Kernerman, Philip Daniel (CPSO#: 66372)

Current Status: Active Member as of 22 Aug 2014

CPSO Registration Class: Restricted as of 22 Aug 2014

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:Tel Aviv University, 1992

Practice Information

Primary Location of Practice
Practice Address Not Available

Specialties

Specialty Issued On Type
Internal Medicine Effective: 19 Nov 1998 RCPSC Specialist

Post Graduate Training

Please note: This information may not be a complete record of post-graduate training.

McMaster University, 01 Jul 1993 to 30 Jun 1994
Resident 2 - Internal Medicine

McMaster University, 01 Jul 1994 to 30 Jun 1995
Resident 3 - Internal Medicine

McMaster University, 01 Jul 1995 to 30 Jun 1996
Resident 4 - Internal Medicine

University of Toronto, 01 Jul 1996 to 30 Jun 1997
Resident 5 - Critical Care Medicine

University of Toronto, 01 Jul 1997 to 30 Apr 1998
PostGrad Yr 5 - Critical Care Medicine

University of Toronto, 01 Jan 1999 to 31 Mar 1999
Resident 5 - Critical Care Medicine

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1993
Expired: Terms and conditions of certificate of registration Expiry: 30 Apr 1998
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 10 Dec 1998
Transfer of class of certificate to: Restricted certificate Effective: 10 Jun 2003
Revoked: Discipline Committee. Effective: 09 Feb 2004
Subsequent certificate of registration issued: Restricted certificate Effective: 22 Aug 2014

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Executive Committee Effective: 22 Aug 2014 Active View Details [+]
            As from 12:01 a.m., June 25, 2014, by order of the Executive 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.
            Philip Daniel Kernerman:

            Phase One

            Practice Restriction:  Not the MRP

            (1)   I, Dr. Kernerman, undertake that I shall not engage in the practice of
                  medicine as the Most Responsible Physician ("MRP"), as that term is
                  defined in the Guidelines for College-Directed Supervision, until
                  approved to do so by the College in writing, and shall practise only in a
                  practice setting approved by the College and in accordance with the
                  Re-entering Practice Plan defined below.

            Re-entering Practice Plan and Clinical Supervision

            (2)   I, Dr. Kernerman, undertake to complete a Re-entering Practice Plan in
                  internal medicine and critical care medicine (the "Re-entering Practice
                  Plan") under the guidance and supervision of a clinical supervisor
                  acceptable to the College (the "Clinical Supervisor").  The Clinical
                  Supervisor must have experience supervising in a post-graduate medical
                  education setting.   The Re-entering Practice Plan must be approved in
                  advance by the College and:

                  i)    Prior to the commencement of the Re-entering Practice Plan, I shall
                        submit, for the College's approval, an Individualized Educational
                        Plan prepared by my Clinical Supervisor and the College;
                  
                  ii)   Phase One (the Re-entering Practice Plan) shall be a minimum of
                        eighteen (18) months from the commencement of my re-entry to
                        practice, in which I am restricted from being the MRP and practice
                        under the high supervision of a Clinical Supervisor who will be
                        required to report to the College on a monthly basis throughout
                        Phase One of this Undertaking;
                  
                  iii)  I shall only practise in a hospital or clinical setting approved by
                        the College, and during Phase One, will be a setting in which the
                        staff have experience supervising post-graduate medical trainees.
                  
            (3)   I, Dr. Kernerman, acknowledge that I have reviewed the Clinical
                  Supervisor's Undertaking attached hereto as Appendix "A" and understand
                  what is required of the Clinical Supervisor.  I understand that I may not
                  engage in the practice of medicine until such time as I have obtained a
                  Clinical Supervisor, acceptable to the College, and the Clinical
                  Supervisor has executed the aforementioned Undertaking.






