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Fernandez, Nestor Do Padre

CPSO#: 30845

MEMBER STATUS
Active Member as of 27 Jun 1979
CPSO REGISTRATION CLASS
Restricted as of 07 May 2020

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English, Italian, Portuguese, Spanish

Education:University Of Toronto, 1978

Practice Information

Primary Location of Practice
799 Bloor Street West
Toronto ON  M6G 1L8
Phone: (416) 531-5332
Fax: (416) 531-3463 Electoral District: 10

Specialties

Specialty Issued On Type
Family Medicine Effective:01 Jul 1980 CFPC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 27 Jun 1979
Transfer of class of certificate to: Restricted certificate Effective: 07 May 2020
Terms and conditions imposed on certificate by member Effective: 07 May 2020

Practice Restrictions

Imposed By Effective Date Expiry Date Status
member Effective: 07 May 2020 Active
             As from May 7, 2020, the following are imposed as terms, conditions and
            limitations on the certificate of registration held by Dr. Nestor Do Padre
            Fernandez in accordance with an undertaking and consent given by Dr. Fernandez
            to the College of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                                                of
                  
                              DR. NESTOR DO PADRE FERNANDEZ
                                          ("Dr. Fernandez")
                  
                                                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;
                  
                  "NMS" means the Drug Program Services Branch, the Narcotics Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
            (2)   I, Dr. Fernandez, certificate of registration number 30845, am a member
                  of the College.  
            (3)   I, Dr. Fernandez, acknowledge that following a public complaint, the
                  College conducted an investigation bearing File Number 1105041 (the
                  "Investigation") into my care of a patient in my family practice.

            UNDERTAKING

            (4)   I, Dr. Fernandez, undertake to abide by the provisions of this
                  Undertaking, effective immediately.

            (5)   Clinical Supervision

                  (a)   I, Dr. Fernandez, undertake to practise under the guidance of a
                        clinical supervisor or clinical supervisors acceptable to the
                        College (the "Clinical Supervisor" or "Clinical Supervisors"), for
                        at least three (3) months ("Clinical Supervision"). 
                  
                  (b)   I, Dr. Fernandez, acknowledge that I have reviewed the Clinical
                        Supervisor's undertaking, attached hereto as Appendix "A", and
                        understand what is required of the Clinical Supervisor. The
                        Clinical Supervisor will, at minimum: 
                  
                        (i)   Facilitate the education program set out in the
                              Individualized Education Plan ("IEP"), attached hereto as
                              Appendix "B";
                  
                        (ii)  Review the materials provided by the College and have an
                              initial meeting to discuss the objectives for the Clinical
                              Supervision and practice improvement recommendations;
                  
                        (iii) Meet with me at my Practice Location, or another location
                              approved by the College, monthly for a minimum of three (3)
                              months;
                  
                        (iv)  Review at least fifteen (15) of my patient charts at every
                              meeting;
                  
                        (v)   Discuss any concerns arising from the chart reviews;
                  
                        (vi)  Make recommendations to me for practice improvements and
                              ongoing professional development and inquire into my
                              compliance with the recommendations;
                  
                        (vii) Perform any other duties, such as reviewing other documents
                              or conducting interviews with staff or colleagues, that the
                              Clinical Supervisor deems necessary to my Clinical
                              Supervision; and
                  
                        (viii)Submit a written report to the College at the end of
                              supervision, or more frequently if the Clinical Supervisor
                              has concerns about my standard of practice.
                  
                  (c)   I, Dr. Fernandez, acknowledge that the charts reviewed shall be
                        selected by the Clinical Supervisor based on the educational needs
                        identified in the IEP, attached hereto as Appendix "B", and
                        concerns that may arise during the period of Clinical Supervision.
                  
                  (d)   I, Dr. Fernandez, undertake to cooperate fully with the Clinical
                        Supervision of my practice, conducted under the term of this
                        Undertaking and Appendix "A" to this Undertaking, and to abide by
                        the recommendations of my Clinical Supervisor, including but not
                        limited to, any recommended practice improvements and ongoing
                        professional development.
                  
