its intent to make an interim order under section 37
            of the Health Professions Procedural Code, which is Schedule 2 to the Regulated
            Health Professions Act, 1991.

                  THE INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE OF THE COLLEGE has
            considered, among other things, the materials brought before the Inquiries,
            Complaints and Reports Committee at its teleconference on July 21, 2016. These
            materials are listed in Schedule "A" attached to this Order.  Based on the
            information the Inquiries, Complaints and Reports Committee has considered, it
            is of the opinion that the conduct of Dr. Barnard exposes or is likely to
            expose his patients to harm or injury.

                  THE INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE OF THE COLLEGE has
            considered the least restrictive order it could make to ensure public
            protection.

                  THE INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE OF THE COLLEGE directs
            the Registrar to impose the following terms, conditions and limitations on the
            certificate of registration of Dr. Barnard under section 37 of the Health
            Professions Procedural Code:

            Number of Patients To Whom Care is Provided

            1.    Dr. Barnard is to have clinical interactions with no more than a total of
                  48 patients per day, at a rate of no more than 6 patients per hour within
                  each day.

            Clinical Supervision - Family Medicine Practice

            2.    Dr. Barnard shall, by March 8, 2016, at his own expense, engage a
                  clinical supervisor acceptable to the College, who will supervise Dr.
                  Barnard's family medicine practice and who will sign an undertaking in
                  the form attached as Schedule "B" (the "Family Medicine Practice
                  Supervisor");





            3.    Dr. Barnard shall meet with the Family Medicine Practice Supervisor once
                  a week for at least one month, which shall include one half day of direct
                  observation by the Family Medicine Practice Supervisor of Dr. Barnard's
                  patient encounters and one half day of chart reviews.  The Family
                  Medicine Practice Supervisor shall select and review twenty (20) patient
                  charts, discuss with Dr. Barnard his patient care, treatment plans and
                  follow-up, identify any issues or concerns regarding the care, treatment
                  plans and follow-up and make recommendations for improvement;

            4.    The Family Medicine Practice Supervisor shall provide monthly reports to
                  the College;

            5.    If, after one month, the Family Practice Supervisor identifies no
                  material deficiencies in Dr. Barnard's standard of practice and
                  recommends to the College that the frequency of supervision be reduced to
                  monthly, and only upon approval of the College, the Family Medicine
                  Practice Supervisor's observation, chart review and meetings with Dr.
                  Barnard may be reduced to once per month;

            6.    If, after two months, the Family Practice Supervisor identifies no
                  material deficiencies in Dr. Barnard's standard of practice, the
                  frequency of reporting shall be reduced to bi-monthly reports to the
                  College;

            Clinical Supervision - Spa Practice

            7.    Dr. Barnard shall, by March 8, 2016, at his own expense, engage a
                  clinical supervisor acceptable to the College, who will supervise Dr.
                  Barnard's practice at the Fresh Medical Spa and who will sign an
                  undertaking in the form attached as Schedule "C" (the "Spa Practice
                  Supervisor");

            8.    Dr. Barnard shall meet with the Spa Practice Supervisor once a week for
                  at least one month, which shall include one half day of direct
                  observation by the Spa Practice Supervisor of Dr. Barnard's patient
                  encounters and one half day of chart reviews.  The Spa Practice
                  Supervisor shall select and review twenty (20) patient charts, discuss
                  with Dr. Barnard his patient care, treatment plans and follow-up,
                  identify any issues or concerns regarding the care, treatment plans and
                  follow-up and make recommendations for improvement;

            9.    The Spa Practice Supervisor shall provide monthly reports to the College;

            10.   If, after one month, the Spa Practice Supervisor identifies no material
                  deficiencies in Dr. Barnard's standard of practice and recommends to the
                  College that the frequency of supervision be reduced to monthly, and only
                  upon approval of the College, the Spa Practice Supervisor's observation,
                  chart review and meetings with Dr. Barnard may be reduced to once per
                  month;

            11.   If, after two months, the Spa Supervisor identifies no material
                  deficiencies in Dr. Barnard's standard of practice, the frequency of
                  reporting shall be reduced to bi-monthly reports to the College;
            Collective Clinical Supervision

            12.   Dr. Barnard shall fully cooperate with, and abide by any recommendations
                  of his Clinical Supervisors, including but not limited to, any
                  recommended practice improvements and ongoing professional development;