            Phase Two

            Clinical Supervision 

            (4)   I, Dr. Kernerman, agree that after practicing for at least eighteen (18)
                  months under Phase One of my Re-entering Practice Plan, and upon
                  satisfactory reports, as determined by the College in its sole
                  discretion, from all Clinical Supervisors and physicians involved in my
                  re-training who have reported to my Clinical Supervisor, the College may
                  allow me to be the MRP under moderate-level supervision as defined in the
                  Guidelines for College-Directed Supervision.  I shall be required to have
                  one or more Clinical Supervisors acceptable to the College, whose duties
                  shall include, among other things itemized in the Clinical Supervisor's
                  Undertaking attached hereto as Appendix "B(a)", direct observation of my
                  practice,  chart reviews, and monthly meetings with me.

            (5)   I, Dr. Kernerman, acknowledge that this moderate-level supervision shall
                  be required for at least six (6) months after it has been determined that
                  I may assume responsibility as MRP.   

            (6)   I, Dr. Kernerman, agree that, after the minimum six (6) month period
                  referred to above, and upon satisfactory reports from the Clinical
                  Supervisor(s), and with approval of the College, the level of supervision
                  may be reduced to low level supervision as defined in the Guidelines for
                  College Directed Supervision.  This supervisory period shall continue for
                  a minimum period of twelve (12) months, during which the Clinical
                  Supervisor(s) will meet with me at least every three (3) months, and
                  provide reports to the College on a quarterly basis.   The additional
                  duties of the Clinical Supervisor during this low level supervision are
                  set out in the Clinical Supervisor's Undertaking attached hereto as
                  Appendix "B(b)".

            (7)   I, Dr. Kernerman, undertake to participate in and successfully complete
                  any professional remedial education courses that are recommended by my
                  Clinical Supervisor(s).

            (8)   I, Dr. Kernerman, acknowledge that I have reviewed the Clinical
                  Supervisor's Undertaking attached as Appendix "B(a)" and "B(b)", and
                  understand what is required of the Clinical Supervisor(s) at each stage.

            C.    WORKPLACE MONITORING

            (9)   I, Dr. Kernerman, undertake to the College that, upon my re-entry to
                  practice, I shall be supervised by a Workplace Monitor acceptable to the
                  College ("the Workplace Monitor") for a period of at least three (3)
                  years, or until such further time as the Workplace Monitor may recommend
                  and the College approves. 

            (10)  I, Dr. Kernerman, acknowledge that I have reviewed the Workplace
                  Monitor's Undertaking, attached hereto as Appendix "C", and understand
                  what is required of my Workplace Monitor including, but not limited to:

                  i)    Observing my interactions with females with whom I come into
                        contact in the course of my professional duties, including
                        patients, fellow health professionals, hospital/clinic staff and
                        members of the public;
                  
                  ii)   Meeting with me on a monthly basis for the first twelve (12) months
                        following my re-entry to practice, and thereafter meeting with me
                        every three (3) months  for a minimum of two years to discuss my
                        conduct and any concerns identified;
                  
                  iii)  Obtaining feedback, every three (3) months for the first year and
                        then every six (6) months thereafter, from my physician colleagues,
                        allied health staff, and patients, in a multi-source feedback form,
                        attached as Appendix 1 to Appendix "C", and including the results
                        of this feedback in reports to the College;
                  
                  iv)   Submitting reports to the College every three (3) months for the
                        first two years following my re-entry to practice, and every six
                        (6) months thereafter for the remaining year, which shall contain
                        all information that he or she believes will assist the College in
                        monitoring my conduct and behaviour; and
                  
                  v)    Making an immediate report to the College if he or she believes
                        that my behaviour or conduct is improper or poses a risk to public
                        or patient safety.
                  
            (11)  I, Dr. Kernerman, understand that I may not engage in the practice of
                  medicine until such time as I have obtained a Workplace Monitor
                  acceptable to the College, and the Workplace Monitor has executed the
                  aforementioned Undertaking.

            D.    HEALTH MONITORING 

            (12)  I, Dr. Kernerman, will continue to receive treatment from my treating
                  physician, and/or other similarly qualified physicians acceptable to the
                  College, who will act as my Health Monitor(s).   The Health Monitor(s)
                  will sign an Undertaking in the form attached as Appendix "D" to this
                  Undertaking. 

