As from June 17, 2021, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Samuel Silverberg in accordance with an undertaking and consent given by Dr. Silverberg to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. SAMUEL SILVERBERG
("Dr. Silverberg")
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;
"ICR Committee" means the Inquiries, Complaints and Reports Committee of the College;
"Discipline Committee" means the Discipline Committee of the College;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the public.
(2) I, Dr. Silverberg, certificate of registration number 25435, am a member of the College.
(3) I, Dr. Silverberg, acknowledge that following a public complaint, the College conducted an investigation bearing File Number 1115058 (the "Investigation") into my care of a patient in my internal medicine practice, including with regards to my infection prevention and control.
(4) I, Dr. Silverberg, acknowledge that I previously entered into an undertaking in lieu of the ICR Committee making an Order under section 25.4 dated May 3, 2021. This Undertaking replaces the May 3, 2021 undertaking and I acknowledge that, after the College receives an original copy of this Undertaking as signed by me, no further action will be taken on the Investigation.
B. UNDERTAKING
(5) I, Dr. Silverberg, undertake to abide by the provisions of this Undertaking, effective immediately.
(6) Practice Restrictions
(a) I, Dr. Silverberg, undertake that I will engage in no more than four (4) in-person patient encounters per day, unless and until the College has determined that the results of the re-inspection of my practice in paragraph (7) below are satisfactory and has approved that I may see more patients in-person.
(7) Re-Inspection
(a) I, Dr. Silverberg, undertake and agree that I will submit to an immediate Re-Inspection of my practice in order to ensure my compliance with appropriate infection prevention and control practices.
(b) I, Dr. Silverberg, undertake to co-operate fully with the Re-Inspection, conducted under the terms of this Undertaking.
(c) I, Dr. Silverberg, acknowledge that the results of the Re-Inspection will be provided to me and reported to the College, and that the Re-Inspection may form the basis of further action by the College.
(8) Monitoring
(a) I, Dr. Silverberg, undertake to inform the College of each and every location at which I practise or have privileges, including, but not limited to, any hospitals, clinics, offices, and any Independent Health Facilities with which I am affiliated, in any jurisdiction (collectively my "Practice Location" or "Practice Locations"), 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.
(b) I, Dr. Silverberg, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient charts by a College representative for the purposes of monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Silverberg, give my irrevocable consent to the College to make appropriate enquiries of OHIP, 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.
(d) I, Dr. Silverberg, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix "A".
C. ACKNOWLEDGEMENT
(9) I, Dr. Silverberg, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Silverberg, 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.
(11) I, Dr. Silverberg, acknowledge that I have read and understand the provisions of this Undertaking and that I have obtained independent legal counsel in reviewing and executing this Undertaking, or have waived my right to do so.
(12) I, Dr. Silverberg, acknowledge that the College will provide this Undertaking to any Chief of Staff, or a colleague with similar responsibilities, at any Practice Location ("Chief of Staff" or "Chiefs of Staff").
(13) I, Dr. Silverberg, 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.
(14) I, Dr. Silverberg, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(15) Public Register
(a) I, Dr. Silverberg, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Silverberg, acknowledge that, in addition to this Undertaking being posted in accordance with section (15)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Following a public complaint, a College investigation was conducted into Dr. Silverberg's internal medicine practice, and in particular, his infection prevention and control. As a result:
Dr. Silverberg will not engage in more than four (4) in-person patient encounters per day and will submit to an immediate re-inspection of his infection prevention and control practices.
D. CONSENT
(16) I, Dr. Silverberg, give my irrevocable consent to the College to provide all Chiefs 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.