Kirk, James Norman (CPSO#: 26526)

Current Status: Active Member as of 19 Jun 1974

CPSO Registration Class: Restricted as of 04 Jan 2010

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:University of Toronto, 1973

Practice Information

Primary Location of Practice
Unit D
99 Thames Street North
Ingersoll ON  N5C 3C6
Phone: (519) 485-1448
Fax: (519) 485-0960
Electoral District: 02

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 19 Jun 1974
Transfer of class of certificate to: Restricted certificate Effective: 04 Jan 2010
Terms and conditions amended by member Effective: 07 Mar 2016

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 07 Mar 2016 Active View Details [+]
            As from March 7, 2016, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. James Norman Kirk, in
            accordance with an undertaking and consent given by Dr. Kirk to the College of
            Physicians and Surgeons of Ontario:

                               UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                            ("Undertaking")

                                                  of

                                         DR. JAMES NORMAN KIRK
                                             ("Dr. Kirk")

                                                  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; 
                  
                  "ICR Committee" means the Inquiries, Complaints and Reports Committee of
                  the College.
                  
            (2)   I, Dr. Kirk, certificate of registration number 26526, am a member of the
                  College.  The College has received information regarding my standard of
                  practice.

            (3)   I, Dr. Kirk, acknowledge that I was the subject of a Reassessment of my
                  practice with a resulting Report dated June 23, 2015.

            (4)   I, Dr. Kirk, acknowledge that, upon receiving an original copy of this
                  Undertaking as signed by me, the College has agreed to take no further
                  action on the June 23, 2015 Reassessment Report.

            (5)   I, Dr. Kirk, acknowledge that the resignation of my prescribing
                  privileges further to a January 4, 2010 Undertaking remains in full force
                  and effect.

            B.    UNDERTAKING

            (6)   I, Dr. Kirk, acknowledge and agree that I am bound by this Undertaking
                  from the date on which I sign it. 

            (7)   Clinical Supervision 

                  (a)   I, Dr. Kirk, undertake to practise under the guidance of a clinical
                        supervisor(s) acceptable to the College (the "Clinical
                        Supervisor(s)"), for at least twelve (12) months ("Clinical
                        Supervision"). 
                  
                  (b)   I, Dr. Kirk, acknowledge that I have reviewed the Clinical
                        Supervisor(s)'s undertaking, attached hereto as Appendix "A", and
                        understand what is required of the Clinical Supervisor(s). The
                        Clinical Supervisor(s) will, at minimum: 
                  
                        (i)   Facilitate the education program set out in the
                              Individualized Education Plan ("IEP") attached as Appendix
                              "B";
                  
                        (ii)  Review at least fifteen (15) of my patient charts; 
                  
                        (iii) Meet with me on a Monthly basis for the first three (3)
                              visits.  After three (3) visits and if acceptable progress
                              has been made as indicated by a positive report from the
                              supervisor and with the approval of the College, meetings may
                              be decreased to every three (3) months;
                  
                        (iv)  Discuss any concerns arising from the chart reviews;
                  
                        (v)   Make recommendations to me for practice improvements and
                              ongoing professional development and inquire into my
                              compliance with the recommendations; 
                  
                        (vi)  Perform any other duties, such as reviewing other documents
                              or conducting interviews with staff or colleagues, that the
                              Clinical Supervisor(s) deem necessary to my Clinical
                              Supervision; and
                  
                        (vii) Submit written reports to the College at least once every
                              quarter, or more frequently if the Clinical Supervisor(s) has
                              concerns about my standard of practice.
                  
                  (c)   I, Dr. Kirk, acknowledge that the charts reviewed shall be selected
                        by the Clinical Supervisor(s) based on the educational needs
                        identified in the IEP set out at Appendix "B" to my Undertaking, as
                        well as the areas of concern identified in the Reassessment Report,
                        and concerns that may arise during the period of Clinical
                        Supervision.
                  
                  (d)   I, Dr. Kirk, undertake to cooperate fully with the Clinical
                        Supervision of my practice, conducted under the term of this
                        Undertaking and Appendix "A" attached, and to abide by the
                        recommendations of my Clinical Supervisor(s), including but not
                        limited to, any recommended practice improvements and ongoing
                        professional development.
                  
