Shamess, Brian Albert (CPSO#: 32673)

Current Status: Active Member as of 09 Jul 1981

CPSO Registration Class: Restricted as of 06 Oct 2014

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:The University of Western Ontario, 1980

Practice Information

Primary Location of Practice
Algoma Sports Medicine &
Physical Injuries Clinic
Suite 105
974 Queen Street East
Sault Ste Marie ON  P6A 2C5
Phone: (705) 759-2393
Fax: (705) 759-4835
Electoral District: 08
View Professional Corporation Information

Professional Corporation Information

Corporation Name: B.A. Shamess Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Oct 19 2006

Shareholders:
Dr. B. Shamess ( CPSO# 32673 )

Business Address:
105 - 974 Queen Street East
Sault Ste Marie ON  P6A 2C5
Phone Number: (705) 759-2393

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 09 Jul 1981
Transfer of class of certificate to: Restricted certificate Effective: 06 Oct 2014

Pending Discipline Hearings

Summary: Dr. Brian Albert Shamess (May 3, 2017) Allegations of Dr. Shamess’ professional misconduct have been referred to the Discipline Committee of the College. It is alleged that Dr. Shamess engaged in the sexual abuse of Patient A and/or in disgraceful, dishonorable or unprofessional conduct by, among other things, inappropriate and/or sexual comments to Patient A about her appearance and inappropriate, sexual and/or physical contact with Patient A’s breasts and Patient A’s back. Dr. Brian Albert Shamess (November 1, 2017) Additional allegations of Dr. Shamess’ professional misconduct have been referred to the Discipline Committee of the College. It is alleged that Dr. Shamess engaged in the sexual abuse of Patient B and/or in disgraceful, dishonorable or unprofessional conduct by, among other things, engaging in inappropriate and/or sexual contact with Patient B’s breasts and Patient B’s back. It is also alleged that Dr. Shamess engaged in the sexual abuse of Patient C and/or in disgraceful, dishonorable or unprofessional conduct by, engaging in inappropriate and/or sexual contact with Patient C’s pelvis.

Notice of Hearing: Download Full Notice (PDF)

Hearing Date(s): May 7-11 continuing June 18-22, 2018

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 06 Jul 2017 Active View Details [+]
            (1 of 3) As from July 6, 2017, the following is imposed as a term, condition
            and limitation on the certificate of registration held by Dr. Brian Albert
            Shamess, in accordance with an undertaking and consent given by Dr. Shamess to
            the College of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. BRIAN ALBERT SHAMESS
                                          ("Dr. Shamess")
                  
                                                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;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public. 
                  
            (2)   I, Dr. Shamess, certificate of registration number 32673, am a member of
                  the College.  

            (3)   I, Dr. Shamess, acknowledge that the College has referred to the
                  Discipline Committee, in the matter of College File Number 7214539,
                  allegations that I engaged in professional misconduct. 

            (4)   I, Dr. Shamess, have read the Notice of Hearing dated May 3, 2017, which
                  sets out the allegations against me.  I am aware of the College's concern
                  about protecting the public and I understand the nature of the
                  allegations against me.

            (5)   I, Dr. Shamess, acknowledge that the College has accepted this
                  Undertaking in lieu of making an Order under section 37 of the Code.

            (6)   I, Dr. Shamess, acknowledge that this Undertaking continues in force
                  until the matters currently referred are disposed of by a panel of the
                  Discipline Committee.

            B.    UNDERTAKING AND ACKNOWLEDGEMENT

            (7)   I, Dr. Shamess, undertake to abide by the provisions of this Undertaking,
                  effective upon the date this Undertaking is approved by the ICR Committee
                  ("Effective Date").

            (8)   Practice Restrictions

                  (a)   I, Dr. Shamess, undertake that I shall not engage in any
                        professional encounters, in person or otherwise ("Professional
                        Encounter(s)"), with patients of any age, in any jurisdiction,
                        unless the Professional Encounter takes place in the presence of a
                        monitor who is a regulated health professional acceptable to the
                        College (the "Practice Monitor(s)"), and unless the other
                        requirements provided in this Undertaking are fulfilled. For
                        further clarity, I understand that I must not be alone with any
                        patient, for any length of time, during any Professional Encounter,
                        whether or not the parent or guardian of the patient is also
                        present.
                  
                  (b)   I, Dr. Shamess, 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 Professional
                              Encounters with all patients; 
                  
                        3.    carefully observing all of my Professional Encounters with
                              patients, including but not limited to physical and internal
                              examinations.  I further acknowledge my obligation to ensure
                              the Practice Monitor's view of all of my Professional
                              Encounters with patients, including physical and internal
                              examinations, 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 in all my Professional
                              Encounters with patients; 
                  
                        5.    maintaining a log of all Professional Encounters 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. Shamess, undertake to maintain my own copy of the Log at all
                        times, and to make it available to the College upon request. 
                  
