Pasternak, Harvey Stephen (CPSO#: 26502)

Current Status: Active Member as of 18 Jun 1974

CPSO Registration Class: Restricted as of 25 May 2017

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Toronto, 1973

Practice Information

Primary Location of Practice
1302 Queen Street East
Toronto ON  M4L 1C4
Phone: (416) 466-8640
Fax: (416) 466-2949
Electoral District: 10
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Additional Practice Location(s)

531 Davis Drive.
Newmarket ON  L3Y 6P5
Canada
Phone: (905) 853-4220
Fax: (416) 466-2949
County: Regional Municipality of York
Electoral District: 05

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 18 Jun 1973
Transfer of class of registration to: Independent Practice Certificate Effective: 18 Jun 1974
Transfer of class of certificate to: Restricted certificate Effective: 25 May 2017
Terms and conditions imposed on certificate by member Effective: 25 May 2017

Pending Discipline Hearings

Summary: Allegations of Dr. Pasternak’s professional misconduct have been referred to the Discipline Committee of the College. It is alleged that Dr. Pasternak engaged in disgraceful, dishonourable or unprofessional conduct and is incompetent and/or failed to maintain the standard of practice of the profession in his prescribing

Notice of Hearing: Download Full Notice (PDF)

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 25 May 2017 Active View Details [+]
            As from May 25, 2017, the following terms, conditions and limitations are
            imposed on the certificate of registration held by Dr. Harvey Stephen Pasternak
            in accordance with an undertaking and consent Dr. Pasternak has given to the
            College of Physicians and Surgeons of Ontario:

                               UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                            ("Undertaking")

                                                  of

                                     DR. HARVEY STEPHEN PASTERNAK
                                           ("Dr. Pasternak")

                                                  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 Narcotics Monitoring System implemented under the
                  Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22, as amended;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public. 
                  
            (2)   I, Dr. Pasternak, certificate of registration number 26502, am a member
                  of the College.  The College has received information regarding my
                  standard of practice.

            (3)   I, Dr. Pasternak, acknowledge that the College has referred to the
                  Discipline Committee, in the matter of College File Number 7215240,
                  allegations including an allegation that I failed to maintain the
                  standard of practice in prescribing.

            (4)   I, Dr. Pasternak, have read the Notice of Hearing dated April 5, 2017,
                  which sets out the allegations against me.  I am aware of the College's
                  concern about protecting the public and I understand the nature of the
                  allegations against me.

            (5)   I, Dr. Pasternak, acknowledge that the College has accepted this
                  Undertaking in lieu of making an Order under section 37 of the Code.

            (6)   I, Dr. Pasternak, acknowledge that this Undertaking continues in force
                  until the matters currently referred are disposed of by a panel of the
                  Discipline Committee.
            B.    UNDERTAKING

            (7)   I, Dr. Pasternak, undertake to abide by the provisions of this
                  Undertaking, effective immediately from the date I sign this undertaking,
                  ("Effective Date"). 

            (8)   Clinical Supervision 

                  I, Dr. Pasternak, undertake to practise under the guidance of a clinical
                  supervisor(s) acceptable to the College (the "Clinical Supervisor(s)"),
                  until such time as the allegations contained in the Notice of Hearing are
                  disposed of by the Discipline Committee.

                  (a)   I, Dr. Pasternak, acknowledge that I have reviewed the Clinical
                        Supervisor(s)'s undertaking, attached hereto as Appendix "A", and
                        understand what is required of the Clinical Supervisor(s). The
                        Clinical Supervisor(s) will, at minimum: 
                  
                        (i)   Review materials and have an initial in-person meeting with
                              me to discuss issues and practice recommendations;
                  
                        (ii)  Thereafter, the Clinical Supervisor will meet with me at my
                              Practice Location, or another location approved by the
                              College, once every two (2) weeks;
                  
                        (iii) Review at least twenty (20)  of my patient charts at every
                              meeting, which shall be selected by the Clinical
                              Supervisor(s) independent of my participation, where I have
                              prescribed narcotics or controlled substances or on the basis
                              of any concerns that arise during the period of Clinical
                              Supervision. If I have prescribed narcotics or controlled
                              substances in fewer than twenty (20) patients charts, then
                              the Clinical Supervisor shall review all patient charts where
                              I have prescribed narcotics or controlled substances;
                  
                        (iv)  Review the patient chart of any new patient to whom I
                              prescribe narcotics or controlled substances at the next
                              meeting with the Clinical Supervisor following any such
                              prescribing
                  
                        (v)   During this period, the Clinical Supervisor will submit
                              reports to the College on a monthly basis, or more frequently
                              if the Clinical Supervisor(s) has concerns about my standard
                              of practice.
                  
                        (vi)  After a minimum of two (2) months of Clinical Supervision,
                              consideration may be given to reduce the level of supervision
                              on receipt of reports from the Clinical Supervisor making the
                              recommendation to the College. The decision to grant
                              permission to reduce the level of supervision will be made by
                              the College;
                  
                        (vii) Once permission is received from the College, Clinical
                              Supervision will continue as above on a monthly basis for the
                              balance of the period of Clinical Supervision, with reports
                              from the Clinical Supervisor to be submitted every two (2)
                              months to the College, or more frequently if the Clinical
                              Supervisor(s) has concerns about my standard of practice;
                        (viii)Keep a log of all charts reviewed with patient identifiers;
                  
                        (ix)  The Clinical Supervisor will discuss any concerns arising
                              from the chart reviews and make recommendations for practice
                              improvements; or ongoing professional development; and
                  
                        (x)   Perform any other duties, such as reviewing other documents
                              or conducting interviews with staff or colleagues that the
                              Clinical Supervisor(s) deem necessary to my Clinical
                              Supervision.
                  