            13.   Dr. Barnard shall maintain an up-to-date daily log (the "Patient Log")
                  listing every patient seen by him in his Family Medicine practice and in
                  his Fresh Medical Spa practice each day, including the patient's name,
                  date of birth, OHIP number, date of appointment or visit, and reason for
                  visit.  Dr. Barnard shall maintain the original Patient Log and shall
                  send a copy to the College at the end of every calendar month; 

            14.   Dr. Barnard shall provide his Clinical Supervisors with full access to
                  his OHIP billings, his appointment scheduling book/program, and all
                  Patient Logs required to be maintained by Dr. Barnard;

            15.   Dr. Barnard shall consent to the disclosure by his Clinical Supervisors
                  to the College, and by the College to his Clinical Supervisors, of all
                  information the Clinical Supervisors or the College deems necessary or
                  desirable in order to fulfill the Clinical Supervisors' undertakings and
                  to monitor Dr. Barnard's compliance with this Order.  This shall include,
                  without limitation, providing the Clinical Supervisors with any reports
                  of any assessments of Dr. Barnard's practice in the College's possession; 

            16.   If a Clinical Supervisor(s) who has given an undertaking in Schedule "A"
                  and/or Schedule "B" to this Order is unable or unwilling to continue to
                  fulfill its terms, Dr. Barnard 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;

            17.   If Dr. Barnard is unable to obtain a Clinical Supervisor in accordance
                  with paragraphs 2, 7 or 16 of this Order, he shall cease practising
                  medicine immediately until such time as he has done so, and the fact that
                  he has will constitute a term, condition or limitation on his certificate
                  of registration until that time; 

            Narcotics Prescribing

            18.   Dr.  Barnard shall not issue new prescriptions or renew existing
                  prescriptions for any of the following:

                  (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 Schedule G of the Regulations under the Food
                        and Drugs Act, S.C., 1985, c. F-27);
                  
                  (iv)  Benzodiazepines/Other Targeted Substances (from the Benzodiazepines
                        and Other Targeted Substances Regulations made under the Controlled
                        Drugs and Substances Act., S.C., 1996, c. 19); or
                  
                  (A summary of the above-named drugs [from Appendix I to the Compendium of
                  Pharmaceuticals and Specialties] is attached hereto as Schedule "D"; and
                  the current regulatory lists are attached hereto as Schedule "E")
                  
                  (v)   All Other Monitored Drugs (as defined under the Narcotic Safety and
                        Awareness Act, S.O. 2010, c. 22 as noted in Schedule "F")
                  
                        and as amended from time to time.

            19.   Dr.  Barnard shall post a clearly visible sign in the waiting room of
                  every location at which he practises in the form set out as Schedule "G".
                  For further clarity, the sign shall state that "Dr. Barnard shall not
                  prescribe Narcotic Drugs, Narcotic Preparations, Benzodiazepines, Other
                  Targeted Substances, Controlled Drugs and All Other Monitored Drugs";

            Monitoring


            20.   Dr. Barnard shall, on an ongoing basis, provide the College with
                  addresses of all of the locations where he is practising; 

            21.   Dr. Barnard shall submit to and not interfere with unannounced
                  inspections of his practice(s) and patient charts by a College
                  representative(s) for the purposes of monitoring and enforcing his
                  compliance with the terms of this Order; and

            22.   Dr.  Barnard shall give his irrevocable consent to the College to make
                  appropriate enquiries of the Ontario Health Insurance Plan ("OHIP"), the
                  Drug Program Services Branch, the Narcotics Monitoring System ("NMS")
                  implemented under the Narcotics Safety and Awareness Act, 2010 and/or any
                  person or institution that may have relevant information, in order for
                  the College to monitor his compliance with the terms of this Order.  

Previous Hearings

Committee: Discipline
Decision Date: 13 Feb 2017
Summary:

On February 13, 2017, the Discipline Committee found that Dr. Thomas Joseph Barnard 
committed an act of professional misconduct in that he failed to maintain the standard of practice 
of the profession; and, 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. Barnard is a family physician practising in Windsor. He operates a family medicine practice 
called the Barnard Wellness Centre, at which he is the sole primary care physician, and also 
operates the Fresh Medical Spa, which is located at the same address as his family medicine 
practice. 
 
Failed to Maintain the Standard of Practice 
       
Section 75(1)(a) Investigation into care of a single patient 
       
On October 18, 2012, the College received a letter from the Chief Coroner for Ontario, enclosing 
reports from a Coroner’s investigation of the death of a person who was a regular patient of Dr. 
Barnard’s between May 2000 and April 2012. The Coroner’s report indicated that the cause of 
death was a multi-drug toxicity, which included controlled substances that had been prescribed to 
the patient by Dr. Barnard. 