            (9)   I, Dr. Shamess, 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 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.

            (10)  Posting a Sign

                  (a)   I, Dr. Shamess, undertake that, effective immediately, 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. Shamess has agreed to continue to not to have professional
                        encounters, in person or otherwise, with  patients, of any age,
                        unless in the presence of a practice monitor acceptable to the
                        College of Physicians and Surgeons of Ontario.  Dr. Shamess has
                        agreed not be alone during any professional encounter with any
                        patient. Further information may be found on the College website at
                        www.cpso.on.ca".
                  
                  (b)   I, Dr. Shamess, undertake to post a certified translation(s) in any
                        language(s) in which I provide services, of the sign described in
                        section (9)(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. Shamess, undertake to provide the certified translation(s)
                        described in section (9)(b), to the College within thirty (30) days
                        of executing this Undertaking.
                  
                  (d)   I, Dr. Shamess, 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. Shamess, undertake to provide to the College the certified
                        translation(s) described in section (9)(b) prior to providing
                        services in the language(s) described in section (9)(d).
                  
            (11)  Notifying Patients

                  (a)   I, Dr. Shamess, undertake to ensure that each patient scheduled for
                        an appointment with me is directly notified, prior to the
                        appointment, of the details of the restriction described in section
                        (7)(a). 
                  
                  (b)   If the appointment referred to in section (10)(a) above is
                        scheduled to take place more than seven (7) days after the date on
                        which it is booked, I, Dr. Shamess, undertake to ensure that each
                        patient scheduled for an appointment with me is directly notified,
                        within seven (7) days after the appointment is scheduled, of the
                        details of the restriction described in section (8)(a).
                  
            (12)  I, Dr. Shamess, acknowledge that the College will provide this
                  Undertaking to any Chief(s) of Staff, or a colleague with similar
                  responsibilities, at any Practice Location ("Chief(s) of Staff").

            (13)  I, Dr. Shamess, acknowledge that a breach of any provision of this
                  Undertaking may constitute an act of professional misconduct and may
                  result in a referral of specified allegations to the Discipline
                  Committee.

            (14)  I, Dr. Shamess, 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.

            (15)  In the event of an appeal of any order of the Discipline Committee, I,
                  Dr. Shamess, acknowledge that if the Discipline Committee has directed
                  the Registrar to revoke, suspend, or impose terms and conditions on my
                  certificate of registration, that order will take effect immediately
                  despite any appeal.

            (16)  I, Dr. Shamess, 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. 

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

            (18)  I, Dr. Shamess, acknowledge that this Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code. 

            (19)  Public Register

                  (a)   I, Dr. Shamess, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be posted on
                        the Public Register.
                  
                  (b)   I, Dr. Shamess, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (19)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                              Dr. Shamess is the subject of a referral to the Discipline
                              Committee into allegations of professional misconduct .As a
                              result of the referral:
                  
                              Dr. Shamess has agreed to continue to not engage in any
                              professional encounters, in person or otherwise, with
                              patients of any age, in any jurisdiction, unless the patient
                              encounter takes place in the presence of a monitor who is a
                              regulated health professional acceptable to the College, and
                              unless the other requirements provided in Dr. Shamess's
                              Undertaking with the College are fulfilled.  For further
                              clarity, Dr. Shamess has agreed not be alone with any patient
                              during any professional encounter.
                  
                              Dr. Shamess shall post a sign in all waiting rooms,
                              examination rooms and consulting room, in all Practice
                              Locations, in a clearly visible and secure location, that
                              states: Dr. Shamess has agreed to continue to not to have
                              professional encounters, in person or otherwise, with
                              patients of any age, unless in the presence of a practice
                              monitor acceptable to the College of Physicians and Surgeons
                              of Ontario.  Dr. Shamess has agreed not be alone with any
                              patient during any professional encounter. Further
                              information may be found on the College website at
                              www.cpso.on.ca".
                  
            C.    CONSENT

            (20)  I, Dr. Shamess, 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.

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

            (22)  I, Dr. Shamess, consent to submit and not interfere with, unannounced
                  inspections of my Practice Location(s) and to the inspection of patient
                  charts by the College and to any other activity the College deems
                  necessary in order to monitor my compliance with the provisions of this
                  Undertaking.

            (23)  I, Dr. Shamess, 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.
                  