            (13)  I, Dr. Kernerman, agree that, for a period of at least three (3) years
                  from the date on which I sign this Undertaking, I will meet with my
                  Health Monitor(s) at such frequency as he or she determines but not less
                  than quarterly.  I understand that my Health Monitor(s) shall provide
                  reports to the College, to my Clinical Supervisor(s) and to my Workplace
                  Monitor, on a quarterly basis throughout this minimum three year period. 

            (14)  I, Dr. Kernerman, further agree that, at all times while I am under the
                  care of my Health Monitor(s), I shall comply with any treatment
                  recommendations.



            E.    ASSESSMENT

            (15)  I, Dr. Kernerman, undertake that, at the conclusion of Phase Two of this
                  Undertaking (i.e. after having practised as the MRP for a period of at
                  least eighteen (18) months, and once the Clinical Supervisor(s) is of the
                  opinion that I may practise independently), under the direction of the
                  College, I will submit to an assessment (the "Assessment") of my practice
                  by an assessor(s) selected by the College (the "Assessor(s)").  

            (16)  I, Dr. Kernerman, undertake to co-operate fully with the Assessment of my
                  practice, which may include, among other things, an observation
                  component, consultation with my Clinical Supervisor(s), Workplace
                  Monitor(s) and Health Monitor(s), and a chart review.   
            (17)  I, Dr. Kernerman, further agree that I shall comply with any
                  recommendations of the College that result from that Assessment.  I also
                  understand and agree that if any of the recommendations made by the
                  Assessor(s) limit or in any way restrict my practice such limitations or
                  restrictions constitute terms, conditions or limitations on my
                  certificate of registration and may be included on the public register if
                  required by the College in its sole discretion.  

            (18)  I, Dr. Kernerman, further understand and acknowledge that, if I do not
                  complete the Assessment, or I fail to comply with any recommendations
                  that result from the Assessment, as determined by the College, the
                  Registrar may suspend my certificate of registration until I successfully
                  complete the Assessment or comply with the recommendations.

            F.    GENERAL MONITORING

            (19)  I, Dr. Kernerman, acknowledge that, if at any time during the supervisory
                  period, one of my Clinical Supervisors, my Workplace Monitor and/or my
                  Health Monitor(s) are of the opinion that I pose a risk to the public or
                  patient safety, or that my conduct is in any way improper, or if any
                  patient or individual expresses a concern regarding inappropriate
                  behaviour by me, the Clinical Supervisor, the Workplace Monitor and/or
                  the Health Monitor shall immediately report such concerns to the College.

            (20)  I, Dr. Kernerman, agree that if any person who has given an Undertaking
                  in relation to the Order of the Executive Committee is unable or
                  unwilling to continue to fulfill its terms, I shall, within fifteen (15)
                  days, obtain an Undertaking in the same form from a similarly qualified
                  person who is acceptable to the College.  If this condition cannot be
                  satisfied, I shall cease to practise until the condition is fulfilled.

            (21)  I, Dr. Kernerman, acknowledge that, in the event that any of the reports
                  contemplated by this Undertaking are not received in accordance with the
                  time frame specified, or are unsatisfactory to the College, and if such
                  failure is not rectified within thirty (30) days of notice of the
                  non-compliance being given to me, the Registrar may suspend my
                  certificate of registration.

            G.    ACKNOWLEDGEMENT

            (22)  I, Dr. Kernerman, shall comply with the terms and conditions of this
                  Undertaking and acknowledge that a breach by me of any term 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 of the College (the "Discipline Committee").

            (23)  I, Dr. Kernerman, acknowledge that if a referral of specified allegations
                  to the Discipline Committee is made in relation to the terms of this
                  Undertaking, the College will be entitled to introduce this Undertaking
                  as evidence at a hearing before the Discipline Committee.

            (24)  I, Dr. Kernerman, acknowledge and agree that I shall be solely
                  responsible for all costs associated with the terms, conditions and
                  limitations imposed on my certificate of registration, and any other
                  fees, costs, charges, expenses, etc. arising from the implementation of
                  any of the terms of this Undertaking. 

            (25)  I, Dr. Kernerman, acknowledge and confirm that I have read and understand
                  the terms and conditions provided in this Undertaking and that I have
                  obtained independent legal counsel in reviewing and executing this
                  Undertaking, or have waived my right to do so.

