As from February 6, 2020, the following are imposed as terms, conditions and
limitations on the certificate of registration held by Dr. Gurnam Singh Cheema
in accordance with an undertaking and consent given by Dr. Cheema to the
College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. GURNAM SINGH CHEEMA
("Dr. Cheema")
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;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Cheema, certificate of registration number 54925, am a member of
the College.
(3) I, Dr. Cheema, acknowledge that following three public complaints that
raised concerns about my standards of practice, the College conducted
investigations bearing File Numbers 1105597, 1105808, and 1105868 (the
"Investigations") into whether I engaged in professional misconduct
and/or am incompetent in my obstetrics and gynecological practice.
(4) I, Dr. Cheema, acknowledge that I currently practise at 6453 Morrison
Street, Niagara Falls ("Morrison Street Location").
(5) I, Dr. Cheema, acknowledge that I also currently hold privileges with the
Niagara Health System.
(6) I, Dr. Cheema, acknowledge that I do not practise at any practice
location, including but not limited to, any hospitals, clinics and
offices, in any jurisdiction, nor am I affiliated with any Independent
Health Facility in any jurisdiction, other than the Morrison Street
Location and the Niagara Health System (collectively, my "Practice
Location" or "Practice Locations"), nor do I have privileges at any other
hospital whatsoever.
B. UNDERTAKING
(7) I, Dr. Cheema, undertake to abide by the provisions of this Undertaking,
effective immediately.
(8) Practice Restrictions
(a) I, Dr. Cheema, undertake that, effective January 1, 2021, I shall
not engage in the practice of medicine as the Most Responsible
Physician for any patient whatsoever.
(b) I, Dr. Cheema, undertake that, effective January 1, 2021, the
entirety of my scope of practice will be limited in the following
ways:
(i) I shall only practise medicine as a surgical assistant of a
surgeon:
1. certified by the Royal College of Physicians and
Surgeons or recognized as a surgical specialist by the
College; and
2. who holds privileges with the Niagara Health System or
other Practice Location as may be approved by the
College,
(collectively, a "Qualified Surgeon"); and
(ii) for further clarity, but without limiting the generality of
section (8)(b)(i) above, effective January 1, 2021:
1. I will not provide any pre-operative or post-operative
care whatsoever; and
2. a Qualified Surgeon must always be physically in
attendance when I am engaging in my practice as a
surgical assistant.
(c) I, Dr. Cheema, undertake that, effective January 1, 2021, I will
not engage in any practice of medicine that is not expressly and
specifically listed in section (8)(b) above.
(9) I, Dr. Cheema, undertake that, effective January 1, 2021, I will not
commence surgical assisting at any other Practice Location (other than
the Niagara Health System) without prior approval of the College. Should
I seek privileges to perform surgical assisting at any other Practice
Location (other than the Niagara Health System), I shall advise the
College within five (5) days of making such application, and shall seek
approval to practice surgical assisting at the Practice Location at least
fourteen (14) days before I plan to commence surgical assisting at that
location.
(10) Compliance and Monitoring
(a) I, Dr. Cheema, 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. Cheema, 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.
(c) I, Dr. Cheema, acknowledge that I have executed the OHIP consent
form, attached hereto as Appendix "A".
(d) I, Dr. Cheema, undertake 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.
(11) I, Dr. Cheema, undertake to abide by the College's Policy on Closing a
Medical Practice.
C. ACKNOWLEDGEMENT
(12) I, Dr. Cheema, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(13) I, Dr. Cheema, 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.
(14) I, Dr. Cheema, 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) I, Dr. Cheema, acknowledge that the College will provide this Undertaking
to any Qualified Surgeon and any Chief of Staff, or a colleague with
similar responsibilities, at any Practice Location ("Chief of Staff" or
"Chiefs of Staff").
(16) I, Dr. Cheema, 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.
(17) I, Dr. Cheema, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(18) Public Register
(a) I, Dr. Cheema, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Cheema, acknowledge that, in addition to this Undertaking
being posted in accordance with section (18)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
Three College investigations were conducted into whether Dr.
Cheema engaged in professional misconduct and/or was
incompetent in his obstetrics and gynecological practice. As
a result of the investigations, effective January 1, 2021,
Dr. Cheema has agreed to restrict his practice to that of a
surgical assistant under the direction of a qualified
surgeon.
D. CONSENT
(19) I, Dr. Cheema, give my irrevocable consent to the College to provide all
Qualified Surgeons and all Chiefs 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.
(20) I, Dr. Cheema, give my irrevocable consent to all Qualified Surgeons and
all Chiefs 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.