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Noza, Assefa Fersha

CPSO#: 73450

MEMBER STATUS
Active Member as of 24 Sep 2020
CURRENT OR PAST CPSO REGISTRATION CLASS
Restricted as of 30 Apr 2018

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: Amharic, English, Ethiopian

Education: McMaster University, 1999

Practice Information

Primary Location of Practice
Suite 304
245 Dixon Road
Etobicoke ON  M9P 2M4
Phone: (647) 775-8281 Ext. 0
Fax: 416-247-0402 Electoral District: 10

Professional Corporation Information


Corporation Name: Dr. Assefa Noza Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Sep 18 2020

Shareholders:
Dr. A. Noza ( CPSO# 73450 )

Business Address:
Suite 304
245 Dixon Road
Etobicoke ON  M9P 2M4
Phone Number: (647) 775-8281

Hospital Privileges

Hospital Location
Humber River Hospital Toronto

Specialties

Specialty Issued On Type
Family Medicine Effective:05 Dec 2001 CFPC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.



McMaster University, 01 Jul 1999 to 30 Jun 2000
PostGrad Yr 1 - Family Medicine

McMaster University, 01 Jul 2000 to 30 Jun 2001
PostGrad Yr 2 - Family Medicine

McMaster University, 01 Jul 2001 to 30 Sep 2001
PostGrad Yr 2 - Family Medicine

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1999
Expired: Terms and conditions of certificate of registration Expiry: 30 Sep 2001
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 06 Dec 2001
Transfer of class of certificate to: Restricted certificate Effective: 30 Apr 2018
Terms and conditions imposed on certificate by member Effective: 30 Apr 2018
Terms and conditions amended by member Effective: 27 Mar 2019
Terms and conditions amended by member Effective: 27 Mar 2019
Suspension of registration imposed: member Effective: 27 Mar 2019
Suspension of registration removed Effective: 27 Jun 2019
Terms and conditions amended by member Effective: 24 Sep 2020

Practice Restrictions

Imposed By Effective Date Expiry Date Status
member Effective: 24 Sep 2020 Active
 As from March 27, 2019, the following is imposed as terms, conditions and limitations on the certificate of registration held by Dr. Assefa Fersha Noza,
in accordance with an undertaking and consent given by Dr. Noza to the College of Physicians and Surgeons of Ontario:

UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                 of
                  
DR. ASSEFA FERSHA NOZA 
 ("Dr. Noza")
                  
                     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;
                 
"ICR Committee" means Inquiries, Complaints and Reports Committee of the
                  College;
                  
"OHIP" means the Ontario Health Insurance Plan;
                  
"Public Register" means the College's register that is available to the
                  public. 

(2)   I, Dr. Noza, certificate of registration number 73450, am a member of the
                  College. 

(3)   I, Dr. Noza, acknowledge that the College referred to the Discipline
                  Committee allegations that I engaged in professional misconduct in a
                  Notice of Hearing dated March 21, 2018.

            

B.    UNDERTAKING

(4)   I, Dr.  Noza, undertake to abide by the provisions of this Undertaking,
                  effective March 27, 2019 ("Effective Date"). 

(5)   Practice Restrictions

                  (a)   I, Dr. Noza, undertake that I shall not conduct any breast, pelvic,
                        or rectal examination of any patient, of any age, in any
                        jurisdiction, unless the examination takes place in the continuous
                        presence and under the continuous observation of a monitor who is a
                        regulated health professional acceptable to the College (the
                        "Practice Monitor"), and unless the other requirements provided in
                        this Undertaking are fulfilled. 
                  
