Saul, David Gary (CPSO#: 28402)

Current Status: Expired: Resigned from membership as of 10 Jun 2015

CPSO Registration Class: None as of 10 Jun 2015

Indicates a concern or additional information

Summary

Former Name: Salve, David Gary (used until: 07 Aug 1984 )

Gender: Male

Languages Spoken: English

Education:University of Toronto, 1975

Practice Information

Primary Location of Practice
Practice Address Not Available

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1975
Transfer of class of registration to: Independent Practice Certificate Effective: 30 Jun 1976
Transfer of class of certificate to: Restricted certificate Effective: 08 Dec 2011
Terms and conditions amended Effective: 22 Sep 2014
Suspension of registration imposed: Discipline Committee Effective: 01 Nov 2014
Suspension of registration removed Effective: 01 Jan 2015
Expired: Resigned from membership. Expiry: 10 Jun 2015

Previous Discipline Hearings

Committee: Discipline
Decision Date: 22 Sep 2014
Summary:

On September 22, 2014, the Discipline Committee found that Dr. Saul committed an act of 
professional misconduct in that 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. Saul admitted to the allegation. 
 
On December 8, 2011, Dr. Saul entered into an undertaking with the College as a result of 
information obtained by the College in the course of an investigation into Dr. Saul's standard of 
practice. Between December 8, 2011 and December 31, 2011, Dr. Saul breached the Undertaking 
by providing forty three medical declarations relating to Health Canada medical marihuana 
authorizations for his patients. Between January 4 to 6, 2012, Dr. Saul submitted seven further 
Medical Authorization Declarations for patients.  
 
Dr. Saul stated that, at the time of signing the Undertaking with the College, he did not fully 
focus on the fact that, according to its terms, the Undertaking took effect upon execution on 
December 8, 2011. Dr. Saul acknowledges that he was represented by experienced legal counsel 
throughout the negotiation of the Undertaking. 
 
Dr. Saul acknowledged that he did not, at any time, consult with the College about his 
obligations pursuant to the Undertaking before continuing to submit Medical Declarations in 
December 2011 and January 2012 while the Undertaking was in force. Dr. Saul admitted that he 
breached the terms of his Undertaking by continuing to sign and submit Medical Declarations. 
 
Pursuant to his Undertaking, Dr. Saul was required to post a clearly visible sign in the waiting 
rooms of all of his practice locations notifying patients of his prescribing restrictions. In May 
2012, a College investigator noted there was no sign posted. Dr. Saul acknowledged that he did 
not, at any time, consult with the College as to how he should comply with the Undertaking in 
light of the fact that his new office did not have a waiting room. Dr. Saul acknowledged that he 
breached his Undertaking by failing to post a sign advising of his prescribing restrictions.  
 
In the course of issuing Medical Declarations relating to Health Canada medical marihuana 
authorizations, Dr. Saul admitted that he dated some of these Medical Declarations as of 
December 31, 2011, when he had actually seen the relevant patients and completed these Medical 
Declarations earlier that month. Dr. Saul's stated reason for post-dating these Medical 
Declarations was to maximize the timeframe for which the marihuana authorizations obtained by 
his patients would be valid after December 31, 2011. Dr. Saul admitted that he issued Medical 
Declarations that were inaccurate and misleading in this respect. 
 
The Committee ordered and directed that: 
      the Registrar suspend Dr. Saul's certificate of registration for a period of two (2) months, 
      commencing 12:00 a.m. on November 1, 2014. 
      the Registrar impose the following terms, conditions and limitations on Dr. Saul's 
      certificate of registration:  
      a)    Dr. Saul shall, at his own expense, 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. Saul's progress and compliance. Dr. 
      Saul shall complete this requirement by April 1, 2015 or, if no satisfactory 
      program is available by that time, by the first possible opportunity thereafter;    
              
b)    Effective immediately, Dr. Saul shall be prohibited from all practice in relation to 
      Cannabis, as defined by Schedule II to the Controlled Drugs and Substances Act 
      (S.C. 1996, c. 19) ("Cannabis"), including, without in any way limiting the 
      generality of this restriction,  
      i.    The prescription, dispensing or administration of Cannabis;  
              
      ii.   Signing medical documents pursuant to the Marihuana for Medical 
            Purposes Regulations, SOR/2013-119 or any equivalent documents 
            pursuant to such statutes and/or regulations as may come into force at a 
            future time (collectively, "Marihuana Documents"), or participating in any 
            way in the preparation, issuance or support of Marihuana Documents; or 
              
      iii.  The counselling, assessment or treatment of patients in relation to 
            Cannabis.  
              
c)    Dr. Saul 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; 
              
d)    For an indefinite period of time, Dr. Saul 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; and 
              
e)    Dr. Saul shall consent to the monitoring of his OHIP billings and cooperate with 
      inspections of his practice and patient charts by College representatives for the 
      purpose of monitoring and enforcing his compliance with the terms of this Order. 
               
Dr. Saul appear before the panel to be reprimanded. 
Dr. Saul pay costs to the College 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): September 22, 2014