            (24)  I, Dr. Shamess, give my irrevocable consent to all Practice Monitors to
                  disclose to the College, and to one another, any information:

                  (a)   relevant to this Undertaking;
                  
                  (b)   relevant to the provisions of the Practice Monitor's undertaking
                        set out at Appendix "A"; and/or
                  
                  (c)   relevant for the purposes of monitoring my compliance with this
                        Undertaking.
                  
            (25)  I, Dr. Shamess, give my irrevocable consent to the College to provide all
                  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.


            (2 of 3) As from October 6, 2014, the following is imposed as a term, condition
            and limitation on the certificate of registration held by Brian Albert Shamess,
            in accordance with an undertaking and consent given by Dr. Shamess to the
            College of Physicians and Surgeons of Ontario:

                  Dr. Shamess may not engage in the practice of performing lumbar and
                  thoracic epidural blocks, lumbar sympathetic blocks, celiac plexus
                  blocks, interscalene blocks and interscalene brachial plexus blocks in
                  any practice setting.
                  
                  
            (3 of 3) As from February 27, 2017, the following is imposed as a term,
            condition and limitation on the certificate of registration held by Dr. Brian
            Albert Shamess, in accordance with an undertaking and consent given by Dr.
            Shamess to the College of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. BRIAN ALBERT SHAMESS
                                          ("Dr. Shamess")
                  
                                                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;
                  
                  "NMS" means the Drug Program Services Branch, the Narcotics Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
            (2)   I, Dr. Shamess, certificate of registration number 32673, am a member of
                  the College.  The College has received information regarding my standard
                  of practice.

            (3)   I, Dr. Shamess, acknowledge that the College initiated an investigation
                  bearing File Number 7214990 (the "Investigation") into my standard of
                  practice.

            B.    UNDERTAKING

            (4)   I, Dr. Shamess, undertake to abide by the provisions of this Undertaking,
                  effective immediately.

            (5)   Clinical Supervision 

                  (a)   I, Dr. Shamess, undertake to practise under the guidance of a
                        clinical supervisor(s) acceptable to the College (the "Clinical
                        Supervisor(s)"), for six(6) months ("Clinical Supervision"). 
                  
                  (b)   I, Dr. Shamess, 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 hereto as
                              Appendix "B";
                  
                        (ii)  Meet with me at my Practice Location, or another location
                              approved by the College, once every month;
                  
                        (iii) Review at least twenty (20) of my patient charts at every
                              meeting;
                  
                        (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
                              month, or more frequently if the Clinical Supervisor(s) has
                              concerns about my standard of practice.
                  
                  (c)   I, Dr. Shamess, acknowledge that the charts reviewed shall be
                        selected by the Clinical Supervisor(s) based on the educational
                        needs identified in the IEP, attached hereto as Appendix "B", as
                        well as the areas of concern identified in the report(s) of the
                        medical inspector dated November 11, 2016, and concerns that may
                        arise during the period of Clinical Supervision.
                  
                  (d)   I, Dr. Shamess, undertake to cooperate fully with the Clinical
                        Supervision of my practice, conducted under the term of this
                        Undertaking and Appendix "A" to this Undertaking, 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. Shamess, 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. Shamess, 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. Shamess, undertake that if I am unable to obtain a Clinical
                        Supervisor on the provisions set out under sections (5)(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. Shamess, acknowledge that if I am required to cease practise
                        as a result of section (5)(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.
                  
            (6)   Professional Education  

                  (a)   I, Dr. Shamess, undertake to participate in and successfully
                        complete all aspects of the detailed IEP, attached hereto as
                        Appendix "B", including all of the following professional education
                        (the "Professional Education"):
                  
                        (i)   a program(s) satisfactory to the College in: 
                  
                              1.    medical record keeping; and
                  
                              2.    safe opioid prescribing; 
                  
                        (ii)  any additional professional education recommended by my
                              Clinical Supervisor(s).
                  
                  (b)   I, Dr. Shamess, undertake to provide proof to the College of my
                        successful completion of the Professional Education, including
                        proof of registration and attendance and participant assessment
                        reports, within one (1) month of completing it. I acknowledge that
                        the College will determine, in its sole discretion, whether I have
                        successfully completed the Professional Education.
                  
                  (c)   I, Dr. Shamess, acknowledge that a report or reports may be
                        provided to the College regarding my progress and compliance with
                        the Professional Education.
                  
                  (d)   I, Dr. Shamess, undertake to complete this requirement within six
                        months or, if no satisfactory program is available by that time, by
                        the first possible opportunity thereafter.
                  