                  (e)   I, Dr. Fernandez, undertake to ensure that Appendix "A" to this
                        Undertaking is signed and delivered to the College within thirty
                        (30) days of the date I execute this Undertaking.
                  
                  (f)   I, Dr. Fernandez, undertake that if a person who has given an
                        undertaking in Appendix "A" to this Undertaking is unable or
                        unwilling to continue to fulfill its provisions, I shall, within
                        twenty (20) days of receiving notice of same, obtain an executed
                        undertaking in the same form from a similarly qualified person who
                        is acceptable to the College and ensure that it is delivered to the
                        College within that time.
                  
                  (g)   I, Dr. Fernandez, undertake that if I am unable to obtain a
                        Clinical Supervisor on the provisions set out under sections (5)(e)
                        and/or (f) above, I will cease practising medicine until such time
                        as I have obtained a Clinical Supervisor acceptable to the College.  
                  
                  (h)   I, Dr. Fernandez, acknowledge that if I am required to cease
                        practise as a result of section (6)(g) above this will constitute a
                        term, condition or limitation on my certificate of registration and
                        that term, condition or limitation will be included on the public
                        register.
                  
            (6)   Professional Education

                  (a)   I, Dr. Fernandez, undertake to participate in and successfully
                        complete all aspects of the detailed IEP, attached hereto as
                        Appendix "B", including all of the following professional education
                        (the "Professional Education"):
                  
                        (i)   A program or programs satisfactory to the College in: 
                  
                              1.    Medical Record-Keeping Course, University of Toronto:
                                    www.cpd.utoronto.ca/recordkeeping/ 
                  
                        (ii)  Review and reflection of:
                  
                              1.    Electronic Records Handbook, CMPA:
                                    www.cmpa-acpm.ca/en/advice-publications/browse-articles/2014/electronic-records-handbook
                  
                              2.    any additional professional education recommended by my
                                    Clinical Supervisor.
                  
                  (b)   I, Dr. Fernandez, undertake to provide proof to the College of my
                        successful completion of the Professional Education, including
                        proof of registration and attendance and participant assessment
                        reports, within one (1) month of completing it. I acknowledge that
                        the College will determine, in its sole discretion, whether I have
                        successfully completed the Professional Education.
                  
                  (c)   I, Dr. Fernandez, undertake to complete this requirement within six
                        months or, if no satisfactory program is available by that time, by
                        the first possible opportunity thereafter.
                  
                  (d)   I, Dr. Fernandez, acknowledge that a report or reports may be
                        provided to the College regarding my progress and compliance with
                        the Professional Education.
                  
            (7)   Reassessment of Practice

                  (a)   I, Dr. Fernandez, undertake that, approximately six (6) months
                        after the completion of the Clinical Supervision set out in section
                        (5) above and Appendix "A" to this Undertaking, and the completion
                        of the Professional Education set out in section (6) above, I will
                        submit to a reassessment of my practice ("the Reassessment") by an
                        assessor or assessors selected by the College (the "Assessor" or
                        "Assessors").  I acknowledge that the Reassessment may include a
                        chart review of a minimum of fifteen (15) charts, direct
                        observation of my care, interviews with me, colleagues and
                        co-workers, feedback from patients, and any other tools deemed
                        necessary by the College.
                  
                  (b)   I, Dr. Fernandez, undertake to co-operate fully with the
                        Reassessment, conducted under the term of this Undertaking.
                  
                  (c)   I, Dr. Fernandez, acknowledge that my Clinical Supervisor may
                        receive and review the findings of the Assessor, and may discuss
                        with the Assessor any issues or concerns arising from the
                        Reassessment. 
                  
                  (d)   I, Dr. Fernandez, acknowledge that the results of the Reassessment
                        will be provided to me and reported to the College and the
                        Reassessment may form the basis of further action by the College. 
                  
            (8)   Monitoring

                  (a)   I, Dr. Fernandez, 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. Fernandez, undertake that I will submit to, and not
                        interfere with, unannounced inspections of my Practice Locations
                        and patient records by a College representative for the purposes of
                        monitoring my compliance with the provisions of this Undertaking.
                  
