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Mrozek, Michal Edmund

CPSO#: 25360

MEMBER STATUS
Active Member as of 01 Aug 2019
CPSO REGISTRATION CLASS
Restricted as of 17 Dec 2015
Flag: Indicates a concern or additional information

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: Czech, English, Polish, Slovak

Education:Charles Univ Prague Fac General Medicine, 1966

Practice Information

Primary Location of Practice
103 - 127 Westmore Dr
Rexdale ON  M9V 3Y6
Phone: (416) 749-3933
Fax: (416) 740-3822 Electoral District: 10

Hospital Privileges Flag: indicates a concern or additional information

No Privileges reported.


Hospital Notices

Source:  Hospital
Active Date:  March 7, 2013
Expiry Date:  
Summary:  
On May 10, 2013, William Osler Health System notified the College that Dr. Michal Mrozek's on-call privileges were suspended, effective March 7, 2013.

Specialties

Specialty Issued On Type
Psychiatry Effective: 09 Jun 1980 RCPSC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 27 Nov 1972
Transfer of class of certificate to: Restricted certificate Effective: 17 Dec 2015
Terms and conditions imposed on certificate by Inquiries, Complaints and Repo Effective: 17 Dec 2015
Terms and conditions amended by member Effective: 17 Jan 2016
Terms and conditions amended by Inquiries, Complaints and Repo Effective: 16 May 2016
Terms and conditions amended by Inquiries, Complaints and Repo Effective: 19 Jan 2017
Suspension of registration imposed: Discipline Committee Effective: 01 Feb 2019
Suspension of registration removed Effective: 01 Aug 2019

Practice Restrictions Flag: indicates a concern or additional information

Imposed By Effective Date Expiry Date Status
Inquiries, Complaints and Reports Committee Effective: 19 Jan 2017 Active
 


            As from 12:01 a.m., January 19, 2017, by order of the Inquiries, Complaints and
            Reports Committee of the College of Physicians and Surgeons of Ontario, the
            following terms, conditions and limitations are imposed on the certificate of
            registration held by Dr. Michal Edmund Mrozek:

                  (i)   Dr. Mrozek must continue to practice under the supervision of a
                        clinical supervisor who is acceptable to the College ("Clinical
                        Supervisor"), who has signed an undertaking in the form attached
                        hereto as Appendix "1".  The Clinical Supervisor must work on-site
                        with Dr. Mrozek each week for a sufficient amount of time to allow
                        him to engage in direct observation of at least twenty percent
                        (20%) of all patient appointments/assessments per week, including
                        direct observation of all of Dr. Mrozek's new patients.  The
                        Clinical Supervisor shall meet with Dr. Mrozek weekly and review
                        all of Dr. Mrozek`s charts by the end of each week and approve all
                        of his treatments and proposed treatments.  The Clinical Supervisor
                        will report to the College every four (4) weeks.
                  
                  (ii)  If Dr. Mrozek is unable to obtain a Clinical Supervisor as set out
                        in (i) above, Dr. Mrozek must cease practising medicine immediately
                        until such time as he has obtained a Clinical Supervisor acceptable
                        to the College.

Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 06 Apr 2018
Summary:

On April 6, 2018, the Discipline Committee found that Dr. Michal Edmund Mrozek committed an act of 
professional misconduct, in that:  he has failed to maintain the standard of practice of the profession; and, he 
has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the 
circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.  
 
Dr. Mrozek is a psychiatrist practising in Toronto. He received his certificate of registration authorizing 
independent practice from the College of Physicians and Surgeons of Ontario in November 1972 and was 
certified as a specialist in psychiatry by the Royal College of Physicians and Surgeons of Canada in 1980. At the 
relevant times, Dr. Mrozek maintained an office practice in the community, as well as a practice seeing patients 
at a Hospital. 
 
Failed to Maintain Standard of Practice 
 
Patient A, a woman in her fifties, first saw Dr. Mrozek in 2007 at the Hospital. At that time, as far as Dr. Mrozek 
was aware, she had no prior psychiatric history. Thereafter, Dr. Mrozek saw Patient A as a patient from 2009 to 
2013.  
 