                  (e)   I, Dr. Kirk, 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. Kirk, 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. Kirk, agree that if I am unable to obtain a Clinical
                        Supervisor on the provisions set out under sections (7)(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. Kirk, agree that if I am required to cease practise as a
                        result of section (7)(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.
                  
            (8)   Professional Education  

                  (a)   I, Dr. Kirk, undertake to participate in and successfully complete
                        the following professional education:
                  
                        (i)   The next available University of Toronto's Medical Record
                              Keeping Course;
                  
                        (ii)  all aspects of the detailed IEP, attached hereto as Appendix
                              "B"; and
                  
                        (iii) any additional professional education recommended by my
                              Clinical Supervisor(s).
                  
                  (b)   I, Dr. Kirk, undertake to provide proof to the College of my
                        successful completion of the professional education set out in
                        section (8)(a) within one (1) month of completing it.
                  
                  (c)   I, Dr. Kirk, acknowledge that a report or reports may be provided
                        to the College regarding my progress and compliance with the
                        professional education set out in section (8)(a).
                  
            (9)   Reduction in Amount of Patients 

                  (a)   I, Dr. Kirk, undertake to make efforts to gradually reduce the
                        number of patients I see per day such that in six (6) months from
                        the date that I sign this undertaking I will see no more than 40
                        patients per day.
                  
            (10)  Reassessment of Practice

                  (b)   I, Dr. Kirk, undertake that, approximately six (6) months after the
                        completion of the Clinical Supervision set out in section (7) above
                        and Appendix "A" attached, I will submit to a Reassessment of my
                        practice ("the Reassessment") by an assessor or assessors selected
                        by the College (the "Assessor(s)").  I acknowledge and agree that
                        the Reassessment may include a chart review, direct observation of
                        my care, interviews with colleagues and co-workers, feedback from
                        patients and any other tools deemed necessary by the College.
                  
                  (c)   I, Dr. Kirk, undertake to co-operate fully with the Reassessment,
                        conducted under the term of this Undertaking and to abide by those
                        recommendations of the Assessor(s) that are approved by the ICR
                        Committee.

                  (d)   I, Dr. Kirk, acknowledge and agree that my Clinical Supervisor(s)
                        may receive and review the findings of the Assessor(s), and may
                        discuss with the Assessor(s) any issues or concerns arising from
                        the Reassessment.  I also acknowledge that the results of the
                        Reassessment will be provided to me and reported to the College and
                        the report may form the basis of further action by the College.
                  
                  (e)   I, Dr. Kirk, understand and agree that if I am of the view that any
                        of the Assessor(s)'s recommendations are unreasonable, I will have
                        thirty (30) days following my receipt of the recommendations within
                        which to provide the College with my submissions in this regard.  I
                        further understand and agree that thereafter, the ICR Committee
                        will consider my submissions and make a determination regarding
                        whether or not the recommendations, or any of them, are reasonable
                        and if so, whether they, or any of them, constitute limitations or
                        restrictions on my practice, and that decision will be provided to
                        me.
                  
                  (f)   I, Dr. Kirk, undertake that, following the decision referenced in
                        section (10)(e) above, I will abide by those recommendations of the
                        Assessor(s) that the ICR Committee has determined are reasonable. 
                  
                  (g)   I, Dr. Kirk, hereby consent to the following being included on the
                        public register as terms, conditions or limitations on my
                        certificate of registration, for the purposes of section 23 of the
                        Code: any recommendations of the Assessor(s) which are terms,
                        conditions or limitations on my practice and/or which the ICR
                        Committee has identified in its decision referenced in section
                        (10)(e) as terms, conditions or limitations on my practice.
                  
            (11)  Monitoring 

                  (a)   I, Dr. Kirk, undertake to inform the College of each and every
                        location that 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. Kirk, undertake and agree that I will submit to, and not
                        interfere with, unannounced inspections of my Practice Location(s)
                        and patient records by a College representative for the purposes of
                        monitoring my compliance with the provisions of this Undertaking.
                  