                  (b)   I, Dr. Noza, acknowledge that I have reviewed the Practice
                        Monitor's undertaking, attached hereto as Appendix "A" and
                        understand what is required of the Practice Monitor including, but
                        not limited to:
                  
                        1.    providing reports (as described in the Practice Monitor's
                              undertaking) to the College on at least a monthly basis; 
                  
                        2.    remaining present at all times during all breast, pelvic, or
                              rectal examinations I conduct with any patient; 
                  
                        3.    carefully observing all breast, pelvic, or rectal
                              examinations I conduct with any patient.  I further
                              acknowledge my obligation to ensure the Practice Monitor's
                              view of all breast, pelvic, or rectal examinations I conduct
                              is unobstructed at all times; 
                  
                        4.    refraining from performing any other functions, except those
                              required in the Practice Monitor's undertaking attached as
                              Appendix "A",  while observing me conduct any breast, pelvic,
                              or rectal examination; 
                  
                        5.    maintaining a log of all breast, pelvic, or rectal
                              examinations I conduct with patients in the form attached to
                              this Undertaking as Appendix "B" (the "Log");
                  
                        6.    initialing all corresponding entries in the records of
                              patients noted in the Log; and
                  
                        7.    submitting the original Log to the College on a monthly
                              basis.
                  
                  (c)   I, Dr. Noza, undertake to maintain an up to date copy of the Log by
                        ensuring a copy is made at the end of each business day, and to
                        make it available to the College upon request. 
                  
(6)   I, Dr. Noza, undertake to inform the College of each and every location
                  that I practise or have privileges including, but not limited to
                  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.

(7)   Posting a Sign

                  (a)   I, Dr. Noza, undertake that I shall post a sign in all waiting
                        rooms, examination rooms and consulting rooms, in all of my
                        Practice Locations, in a clearly visible and secure location, in
                        the form set out in Appendix "C" that states: "Dr. Noza has agreed
                        not to conduct any breast, pelvic, or rectal examination of any
                        patient, of any age, in any jurisdiction, unless in the continuous
                        presence and under the continuous observation of a practice monitor
                        acceptable to the College of Physicians and Surgeons of Ontario.
                        Further information may be found on the College website at
                        www.cpso.on.ca".
                  
                  (b)   I, Dr. Noza, undertake to post a certified translation in any
                        language in which I provide services, of the sign described in
                        section (7)(a), in all waiting rooms, examination rooms and
                        consulting rooms, in all of my Practice Locations, in a clearly
                        visible and secure location, in the form set out at Appendix "C."
                 
                  (c)   I, Dr. Noza, undertake to provide the certified translation
                        described in section (7)(b), to the College within thirty (30) days
                        of executing this Undertaking.
                  
                  (d)   I, Dr. Noza, 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. Noza, undertake to provide to the College the certified
                        translation(s) described in section (7)(b) prior to providing
                        services in any language described in section (7)(d).
                  
(8)   Notifying Patients 

                  (a)   I, Dr. Noza, undertake to ensure that each patient with whom I
                        intend to conduct a breast, pelvic, or rectal examination is
                        directly notified prior to the examination, of the details of the
                        restriction described in section (5)(a), above. 
                  
                  (b)   With respect to patients with whom I have appointments that are
                        scheduled at least seven (7) days in advance, I, Dr. Noza,
                        undertake to ensure that each patient is directly notified, within
                        seven (7) days after the appointment is scheduled, of the details
                        of the restriction described in section 5(a), above.
                  
            
C.    ACKNOWLEDGEMENT 

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

(10)  I, Dr. Noza, 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. Noza, 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. Noza, 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. Noza, acknowledge that a breach 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.

 (14)  I, Dr. Noza, 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. Noza, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be being
                        posted on the Public Register.
                  
                  (b)   I, Dr. Noza, 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:
                  
                              Dr. Noza shall not conduct any breast, pelvic, or rectal
                              examination of any patient, of any age, in any jurisdiction,
                              unless in the continuous presence and under the continuous
                              observation of a practice monitor who is a regulated health
                              professional acceptable to the College of Physicians and
                              Surgeons of Ontario, and unless the other requirements
                              provided in Dr. Noza's Undertaking with the College are
                              fulfilled.  
                  
                              Dr. Noza shall post a sign in all waiting rooms, examination
                              rooms and consulting rooms, in all Practice Locations, in a
                              clearly visible and secure location, that states: "Dr. Noza
                              has agreed not to conduct any breast, pelvic, or rectal
                              examination of any patient, of any age, in any jurisdiction,
                              unless in the continuous presence and under the continuous
                              observation of a practice monitor acceptable to the College
                              of Physicians and Surgeons of Ontario.  Further information
                              may be found on the College website at www.cpso.on.ca".
                  