            H.    CONSENT

            (26)  I, Dr. Kernerman, 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 Re-entering Practice
                  Plan and/or Clinical Supervision set out above and to all  Clinical
                  Supervisors, Workplace Monitor, Health Monitors, the Assessor, and the
                  Chief(s) of Staff, or a colleague with similar responsibilities, as
                  determined by the College, at any hospital or Practice Location where I
                  practise or have privileges:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking; 
                  (b)   any information relevant to the terms of the  Clinical Supervisor's
                        Undertaking set out at Appendix "A";
                  (c)   any information relevant to the terms of the Clinical Supervisor's
                        Undertaking set out at Appendices "B(a)" and "B(b)";
                  (d)   any information relevant to the terms of the Workplace Monitor's
                        Undertaking set out at Appendix "C";
                  (e)   any information relevant to the terms of the Health Monitor's
                        Undertaking set out at Appendix "D";
                  (f)   any information relevant to any assessments; and
                  (g)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
                  
                  
            (27)  I, Dr. Kernerman, give my irrevocable consent to any person who
                  facilitates my completion of the Re-entering Practice Plan and/or
                  Clinical Supervision, and to all  Clinical Supervisors, Assessors,
                  Workplace Monitors and Health Monitors, to disclose to the College, and
                  to one another, any information:

                  (a)   relevant to this Undertaking; 
                  (b)   relevant to the terms of the Clinical Supervisor's Undertaking set
                        out at Appendix "A";
                  (c)   relevant to the terms of the Clinical Supervisor's Undertaking set
                        out at Appendices "B(a)" and "B(b)";
                  (d)   relevant to the terms of the Workplace Monitor's Undertaking set
                        out at Appendix "C";
                  (e)   relevant to the terms of the Health Monitor's Undertaking set out
                        at Appendix "D";
                  (f)   relevant to the Assessment;
                  (g)   relevant for the purposes of monitoring my compliance with this
                        Undertaking; and/or
                  (h)   which comes to his or her attention in the course of providing
                        re-training which he or she reasonably believes indicates a
                        potential risk of harm to my patients or members of the public.
                  
            (28)  I, Dr. Kernerman, give my irrevocable consent to the College to provide
                  this Undertaking to any Chief(s) of Staff, or a colleague with similar
                  responsibilities approved by the College, at any hospital or Practice
                  Location where I practise or have privileges ("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.

            (29)  I, Dr. Kernerman, acknowledge that the terms and conditions contained in
                  this Undertaking are deemed to be specified terms, conditions and
                  limitations imposed on my certificate of registration for the purpose of
                  section 23 of the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c.18, as
                  amended.  I understand that such specified terms, conditions and
                  limitations shall be information on the College's Register that is
                  available to the public.  

Previous Discipline Hearings

Committee: Discipline
Decision Date: 02 Feb 2004
Summary:

 On February 9, 2004, the Discipline Committee found that Dr. Kernerman committed acts of 
 professional misconduct in that he engaged in disgraceful, dishonourable or unprofessional conduct 
 by behaving in a rude, inappropriate and/or sexually suggestive manner to friends or spouses of 
 patients, staff and visitors and unwanted sexual touching of a staff member at various hospitals 
 and clinics at which he worked.

The Committee ordered that Dr. Kernerman(s certificate of 
 registration be revoked effective immediately.

On March 10, 2009, the Registrar referred Dr. 
 Kernerman(s application for reinstatement to the Discipline Committee.  The Discipline Committee 
 heard the matter on January 7, 8, 11 and 12, 2010 and reserved its decision. On September 8, 2010, 
 the Discipline Committee dismissed Dr. Kernerman(s application for reinstatement.

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): Feb 02, 2004

Application for Reinstatement   Download Reinstatement Decision (PDF)
Decision Date: 24 Jun 2014
Decision: Application Accepted

Application for Reinstatement   Download Reinstatement Decision (PDF)
Decision Date: 08 Oct 2013
Decision: Application Denied

Application for Reinstatement   Download Reinstatement Decision (PDF)
Decision Date: 08 Sep 2010
Decision: Application Denied