As from September 28, 2016, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Markian Roman Sluzar,
in accordance with an undertaking and consent given by Dr. Sluzar to the
College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. MARKIAN ROMAN SLUZAR
("Dr. Sluzar")
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;
"OHIP" means the Ontario Health Insurance Plan.
(2) I, Dr. Sluzar, certificate of registration number 52566, am a member of
the College. The College has received information respecting my standard
of practice.
(3) I, Dr. Sluzar, acknowledge that my practice has been limited to surgical
assist at Royal Victoria Hospital, Barrie, Ontario since September 2014.
(4) I, Dr. Sluzar, acknowledge that I have informed the College that I do not
practice at any location other than Royal Victoria Hospital, Barrie,
Ontario, nor do I have privileges at any other hospital whatsoever.
B. UNDERTAKING
(5) Practice Restrictions
(a) I, Dr. Sluzar, undertake that I shall not engage in the practice of
medicine as the Most Responsible Physician for any patient(s)
whatsoever.
(b) I, Dr. Sluzar, undertake that the entirety of my scope of practice
will be restricted in the following ways:
(i) I shall only practise medicine as a surgical assistant of a
surgeon:
a. certified by the Royal College of Physicians and
Surgeons or recognized as a surgical specialist by the
College; and
b. who holds privileges at the Royal Victoria Hospital, or
other Practice Location as may be approved by the
College (collectively, a "Qualified Surgeon")
(ii) for further clarity, but without limiting the generality of
section (5)(b)(i) above:
a. I will not provide any pre-operative or post-operative
care whatsoever; and
b. a Qualified Surgeon must always be physically in
attendance when I am engaging in my practice as a
surgical assistant.
(c) I, Dr. Sluzar, undertake that I will not engage in any practice of
medicine that is not expressly and specifically listed in section
(5)(b) above.
(d) I, Dr. Sluzar, undertake that should I seek privileges to perform
surgical assisting at any other Practice Location (other than Royal
Victoria Hospital), I shall advise the College within 14 days of
making such application, and shall seek approval to practice
surgical assist at that Practice Location at least 14 days before
commencing surgical assisting. For greater certainty, I shall not
commence surgical assisting at any other Practice Location (other
than Royal Victoria Hospital) without prior approval of the
College.
(6) Resumption of Anesthesia Practice
(a) If I wish to return to the practice of anesthesia:
i. I, Dr. Sluzar, undertake to provide notice to the College of
my desire to return to the practice of anesthesia;
ii. I, Dr. Sluzar, acknowledge and agree that in order to resume
the practice of anaesthesiology, I shall, at a minimum, be
required to enter into a further undertaking with the College
which shall, at a minimum, require that:
1. I undergo a remediation program in anaesthesiology
approved by the College, which may include a period of
high-level supervision in which I shall not be the Most
Responsible Physician;
2. the remediation program will include, at a minimum,
graduated supervision, specified education and an
assessment including an observation component.
(7) Workplace Reporting
(a) I, Dr. Sluzar, acknowledge and agree that the person who is the
Chief of Surgery at Royal Victoria Hospital, or other person
acceptable to the College (the "Hospital Monitor"), will be
required to execute an undertaking in the form attached hereto as
Appendix "A". I have reviewed this undertaking and understand what
is required of the Hospital Monitor which includes, without
limiting the generality of the foregoing:
i. written reports to the College every three months for two
years;
ii. such reports to include information regarding my behaviour,
conduct, communications and professionalism, including
information provided to the Hospital Monitor by the OR Nurse
Manager and nursing and medical staff working directly with
me; and
iii. immediate reporting to the College if the Hospital Monitor
any concerns: about my conduct, behaviour, professionalism or
care; about my capacity to practice medicine; that my
patients may be at risk of harm or injury; or that I am not
in compliance with my Undertaking.
(8) I, Dr. Sluzar, undertake that if I begin to practice at any Practice
Location other than Royal Victoria Hospital within two years of executing
this Undertaking, I will consent to the College obtaining an undertaking
in a similar form to that at Appendix "A" from a colleague with similar
responsibilities to the Chief of Surgery approved by the College.
(9) Compliance and Monitoring
(a) I, Dr. Sluzar, 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.
(b) I, Dr. Sluzar, acknowledge that I have executed the OHIP consent
form, attached hereto as Appendix "B".
(c) I, Dr. Sluzar, undertake and agree that I will submit to, and not
interfere with, unannounced inspections of my Practice Locations
and/or patient charts by a College representative for the purposes
of monitoring my compliance with the provisions of this
Undertaking.
C. ACKNOWLEDGEMENT
(10) I, Dr. Sluzar, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(11) I, Dr. Sluzar, 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.
(12) I, Dr. Sluzar, 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.
(13) I, Dr. Sluzar, 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. I acknowledge and agree that if the College approves
my practicing as a surgical assist at additional Practice Locations,
these Practice Locations will reflected on the public register.
(14) I, Dr. Sluzar, 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. Sluzar was the subject of a College investigation into whether
he meets the standard of care and/or is incompetent in his
anesthesiology practice. As a result of the investigation, Dr.
Sluzar may only practice as a surgical assistant under the
direction of a surgeon at Royal Victoria Hospital or other Practice
Locations as may be approved by the College. Further, the College
will receive reports from Royal Victoria Hospital, or other
Practice Locations approved by the College, regarding Dr. Sluzar's
conduct in the work place.
D. CONSENT
(15) I, Dr. Sluzar, give my irrevocable consent to the College to provide this
Undertaking to any Qualified Surgeon, Hospital Monitor and any Chief of
Staff, or a colleague with similar responsibilities, at any Practice
Location ("Chief(s) of Staff"), and to provide said Chief(s) of Staff
with any of the following:
(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.
(16) I, Dr. Sluzar, give my irrevocable consent to all Qualified Surgeons,
Hospital Monitors and all Chief(s) of Staff to disclose to the College,
and to one another, all information relevant to this Undertaking and/or
relevant for the purposes of monitoring my compliance with this
Undertaking.
(17) I, Dr. Sluzar, undertake to abide by the provisions of this Undertaking,
effective immediately 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.