 D.    CONSENT

(16)  I, Dr. Noza, 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.

(17)  I, Dr. Noza, acknowledge that I have executed the OHIP consent form,
                  attached hereto as Appendix "D".

            
(18)  I, Dr. Noza, consent to submit and not interfere with, unannounced
                  inspections of my Practice Locations and to the inspection of patient
                  records by the College and to any other activity the College deems
                  necessary in order to monitor my compliance with the provisions of this
                  Undertaking.

(19)  I, Dr. Noza, give my irrevocable consent to the College to provide the
                  following information to all Practice Monitors:

                  (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.
                  
(20)  I, Dr. Noza, give my irrevocable consent to all Practice Monitors 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 Practice
                        Monitor's undertaking set out at Appendix "A"; 
                  
                  (c)   any information relevant for the purposes of monitoring my
                        compliance with this Undertaking.
                  
(21)  I, Dr. Noza, 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.

(22)  I, Dr. Noza, give my irrevocable consent to all Chiefs of Staff to
                  disclose to the College, and to one another, any information relevant to
                  this Undertaking and/or relevant for the purposes of monitoring my
                  compliance with this Undertaking.




Previous Hearings

Committee: Discipline
Decision Date: 27 Mar 2019
Summary:

On March 27, 2019, on the basis of a Statement of Uncontested Facts on Liability, the Discipline Committee found that Dr. Noza committed an act of professional misconduct, in that he engaged in an act or omission relevant to the practice of medicine that, having regard to all circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
STATEMENT OF UNCONTESTED FACTS ON LIABILITY
Dr. Assefa Fersha Noza (“Dr. Noza”) is a sixty-two (62) year old physician, practising family medicine in Etobicoke, Ontario. Dr. Noza received his certificate of registration authorizing independent practice on December 6, 2001.
 
Dr. Noza is a member of the Humber River Family Health Team (“Humber River FHT”). At all relevant times, Dr. Noza practised at the Humber River FHT clinic site in Etobicoke.
 
Patient A was a patient of Dr. Noza between 2013 and 2016. In May 2016, Dr. Noza saw Patient A for a periodic health examination. At this appointment, Patient A underwent a blood test and a urine test.
 
Upon receiving Patient A’s blood and urine test results, Dr. Noza’s secretary called Patient A and told her that the doctor wanted to see her for a follow-up appointment.
 
Patient A saw Dr. Noza to discuss her results. Patient A’s urine culture was positive for Group B Beta Hemolytic Streptococcus. Dr. Noza discussed this with Patient A and asked her whether she had been experiencing any symptoms related to a urinary tract infection. Patient A told Dr. Noza that she did not have any problems. Dr. Noza told Patient A that if she did experience any issues she could return to see him. Patient A then left the clinic.
 
A short time later on the same day, Patient A remembered that she had been experiencing heavy vaginal bleeding for the past few days but she had forgotten to mention this to Dr. Noza. Patient A returned to Dr. Noza’s clinic and asked the secretary to see him again. The secretary placed Patient A into an examination room and Dr. Noza saw Patient A for a second time that day.
 
Patient A told Dr. Noza about her heavy vaginal bleeding. Dr. Noza told Patient A to lie down on the examination table.
 
Dr. Noza first palpated Patient A’s abdomen and asked whether she had any pain. Without adequately explaining, Dr. Noza then told Patient A to pull down her underwear. She was not offered a drape or gown. Dr. Noza put on a glove and conducted a vaginal examination.
 
Patient A was not expecting Dr. Noza to conduct a vaginal examination. Dr. Noza had never conducted a vaginal examination of Patient A. In the past, only Dr. Noza’s female staff had conducted Pap smears for Patient A.
 
Following the examination, Dr. Noza told Patient A to get dressed and return to see him if she had any continuing concerns.
 
Prior to conducting the vaginal examination, Dr. Noza failed to:
- Advise Patient A that he was going to conduct a vaginal exam;
- Explain to Patient A the reason for the exam and what the exam would involve;
- Obtain Patient A’s informed consent before proceeding;
- In accordance with his usual practice, ascertain whether Patient A wanted a chaperone present in the room; and
-Provide Patient A with proper draping or a gown.
As a result, Patient A felt confused and upset.
 