                  (b)   I, Dr. Pasternak, acknowledge that the charts reviewed shall be
                        selected by the Clinical Supervisor(s) based on the areas of
                        concern identified in the report(s) of the medical inspector dated
                        August 22, 2016, and concerns that may arise during the period of
                        Clinical Supervision.
                  
                  (c)   I, Dr. Pasternak, undertake to cooperate fully with the Clinical
                        Supervision of my practice, conducted under the term of this
                        Undertaking and Appendix "A" attached, and to abide by the
                        recommendations of my Clinical Supervisor(s), including but not
                        limited to, any recommended practice improvements and ongoing
                        professional development.
                  
                  (d)   I, Dr. Pasternak, undertake to ensure that Appendix "A" to this
                        Undertaking, is signed and delivered to the College within thirty
                        (30) days of the date I execute this Undertaking. I, Dr. Pasternak,
                        undertake that if a person who has given an undertaking in Appendix
                        "A" to this Undertaking is unable or unwilling to continue to
                        fulfill its provisions, I 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.
                  
                  (e)   I, Dr. Pasternak, acknowledge that if I am unable to obtain a
                        Clinical Supervisor on the provisions set out under sections (8)(d)
                        and/or above, I will cease practising medicine until such time as I
                        have obtained a Clinical Supervisor acceptable to the College.  
                  
                  (f)   I, Dr. Pasternak, acknowledge that if I am required to cease
                        practise as a result of section 8(e) above this will constitute a
                        term, condition or limitation on my Certificate of Registration and
                        that term, condition or limitation will be included on the public
                        register.
                  
            (9)   Safe Opioid Prescribing Course

                  a)    I, Dr. Pasternak, undertake to register for and complete the next
                        available Safe Opioid Prescribing Course offered by the University
                        of Toronto and provide proof of successful completion to the
                        College. 
                  
            (10)  I, Dr. Pasternak, undertake to inform the College of each and every
                  location that 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.
            (11)  I, Dr. Pasternak, undertake that I will submit to, and not interfere
                  with, unannounced inspections of my Practice Location(s) and and to any
                  other activity the College deems necessary in order to monitor my
                  compliance with the provisions of this Undertaking.

            (12)  I, Dr. Pasternak, 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

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

            (14)  I, Dr. Pasternak, 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. 

            (15)  I, Dr. Pasternak, acknowledge that I have read and understand the
                  provisions of Undertaking and that I have obtained independent legal
                  counsel in reviewing and executing this Undertaking, or have waived my
                  right to do so.

            (16)  I, Dr. Pasternak, acknowledge that the College will provide this
                  Undertaking to any Chief(s) of Staff, or a colleague with similar
                  responsibilities, at any Practice Location ("Chief(s) of Staff").

            (17)  In the event of an appeal of any order of the Discipline Committee, I,
                  Dr. Pasternak, acknowledge that if the Discipline Committee has directed
                  the Registrar to revoke, suspend, or impose terms and conditions on my
                  certificate of registration, that order will take effect immediately
                  despite any appeal.

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




            (19)  Public Register

                  (a)   I, Dr.  Pasternak, acknowledge that, during the time period that
                        this Undertaking remains in effect, this Undertaking shall be
                        posted on the Public Register.
                  
                  (b)   I, Dr. Pasternak, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (19)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                              Dr. Pasternak is the subject of a referral to the Discipline
                              Committee into allegations that he engaged in professional
                              misconduct including in failing to maintain the standard of
                              practice in his prescribing. As a result of the referral:
                  
                                    *     Dr. Pasternak must practise under the guidance of
                                          a Clinical Supervisor acceptable to the College
                                          until such time as the allegations contained in
                                          the Notice of Hearing are disposed of by the
                                          Discipline Committee 
            D.    CONSENT

            (20)  I, Dr. Pasternak, give my irrevocable consent to the College to make
                  appropriate enquiries of OHIP, the Drug Program Services Branch, NMS
                  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. 

            (21)  I, Dr. Pasternak, acknowledge that I have executed the OHIP and NMS
                  consent form(s), attached hereto as Appendix "B" and Appendix "C",
                  respectively. 

            (22)  I, Dr. Pasternak, give my irrevocable consent to the College to provide
                  the following information to all Clinical Supervisors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and 
                  
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (23)  I, Dr. Pasternak, 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.




            (24)  I, Dr. Pasternak, give my irrevocable consent to all Clinical Supervisors
                  and Chiefs of Staff to disclose to the College, and to one another, any
                  information:

                  (a)   relevant to this Undertaking;
                  
                  (b)   relevant to the provisions of the Clinical Supervisor's undertaking
                        set out at Appendix "A"; and/or
                  
                  (c)   relevant for the purposes of monitoring my compliance with this
                        Undertaking. 
                  

Concerns

Source: Member
Active Date: May 25, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Harvey Stephen Pasternak to the College of Physiicans and Surgeons of Ontario, effective May 25, 2017:

Dr. Pasternak is the subject of a referral to the Discipline Committee into allegations that he engaged in professional misconduct including in failing to maintain the standard of practice in his prescribing. As a result of the referral:

• Dr. Pasternak must practise under the guidance of a Clinical Supervisor acceptable to the College until such time as the allegations contained in the Notice of Hearing are disposed of by the Discipline Committee