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Kesarwani, Atul

CPSO#: 50955

MEMBER STATUS
Active Member as of 06 Apr 2018
CURRENT OR PAST CPSO REGISTRATION CLASS
Independent Practice as of 20 Nov 2018

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English, Hindi

Education: University of Ottawa, 1981

Practice Information

Primary Location of Practice
214 - 10 York Mills Rd
Toronto ON  M2P 2G4
Phone: (416) 449-9983
Fax: (416) 449-4578 Electoral District: 10

Additional Practice Location(s)

807 Broadview Avenue
Toronto ON  M4K 2P8
Canada
Phone: 416 461-9471
County: City of Toronto
Electoral District: 10

Professional Corporation Information


Corporation Name: Kesarwani Medicine Professional Corporation
Certificate of Authorization Status: Inactive: Aug 3 2007
Corporation Name: Rajani Adno Medicine Professional Corporation
Certificate of Authorization Status: Inactive: May 27 2010
Corporation Name: Kesarwani Medicine Professional Corporation
Certificate of Authorization Status: Inactive: Oct 15 2021

Hospital Privileges

Hospital Location
Toronto East Health Network Toronto

Specialties

Specialty Issued On Type
Plastic Surgery Effective:25 Nov 1987 RCPSC Specialist

Terms and Conditions

(1) Dr. ATUL KESARWANI may practise only in the areas of medicine in which Dr. KESARWANI is educated and experienced.

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 15 Jun 1981
Transfer of class of registration to: Independent Practice Certificate Effective: 21 May 1987
Transfer of class of certificate to: Restricted certificate Effective: 05 Jan 2018
Terms and conditions imposed on certificate Effective: 05 Jan 2018
Suspension of registration imposed: Discipline Committee Effective: 06 Jan 2018
Suspension of registration removed Effective: 06 Apr 2018
Transfer of class of registration to: Independent Practice Certificate Effective: 20 Nov 2018

Previous Hearings

Committee: Discipline
Decision Date: 05 Jan 2018
Summary:

On January 5, 2018, the Discipline Committee found that Dr. Atul Kesarwani committed an act of professional misconduct in 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. Kesarwani is a physician practising medicine in the area of plastic surgery in an Out-of-Hospital premises (OHP) and in a public hospital in Toronto. He received his specialist qualification in plastic surgery in 1987. Dr. Kesarwani was certified as a specialist by the Royal College of Surgeons of Canada in 1988.

Dr. Kesarwani has been the Medical Director of an OHP, Cosmedical Rejuvenation Clinic (“Cosmedical”) since it began operating in Toronto in 2006. Cosmedical provides facial plastic and cosmetic procedures, as well as other cosmetic surgeries.

Out-of-Hospital Premises Inspection Program (OHPIP)

The OHPIP is a College program which is overseen by the College’s Premises Inspection Committee (PIC) and by Program Staff. OHPIP applies to all settings or premises outside a hospital that perform procedures involving the use of anesthesia or sedation.

Pursuant to statutory requirements in April 2010, all CPSO members performing or assisting in procedures in OHPs were required to notify the College. All premises where a member performs or may perform a procedure on a patient are subject to an inspection by the College once every five years after its initial inspection or more often, if, in the opinion of the College, it is necessary and advisable to do so. New premises or relocating premises continue inspected within 180 days of notification.

The Medical Director of an OHP is responsible for providing notification to the College of plans to operate a new OHP or plans to move an existing OHP. The OHPIP relies on self-reporting from Medical Directors and physicians as the only mechanism for initiating inspection-assessment process is notification by a member to the College. PIC must approve the premises following the inspection before any patient procedures can be performed.

Disgraceful, Dishonourable or Unprofessional Conduct

On July 6, 2016, when contacted by the Program Staff of the OHPIP for the purpose of an inspection-assessment visit scheduled as part of the five-year cycle, Dr. Kesarwani confirmed the existing practice address and told Program Staff that he was planning a move in the future. Dr.Kesarwani was advised that any new location must be inspected and assessed, and receive approval from PIC prior to performing any OHP procedures.

On August 5, 2016, Program Staff received Cosmedical’s Pre-visit Questionnaire and Policy and Procedures Manual for the upcoming five-year inspection-assessment indicating the address which was different from the practice address on file with the OHP program. On August 15, 2016, in response to telephone inquiries from Program Staff, Cosmedical contacted the College and confirmed that the OHP had recently relocated to the new location and had stopped performing OHP procedures at the previous location on August 15, 2016.

