discipline summaries
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 and 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 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.
Reasons for Penalty
Counsel for the College and counsel for the member
made a joint submission as to an appropriate penalty and costs order. The proposed order included
a suspension, restrictions (terms, conditions and
limitations) on Dr. Saul’s certificate of registration,
a reprimand and education in professional ethics. In
addition, Dr. Saul will pay costs to the College.
The Committee reviewed the submissions of the
parties and their proposed penalty order in detail and
accepted the penalty as an appropriate sanction in
the matter. In coming to this conclusion, the Committee had regard for the applicable law, relevant
penalty principles, the nature and extent of the misconduct, aggravating and/or mitigating factors and
the case law submitted jointly by the parties. Each is
addressed in the following discussion.
Dr. Saul signed the undertaking following a College investigation into his maintenance of the standard of practice of the profession. The undertaking is
clear and unambiguous, stating, that Dr. Saul will no
longer provide Medical Declarations to Health Canada relating to medical marihuana authorizations.
Further, in the preamble to the undertaking, Dr. Saul
agreed that he was bound by the terms of the undertaking from the date on which it was signed. His
obligation was clear. His duty was to immediately
76
stop providing medical marihuana authorizations to
Health Canada.
It is also clear and unambiguous that Dr. Saul had
an obligation to post signage informing his patients
that he had relinquished prescribing privileges with
respect to certain drugs. The wording of such a sign
is spelled out: “Dr. Saul has relinquished his prescribing privileges with respect to Narcotic Drugs,
Narcotic Preparations, Controlled Drugs, Benzodiazepines and/or Other Targeted Substances”. The
fact that his patients used a common waiting room
or that he lacked a private waiting room in no way
diminishes his obligation. The clear intent of the undertaking is to inform patients that he no longer had
prescribing privileges. His obligation was to immedi ][ H