Dr. Barnard failed to maintain the standard of practice of the profession in his care and treatment 
of the patient. 
 
The College retained a family physician who found that Dr. Barnard demonstrated a lack of skill 
and did not meet the standard of practice for the following reasons: 
 
-  His information gathering was perfunctory; 
-  His histories were not sufficiently detailed; 
-  The physical examinations were cursory at best and appeared to be generated from a 
   template. Often they were not relevant to the presenting complaint; 
-  There was no information about family history in his notes. It was gathered from the 
   consultant reports; 
-  The patient's surgical history was not recorded except in the consultant's notes; 
-  He did not routinely ask about allergies; 
-  His assessments were not based on the history and physical findings; he often reiterated the 
   patient's complaint rather than making a true diagnosis; 
-  The rationale for his treatment plans was difficult to understand; 
-  The Cumulative Patient Profile (“CPP”) at the front of the chart was difficult to read; 
-  The results of the patient's tests were not organized for easy retrieval; and 
- He did not keep an up to date list of the medications that were prescribed and every consultant 
   who looked after the patient had an incomplete or inaccurate list of her actual medications. 


                                        
 
 
The family physician also opined that Dr. Barnard: lacked knowledge about the risks of 
polypharmacy and the risks of treating chronic pain with opioid analgesics; demonstrated a lack 
of judgment by continuing to prescribe drug combinations with known risks of harm, by 
continuing to prescribe narcotics when it was obvious that the patient was unable to control her 
use and the medication was doing more ‘to her’ than ‘for her’, and by continuing to provide the 
patient with large numbers of narcotics when he knew the patient was unable to prevent theft by 
her husband.   
 
On November 9, 2014, Dr. Barnard signed an undertaking to the College restricting him from 
prescribing  any Narcotics, Controlled Drugs,  Benzodiazepines/Other Targeted Substances and 
all  other  Monitored  Drugs  and  Narcotics  Preparations,  with  the  exception  of  Tylenol  with 
codeine #3 in limited amounts. 
 
Section 75(1)(a) Investigation into prescribing practices 
 
The College conducted a broader investigation into Dr. Barnard’s prescribing practices with 
respect to 25 patients. A family physician retained by the College concluded that Dr. Barnard’s 
care of 11 patients did not meet the standard of practice and that he demonstrated various degrees 
of a lack of knowledge, skill or judgment. He opined that in 7 charts the care provided posed a 
potential risk of exposing patients to harm or injury and, of these 7, the risk of harm was 
particularly high with respect to 4 patients. 
 
The four cases in which it was concluded that the risk of exposing the patient to harm or injury 
was particularly high were those in which: 
 
   ?  A patient was receiving frequent morphine injections as well as other narcotics while she 
      was pregnant; 
   ?  A patient who had severe migraine headaches was receiving frequent morphine injections 
      as well as nasal butorphanol, the amounts of which were well in excess of recommended 
      guidelines for non-cancer pain;  
   ?  A patient was receiving very frequent morphine injections for chronic pelvic pain, much 
      in excess of recommended guidelines; and 
   ?  A patient’s chart contained indications from anonymous phone calls that he was selling 
      his medication and a letter from the Children’s Aid Society expressing concern of large 
      amounts of narcotic medication in a household with small children. 
 
Dr. Barnard failed to maintain the standard of practice of the profession in his care of 11 patients. 

Section 75(1)(a) Investigation regarding broader patient care 


                                      2 
 
On September 18, 2012, the College received information regarding Dr. Barnard from the 
Ministry of Health and Long-Term Care (MOHLTC) as a result of a review of his medical 
records for services completed in 2009. MOHLTC medical advisors identified clinical concerns 
with respect to Dr. Barnard’s patient care. 
 
The College retained a family physician to provide an opinion regarding the standard of care 
provided by Dr. Barnard to 37 patients. The family physician concluded that the standard of care 
was not met in any of the cases reviewed and that Dr. Barnard displayed a lack of knowledge and 
judgment in each case. She also opined that Dr. Barnard’s clinical practice and conduct exposed 
all but one of the patients whose care was reviewed to a risk of harm. The conclusions were 
based, in part, on the following concerns: 
 
