DISCIPLINE SUMMARIES
completion of a physician practice management
course; clinical supervision with respect to effective
office administration for a period of 12 months; and
reassessment within six months of completing the
clinical supervision.
For complete details, please see the full decision at
www.cpso.on.ca. Select Find a Doctor and enter the
doctor’s name.
APPEAL
Dr. Otto appealed the penalty to the Divisional Court.
On January 28, 2019, the Divisional Court ordered
that Dr. Otto’s appeal be dismissed.
DR. HARVEY STEPHEN PASTERNAK
PRACTICE LOCATION: Toronto
AREA OF PRACTICE: General Practice
HEARING INFORMATION: Admission; Agreed State-
ment of Facts; Joint Submission on Penalty
On July 25, 2018, the Discipline Committee found
that Dr. Pasternak has committed an act of profes-
sional misconduct, in that he failed to maintain the
standard of practice of the profession.
The Committee found that Dr. Pasternak failed to
maintain the standard of practice of the profession in
his care of Patient A, including by prescribing large
doses of opioid and benzodiazepine medication with
escalating doses in the absence of a physical examina-
tion, failing to reassess the patient to determine the
effectiveness of the dose increases, failing to assess the
reasons for repeated early prescription refills, and fail-
ing to maintain adequate medical records in respect
of the patient.
After the College’s expert assessed Dr. Pasternak’s
care of Patient A, the College conducted a broader
investigation into Dr. Pasternak’s practice. The Col-
lege’s expert reviewed 15 of Dr. Pasternak’s patient
charts, and noted the following failures to meet the
standard of practice:
a) Failing to document rationale for prescribing;
b) Failing to assess reasons for repeated early pre-
scription refills and to assess the possibility of
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DIALOGUE ISSUE 1, 2019
diversion, overuse or misuse;
c) Failing to assess or reassess patients for potential
adverse risks associated with big doses of opioids
and benzodiazepines;
d) Providing large doses of opioids in the absence
of physical assessments; and
e) Failing to maintain adequate medical records.
Undertaking
On May 25, 2017, Dr. Pasternak voluntarily entered
into an Undertaking, pending the disposition of this
matter by the Discipline Committee. Dr. Pasternak
undertook to practise under the guidance of a Clini-
cal Supervisor, who reviews the charts for patients to
whom Dr. Pasternak prescribes narcotics or con-
trolled substances and makes regular reports to the
College.
ORDER
The Committee ordered: a reprimand; terms, condi-
tions and limitations on Dr. Pasternak’s certificate of
registration, including 12 months of clinical supervi-
sion of his narcotics prescribing and a reassessment
of Dr. Pasternak’s practice. The Committee also
ordered hearing costs to the College in the amount of
$10,180.
For complete details, please see the full decision at
www.cpso.on.ca. Select Find a Doctor and enter the
doctor’s name.
At the conclusion of the hearing, Dr. Pasternak waived
his right to an appeal and the Committee administered
the public reprimand.