Dr. Noza did not make any notes in Patient A’s medical chart of her having returned to see him for a second time on the same day. He failed to document her concerns about vaginal bleeding and failed to document the physical and vaginal examination.
 
Dr. Noza does not contest the facts set out above, and does not contest, for the purposes of the College proceedings, that he engaged in professional misconduct, in that he 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
 
AGREED STATEMENT OF FACTS ON PENALTY
 
Undertaking in Lieu of the s. 25.4 Order
On April 30, 2018, Dr. Noza entered into an interim undertaking to the College in lieu of an Order under section 25.4 of the Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, S.O. 1991, C-18.
 
No concerns regarding Dr. Noza’s compliance with the interim undertaking have been identified by the College’s compliance monitor.
 
Dr. Noza’s March 27, 2019 Undertaking
Dr. Noza has entered into an undertaking to the College, effective March 27, 2019, by which he has agreed, among other things, that he will not conduct any breast, pelvic or rectal examination of any patient, of any age, in any jurisdiction, unless the examination takes place in the continuous presence and under the continuous observation of a monitor who is a regulated health professional acceptable to the College.
 
Prior History
On May 14, 2015, the Inquiries, Complaints and Reports Committee (the “ICRC”) issued a written caution to Dr. Noza with regard to professional communication. The ICRC also directed a Specified Continuing Education or Remediation Program (a “SCERP”) which required Dr. Noza to complete one-on-one instruction on communication, and engage in self-directed learning by writing a report reflecting on how he has changed his communication technique.
Dr. Noza has no prior history with the Discipline Committee.
 
AGREEMENT AS TO PENALTY
 
The parties agreed that the appropriate penalty in this matter is set out in the draft Order filed at the hearing.
DISPOSITION
 
The Discipline Committee Ordered that:
- The Registrar suspend Dr. Noza’s Certificate of Registration for a three (3) month period effective immediately.
- The Registrar impose the following terms, conditions and limitations on Dr. Noza’s Certificate of Registration:
- Dr. Noza shall comply with the College’s Policy #2-07, “Practice Management Considerations for Physicians Who Cease to Practice, Take an Extended Leave of Absence or Close Their Practice Due to Relocation”;
- Dr. Noza shall successfully complete the PROBE Ethics and Boundaries Course (“PROBE course”), at his own expense, within twelve (12) months of the date of this Order. Dr. Noza will agree to abide by the recommendations of the PROBE course and provide proof of completion to the College;
- Dr. Noza shall inform the College of each and every location where he practices, in any jurisdiction (“Practice Location(s)”) within five (5) days of commencing practice at that location;
- Dr. Noza shall be responsible for any and all fees, costs, and expenses, associated with implementing and fulfilling the terms of this Order; and
- Dr. Noza shall provide irrevocable consent to the College to make appropriate enquiries of OHIP and/or any person or institution that may have relevant information, in order for the College to monitor compliance with this Order. 
- Dr. Noza appear before the panel to be reprimanded.
- Dr. Noza pay costs to the College in the in the amount of $6,000.00 within thirty (30) days.


Decision: Download Full Decision (PDF)
Hearing Date(s): March 27, 2019 start time 1:00 p.m.

Concerns

Source: Member
Active Date: March 27, 2019
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Assefa Fersha Noza to the College of Physicians and Surgeons of Ontario, effective March 27, 2019:

Dr. Noza shall not conduct any breast, pelvic, or rectal examination of any patient, of any age, in any jurisdiction, unless in the continuous presence and under the continuous observation of a practice monitor who is a regulated health professional acceptable to the College of Physicians and Surgeons of Ontario, and unless the other requirements provided in Dr. Noza’s Undertaking with the College are fulfilled.

Dr. Noza shall post a sign in all waiting rooms, examination rooms and consulting rooms, in all Practice Locations, in a clearly visible and secure location, that states: “Dr. Noza has agreed not to conduct any breast, pelvic, or rectal examination of any patient, of any age, in any jurisdiction, unless in the continuous presence and under the continuous observation of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Further information may be found on the College website at www.cpso.on.ca”.

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