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Saul, David Gary

CPSO#: 28402

Expired: Resigned from membership as of 10 Jun 2015
None as of 08 Dec 2011


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Former Name: Salve, David Gary (used until: 07 Aug 1984 )

Gender: Male

Languages Spoken: English

Education: University of Toronto, 1975

Practice Information

Primary Location of Practice
Practice Address Not Available


Specialty Issued On Type
No Speciality Reported

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1975
Transfer of class of registration to: Independent Practice Certificate Effective: 30 Jun 1976
Transfer of class of certificate to: Restricted certificate Effective: 08 Dec 2011
Terms and conditions imposed on certificate Effective: 08 Dec 2011
Terms and conditions amended by Discipline Committee Effective: 22 Sep 2014
Suspension of registration imposed: Discipline Committee Effective: 01 Nov 2014
Suspension of registration removed Effective: 01 Jan 2015
Expired: Resigned from membership. Expiry: 10 Jun 2015

Previous Hearings

Committee: Discipline
Decision Date: 22 Sep 2014

On September 22, 2014, the Discipline Committee found that Dr. Saul committed an act of professional misconduct in that he has engaged in 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. Saul admitted to the allegation.

On December 8, 2011, Dr. Saul entered into an undertaking with the College as a result of information obtained by the College in the course of an investigation into Dr. Saul's standard of practice. Between December 8, 2011 and December 31, 2011, Dr. Saul breached the Undertaking by providing forty three medical declarations relating to Health Canada medical marihuana authorizations for his patients. Between January 4 to 6, 2012, Dr. Saul submitted seven further Medical Authorization Declarations for patients.

Dr. Saul stated that, at the time of signing the Undertaking with the College, he did not fully focus on the fact that, according to its terms, the Undertaking took effect upon execution on December 8, 2011. Dr. Saul acknowledges that he was represented by experienced legal counsel throughout the negotiation of the Undertaking.

Dr. Saul acknowledged that he did not, at any time, consult with the College about his obligations pursuant to the Undertaking before continuing to submit Medical Declarations in December 2011 and January 2012 while the Undertaking was in force. Dr. Saul admitted that he breached the terms of his Undertaking by continuing to sign and submit Medical Declarations.

Pursuant to his Undertaking, Dr. Saul was required to post a clearly visible sign in the waiting rooms of all of his practice locations notifying patients of his prescribing restrictions. In May 2012, a College investigator noted there was no sign posted. Dr. Saul acknowledged that he did not, at any time, consult with the College as to how he should comply with the Undertaking in light of the fact that his new office did not have a waiting room. Dr. Saul acknowledged that he breached his Undertaking by failing to post a sign advising of his prescribing restrictions.

In the course of issuing Medical Declarations relating to Health Canada medical marihuana authorizations, Dr. Saul admitted that he dated some of these Medical Declarations as of December 31, 2011, when he had actually seen the relevant patients and completed these Medical Declarations earlier that month. Dr. Saul's stated reason for post-dating these Medical Declarations was to maximize the timeframe for which the marihuana authorizations obtained by his patients would be valid after December 31, 2011. Dr. Saul admitted that he issued Medical Declarations that were inaccurate and misleading in this respect.

The Committee ordered and directed that:
the Registrar suspend Dr. Saul's certificate of registration for a period of two (2) months, commencing 12:00 a.m. on November 1, 2014.
the Registrar impose the following terms, conditions and limitations on Dr. Saul's certificate of registration:
a) Dr. Saul shall, at his own expense, participate in and successfully complete an educational program satisfactory to the College in Ethics, with a report or reports to be provided to the College regarding Dr. Saul's progress and compliance. Dr. Saul shall complete this requirement by April 1, 2015 or, if no satisfactory program is available by that time, by the first possible opportunity thereafter;

b) Effective immediately, Dr. Saul shall be prohibited from all practice in relation to Cannabis, as defined by Schedule II to the Controlled Drugs and Substances Act (S.C. 1996, c. 19) ("Cannabis"), including, without in any way limiting the generality of this restriction,
i. The prescription, dispensing or administration of Cannabis;

ii. Signing medical documents pursuant to the Marihuana for Medical Purposes Regulations, SOR/2013-119 or any equivalent documents pursuant to such statutes and/or regulations as may come into force at a
future time (collectively, "Marihuana Documents"), or participating in any way in the preparation, issuance or support of Marihuana Documents; or

iii. The counselling, assessment or treatment of patients in relation to

c) Dr. Saul shall inform the College of each and every location where he practices including, but not limited to hospitals, clinics, and offices, in any jurisdiction (collectively, his "Practice Location(s)"), within fifteen (15) days of this Order, and shall inform the College of any and all new Practice Locations within 15 days of commencing practice at that location;

d) For an indefinite period of time, Dr. Saul shall submit to, and not interfere with, unannounced inspections of his Practice Location(s) and patient records by a College representative for the purposes of monitoring his compliance with this Order; and

e) Dr. Saul shall consent to the monitoring of his OHIP billings and cooperate with inspections of his practice and patient charts by College representatives for the purpose of monitoring and enforcing his compliance with the terms of this Order.

Dr. Saul appear before the panel to be reprimanded.
Dr. Saul pay costs to the College in the amount of $4,460.00, within thirty (30) days of the date of this Order.

Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): September 22, 2014