Opper, David Brian (CPSO#: 53082)

Current Status: Active Member as of 25 May 2015

CPSO Registration Class: Restricted as of 24 Feb 2015

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English, French

Education:The University of Manitoba, 1983

Practice Information

Primary Location of Practice
Box 124
Black Lake SK  S0J 0H0
Phone: (306) 439-2200
Fax: 3064394826
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Opper Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Mar 04 2009

Shareholders:
Dr. D. Opper ( CPSO# 53082 )

Business Address:
10 Fieldstone Circle
Brantford ON  N3R 6S7

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.

Nunavut
Saskatchewan

Hospital Privileges

Hospital Location
Lake of the Woods District Hospital Kenora
Sault Area Hospital Sault Ste Marie
Sioux Lookout,Meno-Ya-Win Health Centre Sioux Lookout

Specialties

Specialty Issued On Type
Family Medicine Effective: 01 Jul 1985 CFPC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1983
Transfer of class of registration to: Independent Practice Certificate Effective: 30 Aug 1984
Transfer of class of certificate to: Restricted certificate Effective: 24 Feb 2015
Terms and conditions imposed on certificate by Discipline Committee Effective: 24 Feb 2015
Suspension of registration imposed: Discipline Committee Effective: 25 Feb 2015
Suspension of registration removed Effective: 25 May 2015

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Discipline Committee Effective: 24 Feb 2015 Active View Details [+]
            As from 11:59 p.m., February 24, 2015, 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. David Brian Opper:


            (i)   Dr. Opper shall participate in and successfully complete an educational
                  program satisfactory to the College in Ethics, with a report or reports
                  to be provided to the College regarding Dr. Opper's progress and
                  compliance. Dr. Opper shall complete this requirement by August 1, 2015
                  or, if no satisfactory program is available by that time, by the first
                  possible opportunity thereafter; 

            (ii)  Within thirty (30) days of the date of this Order, Dr. Opper shall obtain
                  a physician practice monitor acceptable to the College, who will review
                  his Ontario Health Insurance Plan ("OHIP") billings and corresponding
                  patient charts to ensure his compliance with the Health Insurance Act and
                  who will sign an undertaking in the form attached hereto as Schedule "A"
                  (the "Practice Monitor");

            (iii) The Practice Monitor will review, at minimum, 25 of Dr. Opper's patient
                  charts for which he has billed OHIP once every three (3) months for a
                  minimum of one year. If  Dr. Opper bills OHIP for fewer than 25 patients
                  in any given three-month period, the Practice Monitor will review all of
                  the patient charts for which Dr. Opper billed OHIP. In the event that Dr.
                  Opper has billed OHIP for fewer than 100 patients during the one-year
                  period of monitoring, the monitoring will continue until a minimum of 100
                  charts have been reviewed;

            (iv)  If a Practice Monitor who has given an undertaking in Schedule "A" to
                  this Order is unable or unwilling to continue to fulfill its terms, Dr.
                  Opper 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. Opper is unable to obtain a Practice Monitor in accordance with
                  paragraphs 4(ii), 4(iii) and 4(iv) of this Order, he shall cease to
                  submit bills to OHIP until such time as he has done so;

            (vi)  Dr. Opper shall consent to the disclosure by his Practice Monitor to the
                  College, and by the College to his Practice Monitor, of all information
                  the Practice Monitor or the College deems necessary or desirable in order
                  to fulfill the Practice Monitor's undertaking and to monitor Dr. Opper's
                  compliance with this Order;

            (vii) For an indefinite period of time, Dr. Opper shall inform the College of
                  each and every location where he practices including, but not limited to
                  hospitals, clinics, and offices, in any jurisdiction (collectively, his
                  "Practice Location(s)"), within fifteen (15) days of this Order, and
                  shall inform the College of any and all new Practice Locations within 15
                  days of commencing practice at that location;

            (viii)For an indefinite period of time, Dr. Opper shall submit to, and not
                  interfere with, unannounced inspections of his Practice Location(s) and
                  patient records by a College representative for the purposes of
                  monitoring his compliance with this Order;

            (ix)  Dr. Opper shall consent to the monitoring of his OHIP billings and
                  cooperate with inspections of his practice and patient charts by his
                  Practice Monitor and College representatives for the purpose of
                  monitoring and enforcing his compliance with the terms of this Order; and

            (x)   Dr. Opper shall be responsible for any and all costs associated with
                  implementing the terms of this Order.

Previous Discipline Hearings

Committee: Discipline
Decision Date: 24 Feb 2015
Summary:

On February 24, 2015, the Discipline Committee found that Dr. Opper committed an act of 
professional misconduct in that he has been found guilty of an offence that is relevant to his 
suitability to practise, and that he has engaged in conduct or 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. Opper admitted to the 
allegations. 
 