                  (c)   I, Dr. Fernandez, give my irrevocable consent to the College to
                        make appropriate enquiries of OHIP, NMS 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. Fernandez, acknowledge that I have executed the OHIP and NMS
                        consent forms, attached hereto as Appendix "C" and Appendix "D",
                        respectively. 
                  
            B.    ACKNOWLEDGEMENT

            (9)   I, Dr. Fernandez, acknowledge that all appendices attached to or referred
                  to in this Undertaking form part of this Undertaking.

            (10)  I, Dr. Fernandez, 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. Fernandez, 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. Fernandez, 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. Fernandez, 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 of the College.

            (14)  I, Dr. Fernandez, 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. Fernandez, acknowledge that, during the time period that
                        this Undertaking remains in effect, this Undertaking shall be
                        posted on the Public Register.
                  
                  (b)   I, Dr. Fernandez, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (16)(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. Fernandez's care of a patient in his
                              family practice. As a result of the investigation:
                  
                                    Dr. Fernandez will practise under the guidance of a
                                    Clinical Supervisor acceptable to the College for three
                                    (3) months. 
                  
                                    Dr. Fernandez will engage in professional education in
                                    medical record-keeping.
                  
                                    Dr. Fernandez's practice will be reassessed by an
                                    assessor selected by the College within six (6) months
                                    of the end of the period of Clinical Supervision.
                  
                  (c)   I, Dr. Fernandez, acknowledge that this Undertaking remains in
                        effect until the College determines its terms are satisfied.
                  
                  
            C.    CONSENT

            (16)  I, Dr. Fernandez, give my irrevocable consent to the College to provide
                  the following information to any person who requires this information for
                  the purposes of facilitating my completion of the Professional Education
                  and to all Clinical Supervisors, and/or Assessors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and
                  
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (17)  I, Dr. Fernandez, 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.

            (18)  I, Dr. Fernandez, give my irrevocable consent to any persons who
                  facilitate my completion of the Professional Education, and to all
                  Clinical Supervisors, Chiefs of Staff and Assessors, to disclose to the
                  College, and to one another, any of the following:

                  (a)   any information relevant to this Undertaking;
                  
                  (b)   any information relevant to the provisions of the Clinical
                        Supervisor's undertaking set out at Appendix "A" to this
                        Undertaking;
                  
                  (c)   any information relevant to the Reassessment;
                  
                  (d)   any information relevant for the purposes of monitoring my
                        compliance with this Undertaking; and/or
                  
                  (e)   any information which comes to their attention in the course of
                        providing the Professional Education and which they reasonably
                        believe indicates a potential risk of harm to my patients.

Concerns

Source: Member
Active Date: May 7, 2020
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Nestor Do Padre Fernandez to the College of Physicians and Surgeons of Ontario, effective May 7, 2020:

Following a public complaint, a College investigation was conducted into Dr. Fernandez’s care of a patient in his family practice. As a result of the investigation:

Dr. Fernandez will practise under the guidance of a Clinical Supervisor acceptable to the College for three (3) months.

Dr. Fernandez will engage in professional education in medical record-keeping.

Dr. Fernandez’s practice will be reassessed by an assessor selected by the College within six (6) months of the end of the period of Clinical Supervision.

 

Source: Compliance and Monitoring Department
Active Date: May 4, 2016
Expiry Date:
Summary:
Effective November 20, 2019, Dr. Fernandez has completed all elements of this SCERP.

Caution-in-Person and Specified Continuing Education and Remediation Program

A summary of a decision of the Inquiries, Complaints and Reports Committee (“ICRC”) in which the disposition includes a "caution-in-person" or a Specified Continuing Education and Remediation Program (“SCERP”) is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of ICRC. A SCERP is one of the dispositions that the College’s ICRC may make in connection with a matter before it, and this disposition requires the member to complete an education and remediation program specified for the member. A note will also be posted when all the elements of the SCERP have been completed.

Summaries will be removed from the register if the decision is overturned on appeal or review. This posting requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a Caution-in-Person and a SCERP:
Download Full Document (PDF)