   -  Dr. Barnard’s administration of human chorionic gonadotropin (“HCG,” 
      known colloquially as “human growth hormone”) for weight loss in the 
      management of obesity despite it being discredited and rejected by the medical 
      community;  
   -  Numerous, significant examples of disjointed and episodic care with poor 
      recordkeeping and judgment that impairs the provision of an adequate 
      diagnosis and case management; 
   -  Certain use of “off label” prescribing and potentially harmful prescribing 
      (including prescribing HCG as described above; potentially harmful 
      prescribing of narcotics for non-cancer pain; prescribing benzodiazepines with 
      narcotics; Methotrexate and Plaquenil without indication; prescribing hormone 
      replacement therapy without appropriate documentation and assessment; 
      prescribing high doses of vitamin D; prescribing iron and high doses of 
      vitamin B without indication);  
   -  Failure to meet the standard in his documentation of consent for “off label” or 
      potentially harmful prescribing, and other failures of documentation;  
   -  Lack of documentation of appropriate follow-up on test results;  
   -  Failing to document history, physical examination, diagnosis, and informed 
      consent when prescribing complementary and alternative medicines, and 
      prescribing some such medicines which he knew had no medical evidence for 
      use, such as HCG; and 
   -  The use of excessive laboratory testing in the absence of clear documentation 
      of medical need.  
 
In December 2015, the College requested updated patient records from Dr. Barnard for 10 
patients whose care had been reviewed. It was found that Dr. Barnard’s care did not meet the 
standard of practice in any of the charts reviewed and that his care continued to display a lack of 
knowledge, skill and judgment. 
 


                                      3 
 
Dr. Barnard failed to maintain the standard of practice of the profession in his care of 37 patients 
as described above.  
 
Investigation Regarding Patient A 
 
Patient A became Dr. Barnard’s patient in the Barnard Wellness Centre in May 2012. Patient A 
had a history of testosterone levels having been documented as low by other physicians as 
recently as 2011, but it was very high based on the initial bloodwork ordered by Dr. Barnard in 
May 2012.  
 
Dr. Barnard treated Patient A, including continually prescribing testosterone injections from July 
2012 until April 2013, when Dr. Barnard severed the doctor-patient relationship.  
 
The College retained a family physician with a focus in men’s health, including testosterone 
deficiency, to review Dr. Barnard’s care in regard to Patient A, who found that Dr. Barnard did 
not meet the standard of practice of the profession in that he: 
 
-  Displayed poor documentation and recordkeeping of his thought process and/or discussions 
   with Patient A; 
-  Failed to adequately counsel Patient A in the hazards of continued steroid use; 
-  failed  to try  to  have Patient  A  adhere  to  a  more  traditional  protocol  for  testosterone 
   replacement, with lower initial dosing and further titration based on serum testosterone levels 
   and/or symptom management, and escalated the dosage of testosterone without monitoring 
   hematocrit; and 
-  Demonstrated poor judgment in embarking on an unorthodox treatment plan of high dosing 
   with little monitoring that, while for the most part it worked along with the desires and with 
   the consent of the patient, was not in the best long term interests of the patient. 
 
Dr. Barnard failed to maintain the standard of practice of the profession in his care of Patient A. 
 
Investigation Regarding Patients B and C 
 
Patient B became Dr. Barnard’s patient in March 2012 and Patient C became Dr. Barnard’s 
patient in February. Dr. Barnard terminated both patients from his practice. 
    
Dr. Barnard treated Patient B for chronic pain. He prescribed Lyrica, Cymbalta, Botox injections, 
vitamin injections and testosterone injections beginning in May 2012. Dr. Barnard did not record 
Patient B’s serum testosterone levels before prescribing testosterone injections. 
 
 
The College retained a family physician to review the care provided by Dr. Barnard to Patients B 
and C, who opined that the care provided to both patients fell below the standard of the 


                                      4 
 
profession based on a lack of skill, knowledge and judgement and that Dr. Barnard’s care 
exposed them to harm. Specifically, Dr. Barnard: 
    
-  Demonstrated a lack of skill in the quality and quantity of his information gathering, in his 
   record keeping and in his performance of proper physical assessments; 
-  Demonstrated  a  lack  of  knowledge  when  he  increased  Patient  C’s  dose  of  thyroxine  and 
   added Cytomel without evidence of thyroid deficiency; 
-  Demonstrated  a  lack  of  knowledge  when  he prescribed  Flagyl to  Patient  C  without 
   indication; 
-  Demonstrated a lack of knowledge in failing to identify the significance of Patient C’s rising 
   erythrocyte sedimentation rate (“ESR”) (which with other symptoms was suggestive of an 
   autoimmune disorder); and 
-  Demonstrated  poor  judgment  in  failing to  comply  with College guidelines  for  record 
   keeping, prescribing drugs and the use of alternative therapies.  
       