In May 2013, upon receipt of a complaint from a relative of Patient A about the care Dr. Mrozek provided to 
Patient A, the College retained a Medical Inspector to review Dr. Mrozek’s care and treatment of Patient A. The 
Medical Inspector concluded that Dr. Mrozek had fallen below the standard of practice in his care of Patient A in 
the following respects: 
 
-  Dr. Mrozek had failed to recognize or elicit the symptoms of psychosis, particularly hallucinations, delusions 
   and lack of insight into illness by Patient A, and did not attend with adequate care to the opinions of 
   colleagues and information provided by family members; 
-  Dr. Mrozek did not use accepted, standard diagnostic descriptors in his documentation regarding Patient A; 
   and 
-  Dr. Mrozek used sub-therapeutic doses of anti-psychotic medication in a form that was unlikely to be taken 
   and discontinued treatment in an individual who was likely to relapse.   
 
The Committee found that Dr. Mrozek committed an act of professional misconduct, in that he failed to 
maintain the standard of practice of the profession with respect to his care of Patient A. 
 
Disgraceful, Dishonourable or Unprofessional Conduct 
 
Failed to Cooperate with College Investigation 
 
On May 24, 2012, the Registrar of the College appointed investigators to investigate Dr. Mrozek’s practice. Dr. 
Mrozek was notified of the investigation on May 29, 2012. The College retained a Medical Inspector to review a 
number of patient records obtained from the Hospital and, later, to review the care Dr. Mrozek provided to 
Patient A in relation to the complaint made by her relative in May 2013. In the course of the College 
investigation, the investigator attempted to schedule an interview between the Medical Inspector and Dr. 
Mrozek. 
 
Subsection 76(3.1) of the Health Professions Procedural Code states:  “A member shall cooperate fully with an 
investigator.” The Committee found that it was not necessary to issue a summons to Dr. Mrozek to have him 
attend a meeting with the investigator and the Medical Inspector. The Committee found that Dr. Mrozek’s 
statutory duty “to cooperate fully” required him to attend a meeting with the investigator and the Medical 
Inspector, if requested, and respond to questions asked. Subsection 76(1.1) provides that, “An investigator may 
make reasonable inquiries of any person, including the member who is the subject of the investigation, on 
matters relevant to the investigation.” That subsection stands alone without any requirement for a summons. In 
the context of the section 76 as a whole, including, subsection 76(1.1), the duty to co-operate fully in subsection 
76(3.1) must include a duty to respond to the “reasonable inquiries” of an investigator, without having to be 
summonsed.   
 
The Committee found that Dr. Mrozek was willfully non-compliant with the investigator’s requests to schedule 
the interview with the Medical Inspector. Dr. Mrozek did not respond to all correspondence in a timely fashion, 
cancelled scheduled appointments and attempted to impose unreasonable conditions on the interview 
including:  repeatedly objecting to the interview being recorded; insisting that his colleague attend although the 
investigator repeatedly reminded him that, because of issues of confidentiality, no third party, other than legal 
counsel, was permitted to attend the interview; and demanding the investigator not attend the interview. 
Ultimately, Dr. Mrozek only participated in the interview when the investigator and Medical Inspector showed 
up at his office, 20 months after the first request for an interview was made. 
 
The Committee found that Dr. Mrozek’s delay and attempt to frustrate and set parameters on the interview, in 
the face of twelve reminders of his duty to co-operate, constituted a breach of the duty to fully co-operate with 
the investigator. The Committee emphasized that public protection requires members to co-operate fully with 
the College’s investigation, including making efforts to meet with an investigator promptly upon request, so that 
the College can determine on a timely basis whether there are any patient safety concerns. The Committee 
found that Dr. Mrozek failed to cooperate fully with the College investigation was not a mere error of judgment, 
rather, rose to the level of professional misconduct in that he engaged in conduct or an act or omission relevant 
to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by 
members as disgraceful, dishounorable or unprofessional. 
 
