Himal, Harry Sander (CPSO#: 31420)

Current Status: Active Member as of 21 Apr 1980

CPSO Registration Class: Restricted as of 01 Sep 2016

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Ottawa, 1963

Practice Information

Primary Location of Practice
Rudd Clinic
Room 400
123 Edward Street
Toronto ON  M5G 1E2
Phone: (416) 597-0997
Electoral District: 10

Specialties

Specialty Issued On Type
General Surgery Effective: 20 Nov 1969 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 21 Apr 1980
Transfer of class of certificate to: Restricted certificate Effective: 01 Sep 2016
Terms and conditions imposed on certificate by Discipline Committee Effective: 01 Sep 2016

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Discipline Committee Effective: 01 Sep 2016 Active View Details [+]


            As from September 1, 2016, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Harry Sander Himal,
            in accordance with an undertaking and consent given by Dr. Himal to the College
            of Physicians and Surgeons of Ontario:


                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. HARRY SANDER HIMAL
                                          ("Dr. Himal")
                  
                                                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;
                  
                  "OHIP" means the Ontario Health Insurance Plan.
                  
            (2)   I, Dr. Himal, certificate of registration number 31420, am a member of
                  the College.  The College has received information regarding my standard
                  of practice.

            (3)   I, Dr. Himal, acknowledge that I was subject to a Specified Continuing
                  Education and Remediation Program, dated January 2011 (SCERP).  Based on
                  the assessment conducted pursuant to the SCERP, my colonoscopy practice
                  was observed by a College assessor. I acknowledge that this Undertaking
                  is the result of that observation. 

            B.    UNDERTAKING

            (4)   I, Dr. Himal, understand and agree that I am bound by this Undertaking
                  from the date on which I sign it.



            (5)   Practice Restrictions

                  (a)   I, Dr. Himal, undertake that, effective September 1, 2016, I will
                        cease to perform and/or engage in colonoscopies and flexible
                        sigmoidoscopies.
                  
            (6)   Posting a Sign 

                  (a)   I, Dr. Himal, undertake that, effective immediately, 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 "A."  For further clarity, this sign shall state as
                        follows: "Effective September 1, 2016, Dr. Himal will not perform
                        and/or engage in any colonoscopies and flexible sigmoidoscopies.
                        Further information may be found on the College of Physicians and
                        Surgeons of Ontario website at www.cpso.on.ca".
                  
                  (b)   I, Dr. Himal, 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 "A." 
                  
                  (c)   I, Dr. Himal, 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. Himal, 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. Himal, 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. Himal, 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
                        fifteen (15) days of executing this Undertaking.  Going forward, I
                        further undertake to inform the College of any and all new Practice
                        Locations within fifteen (15) days of commencing practice at that
                        location.
                  
                  (b)   I, Dr. Himal, 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. Himal, 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. Himal, acknowledge that I have executed the OHIP consent
                        form, attached hereto as Appendix "B".
                  
            (8)   I, Dr. Himal, undertake to comply with the provisions of this Undertaking
                  and 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.

            C.    ACKNOWLEDGEMENT

            (9)   I, Dr. Himal, acknowledge that all appendices attached to or referred to
                  in this Undertaking form part of this Undertaking.

            (10)  I, Dr. Himal, acknowledge 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. Himal, acknowledge and confirm 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. Himal, acknowledge that this entire Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code. I understand that this Undertaking
                  shall be information on the College's Register that is available to the
                  public during the time period that the Undertaking remains in effect.

            (13)  I, Dr. Himal, acknowledge that the following summary will appear on the
                  College's Register that is available to the public during the time period
                  that this Undertaking remains in effect:

                        Dr. Himal was the subject of Specified Continuing Education
                        Program.  As a result of an assessment conducted under that
                        Program, Dr. Himal has agreed not to perform and/or engage in any
                        colonoscopies and flexible sigmoidoscopies.
                  
                        Dr. Himal shall post a clearly visible sign in the waiting rooms of
                        all his Practice Locations, which states as follows: "Effective
                        September 1, 2016, Dr. Himal will not perform and/or engage in any
                        colonoscopies and flexible sigmoidoscopies.  Further information
                        may be found on the College of Physicians and Surgeons of Ontario
                        website at www.cpso.on.ca".
                  
            D.    CONSENT

            (14)  I, Dr. Himal, give my irrevocable consent to the College to provide this
                  Undertaking to any Chief of Staff, or a colleague with similar
                  responsibilities, at any Practice Location ("Chief(s) of Staff"), and to
                  provide said 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.

Concerns

Source: ICR Committee
Active Date: September 16, 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.

See PDF for the summary of a decision made against this member in which the disposition includes a caution-in-person.
Download Full Document (PDF)


Source: Member
Active Date: September 1, 2016
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Harry Sander Himal to the College of Physicians and Surgeons of Ontario effective September 1, 2016:

Dr. Himal was the subject of Specified Continuing Education Program. As a result of an assessment conducted under that Program, Dr. Himal has agreed not to perform and/or engage in any colonoscopies and flexible sigmoidoscopies.

Dr. Himal shall post a clearly visible sign in the waiting rooms of all his Practice Locations, which states as follows: “Effective September 1, 2016, Dr. Himal will not perform and/or engage in any colonoscopies and flexible sigmoidoscopies. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca”.