On August 18, 2016, a Nurse Assessment Coordinator conducted the unannounced inspection directed by PIC. Dr. Kesarwani informed the Nurse Assessment Coordinator that he had moved Cosmedical to its new location at the end of March 2016 and indicated that since the move, he had only been performing non-OHP Botox injections at the new location. However, when asked for his controlled substances records and surgical logs, Dr. Kersaarwani acknowledged and the review of the surgical logs confirmed that he had been providing OHP procedures at the new location since the move.

On August 24, 2016, PIC considered the Unannounced Assessment Report and the premises received a “Fail.” Cosmedical was not permitted to provide OHP procedures until the outstanding deficiencies were addressed and a site inspection was conducted. The following outstanding conditions were set out by PIC:

- The medical director must notify College staff in writing of the new name and address of this premise.
- The Committee requires a copy of current CNO status documentation for all nursing staff. The BLS/ACLS courses must include both a hands-on and theory component.
- The Committee requires staff member’s s current certificate for training in reprocessing and sterilization, valid within the past 5 years. The Committee also requires evidence that a staff member has had manufacturer training for the use of the autoclave.

In addition, on August 24, 2016, PIC referred the file to the College’s Investigation and Resolutions Department for further investigation. When College investigators conducted an unannounced inspection at Cosmedical on October 6, 2016, they were advised by the staff that Cosmedical was not operational and no procedures had been performed since August 24, 2016.

On October 17, 2016, the OHP program conducted further inspection-assessment of the new location, during which the Nurse Assessment Coordinator noted deficiencies.

On December 7, 2016, PIC considered the deficiencies reported by the Nurse Assessment Coordinator and the premises again received a “Fail”. Cosmedical was not permitted to provide OHP procedures until the following outstanding conditions were met:

- A Registered Practical Nurse has a restricted registration and in accordance with the College of Nurses of Ontario (CNO) Standards, she may not circulate independently, but she may function as a scrub nurse. An RPN may not function in a circulating capacity without an RN as a resource, circulating alongside. The Committee requires a written understanding of these restrictions and a revised outline the RPN’s duties and responsibilities at the premises.
- The Committee understands that the premise has an elevator that has a back- up power source in the event of a power failure. However, the Committee requires an evacuation policy that covers all types of emergencies, including fire. In the event that the elevators cannot be accessed, the Committee requires a policy outlining the emergency measures for transporting patients down stairs.
- The Committee requires the centrifuge to be inspected by a biomedical technician and the resulting report is to be provided to the Committee.
- The Committee requires the newly purchased Zoll defibrillator to be inspected by a biomedical technician and the resulting report is to be provided to the Committee. Evidence should be provided that this defibrillator is certified by the CSA or licensed for use in Canada.
- The premises must have a sterilizer that is certified by CSA or licensed for use in Canada and it should hold an active licence. The Committee understands that the premise will be purchasing a new sterilizer that will meet these requirements and should provide the evidence of purchase and valid licensing to the Committee. If the sterilizer is not brand new and/or has been refurbished, it must be inspected by a biomedical technician and the resulting report should be provided to the Committee.

On January 26, 2017, following receipt of information and documentation from Dr. Kesarwani, Cosmedical received a “Pass with Conditions” from PIC that allowed the clinic to resume OHP procedures.

Disposition

The Discipline Committee ordered that:
- the Registrar suspend Dr. Kesarwani’s Certificate of Registration for a three (3) month period, effective January 6, 2018 at 12:01 a.m.
- the Registrar impose the following terms, conditions and limitations on Dr. Kesarwani’s Certificate of Registration:
o Dr. Kesarwani will successfully complete the PROBE course in ethics and professionalism, at his own expense, within 6 months of the date of this Order, or any alternate course in ethics and professionalism approved by the College. Dr. Kesarwani will agree to abide by any recommendations of the PROBE program and provide proof of completion to the College;
o Approval of the College’s Out of Hospital Premises program is required before Dr. Kesarwani resumes the Medical Director role in an Out of Hospital Premises.
- Dr. Kesarwani appear before the panel to be reprimanded.
- Dr. Kesarwani pay to the College its costs of this proceeding in the amount of $5,500 within thirty (30) days from the date of this Order.
 


Decision: Download Full Decision (PDF)
Hearing Date(s): January 5, 2018

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