As from January 3, 2017, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Harold Sturm, in
accordance with an undertaking and consent given by Dr. Sturm to the College of
Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. HAROLD STURM
("Dr. Sturm")
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. Sturm, certificate of registration number 31295, am a member of
the College. The College has received information regarding my standard
of practice.
(3) I, Dr. Sturm, acknowledge that the College initiated an investigation
bearing File Number 102036 (the "Investigation") into whether I engaged
in professional misconduct regarding the preparation of consultation
reports and my conduct with the parent of a patient.
B. UNDERTAKING
(4) I, Dr. Sturm undertake to abide by the provisions of this Undertaking,
effective immediately.
(5) Clinical Supervision
(a) I, Dr. Sturm, 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. Sturm acknowledge that I have reviewed the Clinical
Supervisor(s)'s undertaking, attached hereto as Schedule "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 Schedule
"B";
(ii) Meet with me at my Practice Location on two occasions;
i. At the first meeting, the Clinical Supervisor will
review no less than five (5) of my consult notes and
reports for patients with behavioural/developmental
disorder, and provide feedback.
ii. At the second meeting, six months later, the Clinical
Supervisor shall review and provide feedback on consult
reports prepared in the intervening six months and
allow me to reflect on changes I have made to his
practice.
(iii) Discuss any concerns arising from the chart reviews;
(iv) Make recommendations to me for practice improvements and
ongoing professional development and inquire into my
compliance with the recommendations;
(v) 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
(vi) Submit written reports to the College at the conclusion of
the supervision, or more frequently if the Clinical
Supervisor(s) has concerns about my standard of practice.
(c) I, Dr. Sturm, 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 Schedule "B" to my
Undertaking and concerns that may arise during the period of
Clinical Supervision.
(d) I, Dr. Sturm, undertake to cooperate fully with the Clinical
Supervision of my practice, conducted under the term of this
Undertaking and Schedule "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. Sturm, undertake to ensure that Schedule "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. Sturm, undertake that if a person who has given an
undertaking in Schedule "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. Sturm, agree 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. Sturm, agree 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. Sturm, undertake to participate in and successfully complete
all aspects of the detailed IEP, attached hereto as Schedule "B",
including all of the following professional education (the
"Professional Education"):
(i) individualized instruction in communication satisfactory to
the College, with an instructor selected by the College; and
(ii) any additional professional education recommended by my
Clinical Supervisor(s).
(b) I, Dr. Sturm, 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. Sturm, acknowledge that a report or reports may be provided
to the College regarding my progress and compliance with the
Professional Education.
(d) I, Dr. Sturm, undertake to complete this requirement by August 1,
2017 or, if no satisfactory program is available by that time, by
the first possible opportunity thereafter.
(7) Reassessment of Practice
(a) I, Dr. Sturm, undertake that, approximately six (6) months after
the completion of the Clinical Supervision and Professional
Education set out in section (3) above and Schedule "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.
(b) I, Dr. Sturm, undertake to co-operate fully with the Reassessment,
conducted under the term of this Undertaking
(c) I, Dr. Sturm, 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.
(8) Monitoring
(a) I, Dr. Sturm, 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. Sturm, 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. Sturm, 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.
(d) I, Dr. Sturm, acknowledge that I have executed the OHIP consent
form(s), attached hereto as Schedule "C".
C. ACKNOWLEDGEMENT
(9) I, Dr. Sturm, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(10) I, Dr. Sturm, 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. Sturm, 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. Sturm, 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. Sturm, 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. Sturm, 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. Sturm, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Sturm, 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. Sturm was the subject of a College investigation into
whether he engaged in professional misconduct regarding the
preparation of consultation reports and in his communication
with the parent of a patient. As a result of the
investigation:
* Dr. Sturm will practise under the guidance of a
Clinical Supervisor acceptable to the College for 6
months.
* Dr. Sturm will engage in professional education in
communications.
* Dr. Sturm's practice will be reassessed by an assessor
selected by the College within 6 months of the
completion of the Professional Education and Clinical
Supervision.
D. CONSENT
(16) I, Dr. Sturm, 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. Sturm, 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. Sturm, 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 Schedule "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 (6) above and which he or
she reasonably believes indicates a potential risk of harm to my
patients.
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