The College retained a second family physician with some knowledge of and interest in 
complementary and alternative medicine, to provide an opinion regarding Dr. Barnard’s care of 
Patients B and C, having regard to the College’s Complementary/Alternative Medicine Policy. 
With regard to Patient B, the family physician opined that Dr. Barnard’s use of testosterone and 
vitamin injections was unconventional and not supported by any scientific evidence of which he 
was aware. Dr. Barnard had failed to clearly indicate the diagnosis although he treated chronic 
pain syndrome with an associated neuropathy. Dr. Barnard did not document valid informed 
consent for his unconventional therapeutic interventions.  
 
With respect to Patient C: 
 
-  Dr.  Barnard’s  care of  Patient  C’s inflammatory  disorders  falls  within  the  realm  of 
   complementary medicine; 
-  Dr. Barnard failed to provide an appropriate clinical assessment with regard to Patient C. He 
   recorded no clear working diagnosis or treatment plan; 
-  Dr. Barnard failed to document a conventional diagnosis; 
-  He  did  not  record  any  evidence  of  informed  consent  having  been  obtained  for  the 
   unconventional therapeutic interventions;  
-  He failed to address the patient’s elevated ESR; and 
-  Despite the poor assessment and review of Patient C, his care did not demonstrate a lack of 
   knowledge or skills. However, Dr. Barnard showed poor judgment by failing to document 
   more appropriate patient counselling regarding the unconventional therapies being utilized. 
 
Dr. Barnard failed to maintain the standard of practice of the profession in his care of Patients B 
and C.  
 


                                      5 
 
Investigations Regarding Patients D, E and F 
 
Patients D, E and F, who were a mother and her two children, became Dr. Barnard’s patients in 
the Fall/Winter of 2010/2011, and continued as his patients until November 2013. 
 
The College retained a family physician to review the standard of care provided by Dr. Barnard 
to Patients D, E and F, who concluded that Dr. Barnard did not meet the standard of practice of 
the profession in relation to Patients D, E and F and that he demonstrated a lack of knowledge 
and skill. Examples of Dr. Barnard’s lack of knowledge and skill include: 
 
-  a lack of knowledge of appropriate testing and investigations for specific symptoms. Among 
   other things, Dr. Barnard repeatedly ordered a broad spectrum of tests on Patients D, E and F 
   without indication, including broad annual testing for Patient D, and ordered specific tests 
   that were not inappropriate based on the patient’s age or lack of suitability as a screening 
   tool; 
-  a lack of knowledge in treating asthma in children with respect to Patients E and F, where 
   those  patients  received  oral  medications  without  any  clear  indication  for  their  use  and 
   without corresponding use of inhaled medications;  
-  a  lack  of  knowledge in  the  use  of  antibiotics,  including  prescribing  incorrect  doses  and 
   prescribing in cases where antibiotics are not indicated;  
-  a lack of knowledge in prescribing with respect to dosage of Topamax; 
-  a  lack  of  knowledge  of  the  treatment  of  anxiety  for  Patient  D,  and  giving  inappropriate 
   treatment for the same; and 
-  a  lack  of  skill  in  the  documentation  of  visits,  including  incomplete or  absent charting  of 
   history, physical examinations and assessments that seemed to be in an identical template for 
   nearly every visit, missing vital signs,  and a lack of any differential diagnosis and treatment 
   plan in any of the entries. 
                
Dr. Barnard failed to maintain the standard of practice of the profession in his care of Patients D, 
E. and F. 

Disgraceful, Dishonourable and Unprofessional Conduct 

Patient B became Dr. Barnard’s patient in 2012 and his wife, Patient C, became Dr. Barnard’s 
patient in 2013. During a double appointment in 2013, attended by both Patient B and C, Dr. 
Barnard became upset when asked to complete a Functional Abilities Form for Patient B. He told 
Patient B to “come back when you have your head screwed on right”.  Patient B and C left the 
office. A few days later, they received a letter from Dr. Barnard sent by courier terminating both 
patients from his practice. The letter and termination were unexpected. Prior to the termination, 
Dr. Barnard had requested a consultation with a specialist for Patient C. Shortly after the last 
appointment, and before receiving the termination letter, Patient C received a call from Dr. 
Barnard’s office indicating the date and time for the specialist consultation. On the scheduled 
date in July, Patient B and Patient C attended at the specialist’s office for the consultation.  


                                      6 
 
However, when they arrived they were told that although Patient C had been booked for an 
appointment, it had been cancelled. Dr. Barnard did not advise Patient C at any time that he had 
cancelled her consultation with the specialist. 
 