Accessing Patients’ Personal Health Records without Consent or Authorization 
 
In March 2012, the Chief of Staff at the Hospital where Dr. Mrozek saw patients appointed a supervisor in 
respect of Dr. Mrozek’s practice. In November 2012, in response to a concern raised by the supervisor that Dr. 
Mrozek was not employing the DSM multi-axial recording formats for his diagnosis, Dr. Mrozek wrote a letter 
describing 11 charts (12 entries) where other psychiatrists also don’t use the multi-axial recording format in the 
DSM.  
 
The Hospital conducted an audit to determine whether or not patient files referred to in Dr. Mrozek’s letter 
were accessed appropriately. According to the audit results, the charts listed in Dr. Mrozek’s letter of November 
2012 were all accessed by someone using Dr. Mrozek’s credentials and there were other charts accessed 
beyond the ones that were listed in Dr. Mrozek’s letter, i.e., a total of 41 patient charts, involving 39 patients 
were accessed.  
 
In response to the request from the Hospital’s General Counsel regarding the potential privacy breach with 
respect to patient records that he accessed, Dr. Mrozek wrote a letter in May 2013, wherein he confirmed that 
he accessed the above patient records for the sole purpose of reviewing the psychiatric diagnosis recording 
formats as employed by his Department of Psychiatry colleagues in their charting. He emphasized in his letter 
that he did not access the patient records for any improper or illicit purpose, but rather did so for solely 
educational and informational reasons, so as to assist him in preparing his response to the supervision report 
regarding his practice. In that letter, Dr. Mrozek also stated that he believes that obtaining prior authorization to 
access those of the records that were outside of his circle of care would have prevented unnecessary concerns. 
 
Based on Dr. Mrozek’s statements in his correspondence of November 2012 and May 2013, the Committee 
found that he accessed records of patients outside his circle of care without obtaining prior consent or 
authorization and that the reason he accessed those records was to assist him in his dispute with the Hospital 
and not for education or research purposes. The Committee noted that although Dr. Mrozek did not access 
patient records for the purpose of investigating personal circumstances of the patients, it does not mean that 
the privacy of the patients was not violated. As a physician, and in particular as a psychiatrist, Dr. Mrozek should 
have appreciated the confidential nature of the documents. The Committee found that Dr. Mrozek engaged in 
conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, 
would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.  
 
Disposition 
 
On December 11, 2018, the Discipline Committee ordered that: 
 