            (7)   Reassessment of Practice

                  (a)   I, Dr. Shamess, undertake that, approximately six(6) months after
                        the completion of the Clinical Supervision set out in section (3)
                        above and Appendix "A" to this Undertaking, 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 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.
                  
                  (b)   I, Dr. Shamess, 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.
                  
                  (c)   I, Dr. Shamess, acknowledge 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. 
                  
                  (d)   I, Dr. Shamess, acknowledge 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 acknowledge 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.
                  
                  (e)   I, Dr. Shamess, undertake that, following the decision referenced
                        in section (7)(d) above, I will abide by those recommendations of
                        the Assessor(s) that the ICR Committee has determined are
                        reasonable. 
                  
                  (f)   I, Dr. Shamess, hereby consent to any of 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: 
                  
                        (i)   any recommendations of the Assessor(s) which are terms,
                              conditions or limitations on my practice;  
                  
                        (ii)  any recommendations of the Assessor(s) which the ICR
                              Committee has identified in its decision referenced in
                              section (7)(d) as terms, conditions or limitations on my
                              practice.
                  
            (8)   Monitoring 

                  (a)   I, Dr. Shamess, 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 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.
                  
                  (b)   I, Dr. Shamess, undertake 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. Shamess, give my irrevocable consent to the College to make
                        appropriate enquiries of OHIP,  NMS 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. 
                  
                  (d)   I, Dr. Shamess, acknowledge that I have executed the OHIP and NMS
                        consent form(s), attached hereto as Appendix "C" and Appendix "D",
                        respectively. 
                  
            C.    ACKNOWLEDGEMENT

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

            (10)  I, Dr. Shamess, 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. Shamess, 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. Shamess, acknowledge that the College will provide this
                  Undertaking to any Chief of Staff, or a colleague with similar
                  responsibilities, at any Practice Location ("Chief(s) of Staff").

            (13)  I, Dr. Shamess, 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.

            (14)  I, Dr. Shamess, 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. Shamess, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be posted on
                        the Public Register.
                  
                  (b)   I, Dr. Shamess, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (16)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                              Dr. Shamess was the subject of a College investigation into
                              his standard of practice. As a result of the investigation:
                  
                              *     Dr. Shamess will practise under the guidance of a
                                    Clinical Supervisor acceptable to the College for 6
                                    months. 
                              *     Dr. Shamess will engage in professional education in
                                    record keeping and safe opioid prescribing.
                              *     Dr. Shamess's practice will be reassessed by an
                                    assessor selected by the College within 6 months of the
                                    end of the period of Clinical Supervision.
                  
            D.    CONSENT

            (16)  I, Dr. Shamess, 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 (6) 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.
                  
            (17)  I, Dr. Shamess, give my irrevocable consent to the College to provide all
                  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.

            (18)  I, Dr. Shamess, give my irrevocable consent to any person who facilitates
                  my completion of the professional education set out in section (6) 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" to this Undertaking;
                  (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 (6) above and which he or
                        she reasonably believes indicates a potential risk of harm to my
                        patients.
                  

Concerns

Source: Member
Active Date: July 5, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Brian Albert Shamess to the College of Physicians and Surgeons of Ontario, effective July 6, 2017:

Dr. Shamess is the subject of a referral to the Discipline Committee into allegations of professional misconduct .As a result of the referral:

Dr. Shamess has agreed to continue to not engage in any professional encounters, in person or otherwise, with patients of any age, in any jurisdiction, unless the patient encounter takes place in the presence of a monitor who is a regulated health professional acceptable to the College, and unless the other requirements provided in Dr. Shamess’s Undertaking with the College are fulfilled. For further clarity, Dr. Shamess has agreed not be alone with any patient during any professional encounter.

Dr. Shamess shall post a sign in all waiting rooms, examination rooms and consulting room, in all Practice Locations, in a clearly visible and secure location, that states: Dr. Shamess has agreed to continue to not to have professional encounters, in person or otherwise, with patients of any age, unless in the presence of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Dr. Shamess has agreed not be alone with any patient during any professional encounter. Further information may be found on the College website at www.cpso.on.ca”.


Source: Member
Active Date: February 27, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Brian Albert Shamess to the College of Physicians and Surgeons of Ontario, effective February 27, 2017:

Dr. Shamess was the subject of a College investigation into his standard of practice. As a result of the investigation:

• Dr. Shamess will practise under the guidance of a Clinical Supervisor acceptable to the College for 6 months.
• Dr. Shamess will engage in professional education in record keeping and safe opioid prescribing.
• Dr. Shamess’s practice will be reassessed by an assessor selected by the College within 6 months of the end of the period of Clinical Supervision.