Dr. Barnard engaged in disgraceful, dishonourable and unprofessional conduct in the manner in 
which  he  terminated  Patients  B  and  C  from  his  practice,  in cancelling  Patient  C’s  specialist 
consultation and in failing to notify her of the cancellation. 

Dr. Barnard entered into an undertaking to the College on January 20, 2017, by which he has 
agreed, among other things, that, effective March 17, 2017, he shall no longer practice family 
medicine  and  shall  no  longer  bill  the  Ontario  Health  Insurance  Plan. Dr.  Barnard  may  only 
provide  certain  aesthetic  and  cosmetic  services  and  may  provide  nutritional  counselling. Dr. 
Barnard shall post a clearly visible sign in the waiting rooms of all his Practice Locations, which 
states as follows: "Dr. Barnard must not practise family medicine or provide any OHIP-insured 
service.”  

Disposition 

On February 13, 2017, the Discipline Committee ordered and directed that: 
 
-  The Registrar suspend Dr. Barnard’s certificate of registration for a period of four (4) months 
   commencing on March 17, 2017 at 12:01 a.m. 
-  The Registrar impose the following terms, conditions and limitations on Dr. Barnard’s 
   certificate of registration: 
       a. Dr.  Barnard  shall  not  prescribe  or  recommend  human  chorionic  gonadotropin 
          (“HCG”) for the purpose of weight loss to any individual;  
       b. Dr. Barnard shall have clinical interactions with no more than a total of forty-eight 
          (48) patients per day, at a rate of no more than six (6) patients per hour within each 
          hour; 
       c. Dr.  Barnard  shall  execute  the  Prescribing  Resignation  Letter  to  Health  Canada, 
          which is attached hereto as Schedule “A” (the “Resignation Letter”) to the Order, 
          and shall consent to the College sending the Resignation Letter to Health Canada on 
          his behalf; 
       d. Dr.  Barnard shall not  issue new prescriptions or renew existing prescriptions for 
          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 


                                      7 
 
   Pharmaceuticals and Specialties] is attached hereto as Schedule “B” to the Order; 
   and the current regulatory lists are attached hereto as Schedule “C” to the Order) 
      v. All  other  Monitored  Drugs (as  defined  under  the Narcotics  Safety and 
         Awareness  Act,  2010,  S.O.  2010,  c.  22  as  noted  in  Schedule  “D”  to  the 
         Order);  
     and as amended from time to time. 
e. Dr. Barnard shall, by July 17, 2017, retain a clinical supervisor or supervisors (the 
   “Clinical Supervisor”) acceptable to the College, who will sign an undertaking in the 
   form attached hereto as Schedule “E” to the Order.  For a period of four (4) months 
   thereafter,  Dr.  Barnard  may  practise  only  under  the  supervision  of  the  Clinical 
   Supervisor.    Clinical  supervision  of  Dr.  Barnard’s  practice  shall  contain  the 
   following elements: 
       i. Dr. Barnard shall facilitate review by the Clinical Supervisor of twenty (20) 
         patient charts per month or, should Dr. Barnard treat fewer than twenty (20) 
         patients in any month, the charts of all patients with whom he had clinical 
         interactions in that month, and shall permit the Clinical Supervisor to directly 
         observe  him  in  practice  for  one  half-day  per  month,  with  the  Clinical 
         Supervisor providing a report every two (2) months to the College.  
      ii. Dr. Barnard shall meet with the Clinical Supervisor at least once per month 
         or more frequently if requested by the Clinical Supervisor, to:  discuss the 
         results  of  the  Clinical  Supervisor’s  review  of  patient  charts  and  direct 
         observation of Dr. Barnard’s practice; discuss Dr. Barnard’s care, treatment 
         plans, and follow-up; identify any issues or concerns regarding Dr. Barnard 
         ’s care, treatment plans, or follow-up, discuss and receive recommendations 
         for improvement and professional development.  
     iii. Dr. Barnard  shall  fully  cooperate  with,  and  shall  abide  by  any 
         recommendations of, his Clinical Supervisor, including but not limited to any 
         recommended  practice  improvements  and  ongoing  professional 
         development.  
      iv. If a Clinical Supervisor who has given an undertaking in the form attached at 
         Schedule “E” to this Order is unwilling or unable to continue to fulfill its 
         terms,  Dr.  Barnard  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. Barnard is unable to obtain a Clinical Supervisor in accordance with 
         paragraph 5(v) or paragraph 5(v)(d) 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.  
f. Approximately  six  (6)  months  after  the  completion  of  Clinical  Supervision,  Dr. 
   Barnard  shall  undergo  a  reassessment  of  his  practice  by  a  College-appointed 
   assessor (the “Assessor”).  The assessment may include a review of Dr. Barnard’s 
   patient charts, direct observation, interviews with staff and/or patients, one or more 
   interviews  with  Dr.  Barnard,  and/or  a  formalized  evaluation.    The  results  of  the 
   assessment shall be reported to the College after which Dr. Barnard shall abide by 