-  The Registrar suspend Dr. Mrozek's certificate of registration for a period of six (6) months, 
   commencing immediately. 
-  The Registrar impose the following terms, conditions and limitations on Dr. Mrozek' s certificate of 
   registration: 
     Education in the Identification and Diagnosis of Psychosis 
  o  Within nine (9) months of the date of this Order, and at his own expense, Dr. Mrozek shall participate in 
     and successfully complete an educational course approved by the College, which includes instruction in 
     identifying and diagnosing psychosis. Dr. Mrozek will provide proof of successful completion within two 
     (2) weeks of completing the course. 
       Clinical Supervision 
  o  Prior to resuming practice following the suspension of his Certificate of Registration described above in 
     paragraph 1, Dr. Mrozek shall retain , at his own expense, a  College-approved clinical supervisor to 
     review Dr. Mrozek's practice, who will sign an undertaking  in the form attached  hereto as 
     Schedule "A"  (the "Clinical Supervisor"); 
  o  For a period of six (6) months commencing on the date Dr. Mrozek resumes practice following the 
     suspension of his Certificate of Registration described above in paragraph 1, Dr. Mrozek may 
     practise only under the terms of the clinical supervision set out herein and in "Schedule "A"; 
  o  Clinical supervision of Dr. Mrozek 's practice shall contain the following elements: 
      ?  meeting with Dr. Mrozek on a monthly basis and reviewing a minimum of 20 (twenty), 
         with charts to be selected at the sole discretion of the Clinical Supervisor; 
      ?  the Clinical  Supervisor will keep a log of all patient charts reviewed along with patient 
         identifiers; and 
      ?  the Clinical  Supervisor will provide reports to the College every two (2) months for the six (6) 
         month period of clinical supervision, or more frequently if the Clinical Supervisor has concerns 
         about Dr. Mrozek's standard of practice or conduct. 
  o  Dr. Mrozek shall abide by the recommendations of the Clinical Supervisor; 
  o  If a Clinical Supervisor who has given an undertaking as set out in Schedule "A" to this Order is 
     unable or unwilling to continue to fulfill its terms, Dr. Mrozek shall, within twenty (20) days of 
     receiving notice of same, obtain an executed undertaking in the same form from a person who is 
     acceptable to the College and ensure that it is delivered to the College within  that time; 
  o  If Dr. Mrozek is unable to obtain a Clinical Supervisor in accordance with this Order, he shall cease 
     to practise  until such time as he has done so; 
  o  Dr. Mrozek shall consent to the disclosure by his Clinical Supervisor to the College, and by the College to 
     his Clinical Supervisor, of all information the Clinical Supervisor or the College deems necessary or 
     desirable in order to fulfill the Clinical Supervisor's undertaking and Dr. Mrozek' s compliance with this 
     Order; 
   Re-Assessment 
   o  Approximately twelve (12) months after the completion of the period of supervision as set out 
      above, Dr. Mrozek shall undergo a re-assessment of his  practice (the  "Assessment") by a College-
      appointed assessor (the "Assessor(s)"). The Assessor(s) shall report the results of the Assessment 
      to the College; 
   o  The Assessment may include chart reviews , direct observation of Dr. Mrozek's care, interviews with 
      colleagues and co-workers, feedback from patients and any other tools deemed necessary by the 
      College. Dr. Mrozek shall abide by all recommendations made by the Assessor(s), and the results of the 
      Assessment will be reported to the College and may form  the basis of further action  by the College; 
   o  Dr. Mrozek shall consent to the disclosure to the Assessor(s) of the reports of the Clinical Supervisor 
      arising from the supervision, and shall consent to the sharing of all information between the 
      Clinical Supervisor, the Assessor(s) and the College, as the College deems necessary or desirable; 
   o  Other 
   o  Dr. Mrozek shall comply with the College's Policy on Practice Management Considerations for 
      Physicians Who Cease to Practise, Take an Extended Leave of Absence or Close Their Practice Due 
      to Relocation in respect of his period of suspension, a copy of which forms Schedule "B" to this 
      Order. 
   o  Dr. Mrozek shall submit to, and not interfere with, unannounced inspections of his practice location(s) 
      and to any other activity the College deems necessary in order to monitor his compliance with the 
      provisions of this Order. 
   o  Dr. Mrozek shall inform the College of each and every location where he practises, in any jurisdiction 
      (his "Practice Location(s)") within five (5) days of the date Dr. Mrozek resumes practice following the 
      suspension of his Certificate of Registration described above in paragraph 1, and shall inform the 
      College of any and all new Practice Locations within five (5) days of commencing practice at that 
      location, until the report of the Assessment has been provided to the College. 
   o  Dr. Mrozek shall consent to the College making appropriate enquiries of the Ontario Health Insurance 
      Plan and/or any person who or institution that may have relevant information, in order for the College 
      to monitor his compliance with this Order. 
   o  Dr. Mrozek shall be responsible for any and all costs associated with implementing the terms of this 
      Order. 
 -     Dr. Mrozek appear before the panel to be reprimanded. 
 -     Dr. Mrozek pay costs to the College in the amount of $26,680 within 30 days of the date of this 
       Order. 
 
On December 19, 2018, Dr. Mrozek requested a variation of the stat date of the suspension. On December 20, 
2018, the Discipline Committee ordered as follows: 
-  The Discipline Committee grants the variance sought and orders that the six-month suspension, instead of 
   “commencing immediately,” shall commence on Friday, February 1, 2019 at 11:59 p.m. 
-  The Discipline Committee orders that the terms of the Interim Order of the Inquiries Complaints and 
   Reports Committee, dated January 17, 2017, shall continue in effect until the commencement of the 
   suspension on February 1, 2019 at 11:59 p.m.


Decision: Download Full Decision (PDF)
Hearing Date(s): Motion: January 3, 2017 Hearing Dates: July 17-19, 2017 Penalty hearing date: August 13, 2018