As from July 26, 2019, the following terms, conditions and limitations are
imposed on the certificate of registration held by Dr. David Jang Barrett, in
accordance with an undertaking and consent Dr. Barrett has given to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. DAVID JANG BARRETT
("Dr. Barrett")
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;
"NMS" means the Drug Program Services Branch, 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. Barrett, certificate of registration number 80252, am a member of
the College.
(3) I, Dr. Barrett, acknowledge that following a report that raised concerns
about my standard of practice in prescribing narcotics and controlled
substances the College conducted an investigation bearing File Number
1102376 (the "Investigation").
B. UNDERTAKING
(4) I, Dr. Barrett, undertake to abide by the provisions of this Undertaking,
effective immediately.
(5) Resignation of Prescribing Privileges
(a) I, Dr. Barrett, acknowledge that I have executed the Prescribing
Resignation Letter to Health Canada, which is attached hereto as
Schedule "A" (the "Resignation Letter").
(b) I, Dr. Barrett, consent to the College sending the Resignation
Letter to Health Canada on my behalf.
(c) I, Dr. Barrett, undertake that I will not issue new prescriptions
or renew existing prescriptions for or administer any of the
following substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations made
under the Controlled Drugs and Substances Act, S.C., 1996, c.
19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations
made under the Controlled Drugs and Substances Act, S.C.,
1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug
Regulations under the Food and Drugs Act, S.C., 1985, c.
F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances Regulations
made under the Controlled Drugs and Substances Act., S.C.,
1996, c. 19);
(A summary of the above-named drugs [from Appendix I to the
Compendium of Pharmaceuticals and Specialties] is attached hereto
as Schedule "B"; and links to the current regulatory lists are
attached hereto as Schedule "C")
(v) Monitored Drugs (as defined under the Narcotics Safety and
Awareness Act, 2010, S.O. 2010, c. 22, with a link to the
current regulatory list attached hereto as Schedule "D");
and as amended from time to time.
(d) I, Dr. Barrett, undertake to immediately refer all patients to whom
I am prescribing any of the substances described in section (c),
above, to other physicians for assessment and care.
(e) I, Dr. Barrett, undertake to keep a log of all patients referred to
other physicians pursuant to section (d), above (the "Log"). I, Dr.
Barrett, undertake to include in the Log the name of each patient
referred, the name of the physician referred to, and the date of
referral.
(6) I, Dr. Barrett, undertake that I will return any supplies of the
substances referred to in section (5)(c) above that are presently in my
possession, in any place, to a pharmacy in a safe and secure manner, as
stipulated in the College's Policy Number 8-12, "Prescribing Drugs."
(7) I, Dr. Barrett, undertake to inform the College of each and every
location that 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.
(8) Posting a Sign
(a) I, Dr. Barrett, undertake that I shall post a sign in all waiting
rooms and in each examination and consulting room, in all my
Practice Locations, in a clearly visible and secure location, in
the form set out at Schedule "E." For further clarity, this sign
shall state as follows:
IMPORTANT NOTICE
Dr. Barrett must not prescribe or administer any of the
following:
- Narcotic Drugs
- Narcotic Preparations
- Controlled Drugs
- Benzodiazepines and Other Targeted Substances
- Monitored Drugs
Further information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca
(b) I, Dr. Barrett, undertake to post a certified translation in any
language in which I provide services, of the sign described in
section (8)(a) above, in all waiting rooms and in each examination
and consulting room, in all my Practice Locations, in a clearly
visible and secure location, in the form set out at Schedule "E."
(c) I, Dr. Barrett, undertake to provide the certified translation
described in section (8)(b), to the College within thirty (30) days
of executing this Undertaking.
(d) I, Dr. Barrett, undertake that if I elect, after the execution of
this Undertaking, to provide services in any other language, I will
notify the College prior to providing any such services.
(e) I, Dr. Barrett, undertake to provide to the College the certified
translation described in section (8)(c) prior to beginning to
provide services in any language described in section (8)(d).
C. ACKNOWLEDGEMENT
(9) I, Dr. Barrett, acknowledge that all schedules attached to or referred to
in this Undertaking form part of this Undertaking.
(10) I, Dr. Barrett, 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. Barrett, 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. Barrett, 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. Barrett, 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. Barrett, 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. Barrett, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Barrett, 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:
A College investigation was conducted into Dr. Barrett's prescribing of
narcotics and controlled substances. As a result of the investigation:
Dr. Barrett must not issue new prescriptions or renew existing
prescriptions for or administer any of the following substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations made under
the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations made
under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug Regulations
under the Food and Drugs Act, S.C., 1985, c. F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances Regulations made
under the Controlled Drugs and Substances Act., S.C., 1996, c. 19);
(v) Monitored Drugs (as defined under the Narcotics Safety and
Awareness Act, 2010, S.O. 2010, c. 22);
and as amended from time to time.
Dr. Barrett must post a clearly visible sign in the waiting rooms and
each examination and consulting room, in all Practice Locations, which
states as follows:
IMPORTANT NOTICE
Dr. Barrett must not prescribe or administer any of the following:
- Narcotic Drugs
- Narcotic Preparations
- Controlled Drugs
- Benzodiazepines and Other Targeted Substances
- Monitored Drugs
Further information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca
D. CONSENT
(16) I, Dr. Barrett, undertake that I will submit to, and not interfere with,
unannounced inspections of my Practice Locations and patient charts by
the College and to any other activity the College deems necessary in
order to monitor my compliance with the provisions of this Undertaking.
(17) I, Dr. Barrett, give my irrevocable consent to the College to make
appropriate enquiries of OHIP, NMS, and 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.
(18) I, Dr. Barrett, acknowledge that I have executed the OHIP and NMS consent
forms, attached hereto as Schedule "F" and Schedule "G", respectively.
(19) I, Dr. Barrett, 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 any information
arising from the monitoring of my compliance with this Undertaking.