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Himal, Harry Sander

CPSO#: 31420

MEMBER STATUS
Active Member as of 21 Dec 2020
CPSO REGISTRATION CLASS
Restricted as of 01 Sep 2016

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Ottawa, 1963

Practice Information

Primary Location of Practice
Rudd Clinic
Room 400
123 Edward Street
Toronto ON  M5G 1E2
Phone: (416) 597-0997 Electoral District: 10

Specialties

Specialty Issued On Type
General Surgery Effective:20 Nov 1969 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 21 Apr 1980
Transfer of class of certificate to: Restricted certificate Effective: 01 Sep 2016
Terms and conditions imposed on certificate by Discipline Committee Effective: 01 Sep 2016
Terms and conditions amended by member Effective: 21 Dec 2020

Practice Restrictions

Imposed By Effective Date Expiry Date Status
member Effective: 21 Dec 2020 Active
 (2 of 2)

As from December 21, 2020, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Harry Sander Himal in accordance with an undertaking and consent given by Dr. Himal to the College of Physicians and Surgeons of Ontario:

UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
("Undertaking")

of

DR. HARRY SANDER HIMAL
("Dr. Himal")

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; 

 "OHIP" means the Ontario Health Insurance Plan;

"Public Register" means the College's register that is available to the public.

(2)	I, Dr. Himal, certificate of registration number 31420, am a member of the College.  

(3)	I, Dr. Himal, acknowledge that following a public complaint, the College conducted an investigation bearing File Number 1113629 (the "Investigation") into my care of a patient in my general surgery practice.

B.	UNDERTAKING

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

(5)	Clinical Supervision 

(a)	I, Dr. Himal, undertake to practise under the guidance of a clinical supervisor or clinical supervisors acceptable to the College (the "Clinical Supervisor" or "Clinical Supervisors"), for three (3) months ("Clinical Supervision"). 

(b)	I, Dr. Himal, 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, once every month;

(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 Clinical Supervision, or more frequently if the Clinical Supervisor has concerns about my standard of practice.

(c)	I, Dr. Himal, 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. Himal, 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. Himal, 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. Himal, 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. Himal, 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. Himal, acknowledge that if I am required to cease practise as a result of section (5)(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. Himal, 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)	Medical Record Keeping Workshop, University of Toronto;

(ii)	CMPA's Documentation: Principles of Medical Record Keeping e-Learning Module; 

(iii)	Review, reflection and discussion with my Clinical Supervisor of CPSO's Medical Records Documentation policy; and    
        
(iv)	any additional professional education recommended by my Clinical Supervisor.

(b)	I, Dr. Himal, 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. Himal, undertake to complete this requirement within three (3) months or, if no satisfactory program is available by that time, at the first possible opportunity thereafter.

(d)	I, Dr. Himal, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.

(e)	I, Dr. Himal, acknowledge that if any of the programs listed above become unavailable, substitution requests will be reviewed by the College and the College will determine in its sole discretion whether substitution is appropriate.

(7)	Reassessment of Practice

(a)	I, Dr. Himal, 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. Himal, undertake to co-operate fully with the Reassessment, conducted under the term of this Undertaking. 

(c)	I, Dr. Himal, 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. Himal, 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. Himal, 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. Himal, 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. Himal, 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. Himal, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix "C". 

C.	ACKNOWLEDGEMENT

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

(10)	I, Dr. Himal, 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. Himal, 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. Himal, 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. Himal, 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. Himal, 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. Himal, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.

(b)	I, Dr. Himal, 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. Himal's care of a patient in his general surgery practice. As a result of the investigation:

Dr. Himal will practise under the guidance of a Clinical Supervisor acceptable to the College for 3 months. 

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

Dr. Himal's practice will be reassessed by an assessor selected by the College within 6 months of the end of the period of Clinical Supervision.

(c)	I, Dr. Himal, acknowledge that this Undertaking remains in effect until the College determines its terms are satisfied.

D.	CONSENT

(16)	I, Dr. Himal, 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. Himal, 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. Himal, 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.

(1 of 2)

            As from September 1, 2016, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Harry Sander Himal,
            in accordance with an undertaking and consent given by Dr. Himal to the College
            of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. HARRY SANDER HIMAL
                                          ("Dr. Himal")
                  
                                                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; 
                  
                  "Discipline Committee" means the Discipline Committee of the College;
                  
                  "OHIP" means the Ontario Health Insurance Plan.
                  
            (2)   I, Dr. Himal, certificate of registration number 31420, am a member of
                  the College.  The College has received information regarding my standard
                  of practice.

            (3)   I, Dr. Himal, acknowledge that I was subject to a Specified Continuing
                  Education and Remediation Program, dated January 2011 (SCERP).  Based on
                  the assessment conducted pursuant to the SCERP, my colonoscopy practice
                  was observed by a College assessor. I acknowledge that this Undertaking
                  is the result of that observation. 