On August 9, 2011, Dr. Opper was charged with and on October 25, 2012, pleaded guilty and 
was found guilty of the following offences under s.44(1)(a) of the Health Insurance Act: 
(a) Failing to maintain records as may be necessary to demonstrate that a service for which he 
prepares or submits an account is the service that he provided. Dr. Opper was compensated for 
improper billings in the amount of $29,767.50 for the period of April 1, 2009 to March 31, 2010. 
(b) Knowingly obtaining or attempting to obtain payment for any insured service that he was not 
entitled to obtain. Dr. Opper billed OHIP for services purportedly provided to a patient in 
December 2006 and July 2009. The patient denied having seen Dr. Opper at any time after June 
2006, and Dr. Opper later admitted to not having provided the services to the patient. Dr. Opper 
received $265.30 for these billings. 
(c) Knowingly giving false information in an application, return or statement made to the Plan or 
to the General Manager. Dr. Opper billed OHIP for services purportedly provided to a patient in 
July 2009. The patient denied having received services from Dr. Opper at any time after 2006, 
and Dr. Opper later admitted to knowingly giving false information to OHIP regarding the 
provision of insured services to this patient. Dr. Opper received $206.90 for this billing.  
 
In addition, Dr. Opper agreed to facts, though he did not plead guilty to the associated counts, 
regarding billing OHIP for 17 Special Visit Premiums related to discussions with a colleague 
regarding the colleague’s personal medical issues and 11 Special Visit Premiums related to 
discussions with a member of his church. 
 
In relation to the three charges of which he was found guilty, Dr. Opper was sentenced to a fine 
of $30,000 ($10,000 per count), plus court costs and victim surcharge. On October 25, 2012, 
prior to the hearing on the charges, Dr. Opper paid restitution in the amount of $29,816.20. 
 
The Committee ordered and directed that: 
- the Registrar suspend Dr. Opper’s certificate of registration for a period of three (3) months, 
commencing at 12:01 a.m. on February 25, 2015. 
- the Registrar place the following terms, conditions and limitations on Dr. Opper’s certificate of 
registration: 
 (i)     Dr. Opper shall participate in and successfully complete an educational program  
     satisfactory to the College in Ethics, with a report or reports to be provided to the College 
     regarding Dr. Opper’s progress and compliance. Dr. Opper shall complete this 
     requirement by August 1, 2015 or, if no satisfactory program is available by that time, by 
     the first possible opportunity thereafter;  
 (ii)    Within thirty (30) days of the date of this Order, Dr. Opper shall obtain a physician 
     practice monitor acceptable to the College, who will review his Ontario Health Insurance 
     Plan (“OHIP”) billings and corresponding patient charts to ensure his compliance with 
     the Health Insurance Act and who will sign an undertaking in the form attached hereto as 
     Schedule “A” (the “Practice Monitor”); 
 (iii)   The Practice Monitor will review, at minimum, 25 of Dr. Opper’s patient charts for which 
     he has billed OHIP once every three (3) months for a minimum of one year. If  Dr. Opper 
     bills OHIP for fewer than 25 patients in any given three-month period, the Practice 
     Monitor will review all of the patient charts for which Dr. Opper billed OHIP. In the 
     event that Dr. Opper has billed OHIP for fewer than 100 patients during the one-year 
     period of monitoring, the monitoring will continue until a minimum of 100 charts have 
     been reviewed; 
 (iv)    If a Practice Monitor who has given an undertaking in Schedule “A” to this Order is 
     unable or unwilling to continue to fulfill its terms, Dr. Opper 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. Opper is unable to obtain a Practice Monitor in accordance with paragraphs 4(ii), 
     4(iii) and 4(iv) of this Order, he shall cease to submit bills to OHIP until such time as he 
     has done so; 
 (vi)    Dr. Opper shall consent to the disclosure by his Practice Monitor to the College, and by 
     the College to his Practice Monitor, of all information the Practice Monitor or the College 
     deems necessary or desirable in order to fulfill the Practice Monitor’s undertaking and to 
     monitor Dr. Opper’s compliance with this Order; 
 (vii)  For an indefinite period of time, Dr. Opper shall inform the College of each and every 
     location where he practices including, but not limited to hospitals, clinics, and offices, in 
     any jurisdiction (collectively, his “Practice Location(s)”), within fifteen (15) days of this 
     Order, and shall inform the College of any and all new Practice Locations within 15 days 
     of commencing practice at that location; 
 (viii)  For an indefinite period of time, Dr. Opper shall submit to, and not interfere with, 
     unannounced inspections of his Practice Location(s) and patient records by a College 
     representative for the purposes of monitoring his compliance with this Order; 
 (ix)    Dr. Opper shall consent to the monitoring of his OHIP billings and cooperate with 
     inspections of his practice and patient charts by his Practice Monitor and College 
     representatives for the purpose of monitoring and enforcing his compliance with the 
     terms of this Order; and 
 (x)     Dr. Opper shall be responsible for any and all costs associated with implementing the 
     terms of this Order. 
- Dr. Opper appear before the panel to be reprimanded. 
- Dr. Opper pay its costs of this proceeding in the amount of $4,460.00, within thirty (30) days of 
the date of this Order. 

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): February 24, 2015