                               8 
              
   any recommendations made by the Assessor by which the College has requested Dr. 
   Barnard to abide.  
g. Dr. Barnard shall consent to such sharing of information among the Assessor, the 
   Clinical Supervisor, and the College as any of them deem necessary or desirable in 
   order  to  fulfill  their  respective  obligations  and  in  order  to  monitor  Dr.  Barnard’s 
   compliance  with  this  Order  and  with  any  terms,  conditions  or  limitations  on  his 
   certificate of registration. 
h. Dr.  Barnard  shall  consent  to  the  College  providing  any  Chief(s)  of  Staff  or  a 
   colleague with similar responsibilities, such as a medical director, at any location 
   where he practises (“Chief(s) of Staff”) with any information the College has that led 
   to this Order and/or any information arising from the monitoring of his compliance 
   with this Order.  
i. Dr. Barnard shall inform the College of each and every location where he practices, 
   in any jurisdiction (his “Practice Location(s)”) within five (5) days of this Order and 
   shall inform the College of any and all new Practice Locations within five (5) days 
   of commencing practice at that location. 
j. Dr. Barnard shall maintain an up-to-date daily log of every patient with whom he 
   has a clinical interaction, which shall include the patient’s name, the date, and the 
   hour  within  which  the  clinical  interaction  occurred  (“Patient  Log”).  Dr.  Barnard 
   shall maintain the original Patient Log and shall send a copy to the College at the 
   end of every calendar month.  
k. Dr.  Barnard  shall  cooperate  with  unannounced  inspections  of  his  Practice 
   Location(s)  and  patient  charts  by  a  College representative(s)  for  the  purpose  of 
   monitoring and enforcing his compliance with the terms of this Order. 
l. Dr. Barnard shall post a sign in the waiting room(s) of all his Practice Locations, in 
   a  clearly visible and  secure  location,  in  the  form  set  out  at Schedule “F”  to  the 
   Order, and a certified translation of the same in any language in which he provides 
   services, with Dr. Barnard providing such certified translation to the College within 
   thirty (30) days of this Order or, should he later begin providing services in another 
   language, prior to doing so. For further clarity, this sign shall state as follows:  
                 IMPORTANT NOTICE 
           Dr. Barnard must not prescribe: 
           - Narcotic Drugs 
           - Narcotic Preparations 
           - Controlled Drugs 
           - Benzodiazepines or Other Targeted Substances  
           - All Other Monitored Drugs.  
           Further  information  may  be  found  on  the  College of  Physicians  and 
           Surgeons of Ontario website at www.cpso.on.ca 
m. Dr.  Barnard  shall  consent  to  the  College  making  enquiries  of  the  Ontario  Health 
   Insurance  Plan  (“OHIP”),  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 (“NMS”), and/or any person who or institution 
   that may have relevant information, in order for the College to monitor and enforce 
   his compliance with the terms of this Order and any terms, conditions or limitations 
   on Dr. Barnard’s certificate of registration.  


                               9 
              
       n. Dr. Barnard shall be responsible for any and all costs associated with implementing 
          the terms of this Order. 
-  Dr. Barnard attend before the panel to be reprimanded. 
-  Dr. Barnard pay to the College costs in the amount of $5,000.00, within thirty (30) days of 
   the date of this Order. 
 
 


                                      10

Hearing Date(s): February 13, 2017


Committee: Discipline
Decision Date: 28 Nov 2006
Summary:

 
 
On November 28, 2006, the Discipline Committee found that Dr. Barnard had committed an act 
of professional misconduct in that he had 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.   In particular, the Discipline 
Committee found that from 2003 to September 2004, Dr. Barnard administered block fees for 
uninsured services in his office practice in a manner which would reasonably be regarded by 
members as unprofessional. 
 