            B.    UNDERTAKING

            (4)   I, Dr. Himal, understand and agree that I am bound by this Undertaking
                  from the date on which I sign it.

            (5)   Practice Restrictions

                  (a)   I, Dr. Himal, undertake that, effective September 1, 2016, I will
                        cease to perform and/or engage in colonoscopies and flexible
                        sigmoidoscopies.
                  
            (6)   Posting a Sign 

                  (a)   I, Dr. Himal, undertake that, effective immediately, I shall post a
                        sign in the waiting room(s) of all my Practice Locations, in a
                        clearly visible and secure location, in the form set out at
                        Appendix "A."  For further clarity, this sign shall state as
                        follows: "Effective September 1, 2016, Dr. Himal will not perform
                        and/or engage in any colonoscopies and flexible sigmoidoscopies.
                        Further information may be found on the College of Physicians and
                        Surgeons of Ontario website at www.cpso.on.ca".
                  
                  (b)   I, Dr. Himal, undertake to post a certified translation(s) in any
                        language(s) in which I provide services, of the sign described in
                        section (6)(a) in the waiting room(s) of all my Practice Locations,
                        in a clearly visible and secure location, in the form set out at
                        Appendix "A." 
                  
                  (c)   I, Dr. Himal, undertake to provide the certified translation(s)
                        described in section (6)(b), to the College within thirty (30) days
                        of executing this Undertaking.
                  
                  (d)   I, Dr. Himal, undertake that if I elect, after the execution of
                        this Undertaking, to provide services in any other language(s), I
                        will notify the College prior to providing any such services. 
                  
                  (e)   I, Dr. Himal, undertake to provide to the College the certified
                        translation(s) described in section (6)(b) prior to beginning to
                        provide services in the language(s) described in section (6)(d).
                  
            (7)   Monitoring 

                  (a)   I, Dr. Himal, undertake to inform the College of each and every
                        location where I practise or have privileges, including, but not
                        limited to, hospital(s), clinic(s) and office(s), in any
                        jurisdiction (collectively my "Practice Location(s)"), within
                        fifteen (15) days of executing this Undertaking.  Going forward, I
                        further undertake to inform the College of any and all new Practice
                        Locations within fifteen (15) days of commencing practice at that
                        location.
                  
                  (b)   I, Dr. Himal, undertake and agree 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. Himal, 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. Himal, acknowledge that I have executed the OHIP consent
                        form, attached hereto as Appendix "B".
                  
            (8)   I, Dr. Himal, undertake to comply with the provisions of this Undertaking
                  and 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.

            C.    ACKNOWLEDGEMENT

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

            (10)  I, Dr. Himal, acknowledge 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. Himal, acknowledge and confirm 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. Himal, acknowledge that this entire Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code. I understand that this Undertaking
                  shall be information on the College's Register that is available to the
                  public during the time period that the Undertaking remains in effect.

            (13)  I, Dr. Himal, acknowledge that the following summary will appear on the
                  College's Register that is available to the public during the time period
                  that this Undertaking remains in effect:

                        Dr. Himal was the subject of Specified Continuing Education
                        Program.  As a result of an assessment conducted under that
                        Program, Dr. Himal has agreed not to perform and/or engage in any
                        colonoscopies and flexible sigmoidoscopies.
                  
                        Dr. Himal shall post a clearly visible sign in the waiting rooms of
                        all his Practice Locations, which states as follows: "Effective
                        September 1, 2016, Dr. Himal will not perform and/or engage in any
                        colonoscopies and flexible sigmoidoscopies.  Further information
                        may be found on the College of Physicians and Surgeons of Ontario
                        website at www.cpso.on.ca".
                  
            D.    CONSENT

            (14)  I, Dr. Himal, give my irrevocable consent to the College to provide this
                  Undertaking to any Chief of Staff, or a colleague with similar
                  responsibilities, at any Practice Location ("Chief(s) of Staff"), and to
                  provide said Chief(s) 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.




Concerns

Source: Member
Active Date: December 21, 2020
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Harry Sander Himal to the College of Physicians and Surgeons of Ontario effective December 21, 2020:

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

Dr. Himal will practise under the guidance of a Clinical Supervisor acceptable to the College for 3 months.

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

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

 

Source: Compliance and Monitoring Department
Active Date: September 16, 2016
Expiry Date:
Summary:
Caution-in-Person:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" 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 the Committee. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this 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.
Download Full Document (PDF)

 

Source: Member
Active Date: September 1, 2016
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Harry Sander Himal to the College of Physicians and Surgeons of Ontario effective September 1, 2016:

Dr. Himal was the subject of Specified Continuing Education Program. As a result of an assessment conducted under that Program, Dr. Himal has agreed not to perform and/or engage in any colonoscopies and flexible sigmoidoscopies.

Dr. Himal shall post a clearly visible sign in the waiting rooms of all his Practice Locations, which states as follows: “Effective September 1, 2016, Dr. Himal will not perform and/or engage in any colonoscopies and flexible sigmoidoscopies. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca”.