                  (c)   I, Dr. Kirk, give my irrevocable consent to the College to make
                        appropriate enquiries of the Ontario Health Insurance Plan
                        ("OHIP"), and/or any person or institution who may have relevant
                        information, in order for the College to monitor my compliance with
                        the provisions of this Undertaking. 
                  
                  (d)   I, Dr. Kirk, acknowledge that I have executed the OHIP consent
                        form(s), attached hereto as Appendix "C". 
                  
            (12)  I, Dr. Kirk, undertake to comply with 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 of the
                  College.

            C.    ACKNOWLEDGEMENT

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

            (14)  I, Dr. Kirk, 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. 

            (15)  I, Dr. Kirk, 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.

            (16)  I, Dr. Kirk, 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.

            (17)  I, Dr. Kirk, 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. Kirk was the subject of a College Reassessment into his
                        standard of practice. As a result of the Reassessment:
                  
                              *     Dr. Kirk will practise under the guidance of a Clinical
                                    Supervisor acceptable to the College for twelve (12)
                                    months; 
                              *     Dr. Kirk will engage in professional education in
                                    medical record-keeping course; and
                              *     Dr. Kirk's practice will be reassessed by an assessor
                                    selected by the College within six (6) months of the
                                    end of the period of Clinical Supervision.
                  
            D.    CONSENT

            (18)  I, Dr. Kirk, 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 set
                  out in section (8) above 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.
                  
            (19)  I, Dr. Kirk, give my irrevocable consent to the College to provide this
                  Undertaking to any Chief(s) of Staff, or a colleague with similar
                  responsibilities approved by the College, 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.

            (20)  I, Dr. Kirk, give my irrevocable consent to any person who facilitates my
                  completion of the professional education set out in section (8) above,
                  and to all Clinical Supervisors, Chiefs of Staff and Assessors, to
                  disclose to the College, and to one another, any information:

                  (a)   relevant to this Undertaking;
                  
                  (b)   relevant to the provisions of the Clinical Supervisor's undertaking
                        set out at Appendix "A";
                  
                  (c)   relevant to the Reassessment;
                  
                  (d)   relevant for the purposes of monitoring my compliance with this
                        Undertaking; and/or  
                  
                  (e)   which comes to his or her attention in the course of providing the
                        professional education set out in section (8) above and which he or
                        she reasonably believes indicates a potential risk of harm to my
                        patients.
                  
                  
                  
            As from January 4, 2010, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. James Norman Kirk, in
            accordance with an undertaking and consent given by Dr. Kirk to the College of
            Physicians and Surgeons of Ontario:

                   I have voluntarily relinquished my prescribing privileges with respect
                  to the following drugs, substances and preparations set out in the
                  corresponding regulations, as amended from time to time, and summarized
                  as follows:
                  
                  
            Drug/Substance          Relinquished

            Narcotic Drugs
            (from the Narcotic Control Regulations
             made under the Controlled Drugs
             and Substances Act, S.C., 1996, c. 19)    yes

            Narcotic Preparations
            (from the Narcotic Control Regulations
             made under the Controlled Drugs
             and Substances Act, S.C., 1996, c. 19)    yes

            Controlled Drugs
            (from Schedule G of the Regulations
             under the Food and Drugs
             Act, S.C., 1985, c. F-27)                 yes

            Benzodiazepines/Other Targeted Substances
            (from the Benzodiazepines and Other 
            Targeted Substances Regulations made 
            under the Controlled Drugs and 
            Substances Act., S.C., 1996, c. 19)        yes

Concerns

Source: Member
Active Date: March 7, 2016
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. James Norman Kirk to the College of Physicians and Surgeons of Ontario, effective March 7, 2016:

Dr. Kirk was the subject of a College Reassessment into his standard of practice. As a result of the Reassessment:
• Dr. Kirk will practise under the guidance of a Clinical Supervisor acceptable to the College for twelve (12) months;
• Dr. Kirk will engage in professional education in medical record-keeping course; and
• Dr. Kirk’s practice will be reassessed by an assessor selected by the College within six (6) months of the end of the period of Clinical Supervision.