The Discipline Committee ordered and directed: 
 
1.    the Registrar to suspend Dr. Barnard's certificate of registration for two (2) months, 
            commencing January 1st, 2007, one month of which will be suspended if Dr. 
      Barnard complies with the following conditions: 
            (1)   Dr. Barnard will administer block fees for uninsured services in a manner 
                  that is  consistent with the College's policy on block fees and uninsured 
                  services.  In particular, Dr. Barnard will; 
            (i)   provide patients with the alternative of paying for each uninsured service 
            individually at the time that the service is provided; 
            (ii)  inform patients of his billing practices and obtain patients' agreement to 
            any fee before providing an uninsured service; 
            (iii) offer the option of a block fee in writing, indicating the services that are 
            covered by the block fee and providing examples of those (if any) that are not 
            covered; 
            (iv)  either provide patients with a copy of the College's policy on block fees 
            and uninsured services, or inform them how they may obtain a copy; 
            (v)   provide patients with a written statement indicating the fees that will be 
            charged for each service, if patients choose to pay for each uninsured service at 
            the time it is provided rather than pay a block fee; 
            (vi)  obtain written consent from patients for the payment option chosen, and 
            maintain the written consent as part of patients' records; 
            (vii) use the form set out in Schedule A attached to this Order to obtain consent 
                                                for block fees; 
            (viii) charge any block fee for uninsured services to cover a period of not less 
            than three (3) months and not more than twelve (12) months; 
            (ix)  give patients the opportunity to rescind the decision to pay a block fee 
            within a week of their original decision, in which case they will be required to pay 
            for the services individually as provided; 
            (x)   not discontinue seeing a patient or refuse to see a new patient because that 
            person chooses not to pay a block fee; and 
            (xi)  not offer to, or provide preferential services to patients who agree to pay a 
            block fee. 
 
 
      (2)   Dr. Barnard will cooperate with inspections of his practice by representatives of 
      the College for a period of nine (9) months after completion of the suspension, solely for 
      the purpose of ensuring compliance with this order.  Such inspections shall be conducted 
      with at least 24 hours notice being given to Dr. Barnard before each visit.   If any 
      problems with Dr. Barnard's block fee practices are discovered within the 9-month time 
      period, the College is entitled to extend the monitoring inspections for a further six (6) 
      months. 
 
2.    Dr. Barnard pay to the College costs in the amount of $2,500.00. 
 
3.    The results of this proceeding be included in the register. 
 

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Nov 28, 2006

Concerns

Source: Member
Active Date: March 27, 2018
Expiry Date:
Summary:
Criminal Finding(s)

If, on or after June 1, 2015, a member is found guilty under the Criminal Code of Canada or the Ontario Health Insurance Act, the College By-laws require certain information about the finding of guilt to be posted on the register if the information is known to the College.

The following are findings of guilt made against this member on or after June 1, 2015, as known to the College, together with the corresponding information:

On May 31, 2017, Thomas J. Barnard plead guilty to knowingly obtaining or attempting to obtain payment for any insured service that he was not entitled to obtain, contrary to Section 43(1) of the Health Insurance Act, and thereby committed an offence pursuant to Section 44 of the said Act. Dr. Barnard was ordered to pay a fine of $8,000, plus a victim surcharge of $2,000, and restitution to the Minister of Finance in the amount of $250,000.


Source: Member
Active Date: January 20, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Thomas Joseph Barnard to the College of Physicians and Surgeons of Ontario, effective January 20, 2017:

As a result of an undertaking entered into with the College, effective March 17, 2017, Dr. Barnard must not practise family medicine, must not bill the Ontario Health Insurance Plan, and must not provide any OHIP-insured service. Dr. Barnard may only provide certain aesthetic and cosmetic services and may provide nutritional counselling.

Dr. Barnard shall post a clearly visible sign in the waiting rooms of all his Practice Locations, which states as follows: “Dr. Barnard must not practise family medicine or provide any OHIP-insured service. Dr. Barnard may only provide certain aesthetic and cosmetic services and nutritional counselling. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca.


Source: FSMB
Active Date: December 14, 2016
Expiry Date:
Summary:
Where a disciplinary finding is made against a member on or after September 1, 2015 by a medical regulatory or licensing authority in a jurisdiction outside Ontario, the College By-laws require certain information about the finding to be posted on the register, if the finding is known to the College.

The following are non-Ontario disciplinary findings made against this member, as known to the College, together with the corresponding information:

On December 7, 2016, the Medical Board of California accepted Dr. Barnard’s surrender of his medical license in California effective December 14, 2016. The surrender was considered a disciplinary action against Dr. Barnard by the Board. Dr. Barnard was being reviewed by the Medical Board of California for violation of the California Business and Professions Code due to disciplinary action taken against him by the College of Physicians and Surgeons of Ontario. Dr. Barnard is not allowed to practice medicine in California. The College was notified of this finding by a report received on December 12, 2016.


Source: ICR Committee
Active Date: September 15, 2016
Expiry Date:
Summary:
Caution-in-Person:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of the Committee. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.
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